240 ARTICLE 5.

Clerk the amount of such cost, so that the Clerk shall not be required to pay
out money for printing and incur the risk of loss in not being able to collect
the cost from the parties from whom it may be due, after the work is done.
And if there be cross-appeals, or more than one appeal, embraced in one
transcript, the cost shall be duly apportioned; and no appeal shall be con-
sidered as ready for hearing until this rule shall be complied with by the
appellant or appellants. But nothing herein contained shall be taken to
prevent the appellee from having the appeal dismissed, or the judgment,
order or decree affirmed, under rule of Court, for failure on the part of
the appellant to have the appeal ready for argument.

Where several parties appeal from the same decree, one of the appellants will not
be required to pay for an additional record which has no bearing on his appeal. Cor-
rect practice as to the payment of costs where several parties have conflicting or dif-
ferent interests affected by the same decree. Cross appeals. This section construed in
connection with sec. 46. Boyce v. McLeod, 107 Md. 8.

The only method by which a record can be brought into the court of appeals is
as pointed put by this section and sec. 43. An agreed statement of facts cannot be
substituted. McDevitt v. Bryant, 104 Md. 190.
See art. 36, sec. 13.

An. Code, sec. 50. 1904, sec. 50. 1888, sec. 48.

54. All briefs in civil causes preparatory to the argument of such
causes, as required by the rule of court, shall be filed with the clerk in
manuscript; and the clerk shall furnish the requisite number of printed
copies thereof, at the rate of cost provided in the preceding section; and
the amount of such cost shall be paid, or secured to be paid, by the party
required to furnish such briefs, at the time of delivery thereof, to the clerk,
and before argument; and any party failing to comply with; this section
shall be considered in default under the rules of court, for not furnishing
briefs as thereby required.
See notes to sec. 55.

An. Code, sec. 51. 1904, sec. 51. 1888, sec. 49. Rule 40.

55. Either party may file written or printed arguments in any cause
pending in the court of appeals, but the cost of such arguments shall not
be taxed as part of the costs of the cause. A sufficient number of printed
copies of the argument shall be furnished for the court, the counsel con-
cerned, the reporter and the clerk. If the party filing the argument think
proper, he may have the printing done on the best terms he can make;
provided it be in good, clear, readable type; but if the clerk of the court of
appeals be required to have the argument printed, he shall be entitled to
charge therefor the actual cost of printing the same, and be entitled to de-
mand the amount of said cost before having the same printed. But in no
case shall a brief or argument be received, either through the clerk or
otherwise, after the cause has been argued or submitted, unless it be upon
special leave granted in open court, after notice to opposing counsel.

A long established course of construction treats the cost of printing briefs as
taxable in the case, while this section seems to exclude the cost of printed argu-
ments from being so taxed; loose use of terms " briefs " and " printed arguments ";
lower court bound by decision of court of appeals as to costs. Maloy v. McLean,
140 Md. 308.