Tbis is a motion to retax tbe costs of tbis Court, so that tbe defendant may be allowed tbe entire cost of printing, instead of merely tbe amount already taxed, that is, 80 cents a page for sixty pages. It appears from tbe application, which is in writing, that there .was no unnecessary or superfluous matter in tbe transcript, but that tbe whole thereof was pertinent and necessary to a. proper statement of tbe facts upon which tbe assignments of error were based. Tbe respondent, or appellee, bas not answered tbe motion, but her silence admits tbe facts.
*570Eule 31 (164 N. C., 549) provides that the successful party in this Court shall recover the cost of printing the record at a rate not exceeding 70 cents for sixty pages, and 10 cents a page to the clerk of this Court for each page of the copy made by him for the printer, making 80 cents in all, “unless otherwise specially ordered by the Court.” The appellant has brought its application within the rule, and it is a proper case for the exercise of our discretion in its favor by requiring the entire actual costs to be paid. It may be further said that it is perfectly just that the amount paid by appellant for the actual cost of printing should be refunded, for it is in no default, and was compelled to send up and print the entire transcript.
It is, therefore, adjudged that the motion be allowed, and the clerk of this Court will tax the costs accordingly and enter judgment for the same on the prosecution bond of appellee. It is advisable that this rule be fully understood in its practical application.
It is so ordered.
Motion allowed.