MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The first appropriation by Congress to pay the expense of printing the records of this court was made June 27, 1834. 4 Stat. 695. Since that time until the present term the printing has been done by the government, without charge to litigants. In the appropriation act of the last Congress, however, passed March 3, 1877, it was provided as follows: —
"And there shall be taxed against the losing...
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