By the Court.
Lumpkin, J.delivering the opinion.
[1.] This Court decided, at an early day after its organization, that the payment of costs by .the party complaining, in the Court below, was not a condition precedent which the record must show had been performed, before we could take jurisdiction of the cause. If the cost is not paid, the defendant in error may cause execution to issue, and proceed at once to make it in the Court below.