Chap. 201.—An ACT Amending Section Twelve, Chapter One Hundred and
Eighty-Four of the Code, relating to Printing Records in Court of Ap-

peals.
Approved July 8, 1870.

1. Be it enacted by the general assembly, That the act passed
on the fourteenth day of February, eighteen hundred and sixty-
seven, entitled an act to re-enact and amend section twelve of
chapter one hundred and eighty-four of the Code of eighteen
hundred and sixty, in relation to the printing of the records
in the district courts and court of appeals, be repealed.

2. That the twelfth section of chapter one hundred and
eighty-four of the Code of eighteen hundred and sixty, con-
cerning fees and costs, be amended and re-enacted so as to
read as follows:

Ҥ 12. The same fees as the clerk of the circuit court for
similar services. In every case wherein printing is done under
the twenty-eighth section of chapter one hundred and eighty-
second, the clerks of the courts of appeals shall charge, in such
case, to the appellants, or plaintiffs in error, the cost of printing
the record, which shall be paid or secured to be paid to the cler
before the case is tried: provided, that if said costs be not paid
on or betore the first day of the second term of the court
(after the appeal is allowed) in which the case is docketed, the
appeal shall be dismissed. Which costs, so paid or secured to
be paid, shall be recovered by the party substantially prevail-
ing. The clerk shall account for and pay into the treasury of
the state the amount taxed for printing the record; but no-
thing in this section shall be construed so as to deprive the clerk
of the right to charge for a copy of the record in a proper
case.”
3. This act shall be in force from its passage.