Year: 1875

of the probate courts in this state

 at any time within twelve month

 after the rendition thereof, by tn

 party aggrieted filing an afiidavi

 ard prayer for appeal with thu

 clerk of the probate court; ant

 upon the filing of such affidavit

 the clerk shall oI der an appeal a

 the term at which such judgmehf

 or order shall be rendered, or al

 any term held within twelve

 months thereafter. The party

 aggrieved, his or her agent or at

 torney, shall swear in said afiida

 wit that the appeal is taken be

 cause he verify believes that he or she is aggrieyed, and is not taken for the purbose of yexation or delay.

 l Sec. ?. Administrators, execu- tors and guardians shall not be required to give bond, but all or ders against them as such shall be superseded by the appeal; in all other cases where the appellant desires supersedeas, the appel lant shall give bond in sufficient sum, to be settled by the court, conditioned that he shall pay all the costs of the appeal, and such damage as may be adjudged against him in the appeal, and will perform the judgment of the circuit court, or abide and perform the judgment of the probate court if the same is affirmed, or the ap- peal is dismissed, and judgment may be rendered on said bond in the circuit court.

 Sec. 3. Upon filing of the bond as required in the preceding sec tion, the judgment stall be super seded: Provided, That an appeal may be taken without supersedeas.

 Sec. f. On all appeals to the circuit court from all said orders and judgments of the probate courts and county courts, the clerks of said courts shall trans init all of the original papers and a transcript of the record entries in the cause or matter, to the clerk of the circuit court; where upon the circuit court shall pro- ceed to try the cause de novo.

 Sec. 5. All appeals allowed ten days before the first day of the term of the circuit court next after the appeal allowed, shall be determined at such term unless continued for cause.

 Sec. 6. If the appeal be not al lowed at the same term at which the judgment is rendered, the ap- pellant shall serve the appellee at least ten days before the first day of the term at which the cause is to be determined with anotice in writing, notifying him of the fact that an appeal had been taken from the judgment therein speci fled. The notice may be served in the same manner as an original summons, and when the appellee | does not reside Ill the county, and has no agent in the suit therein, the service may be by leaving a copy of such notice with the clerk.

 Sec. 7. If the appellant fail to give notice of his appeal in a cause where such notice is re- quired, the cause may, on the ap- plication of the appellee, be con tinued as matter of course, until the succeeding term, but no ap- peal shall be dismissed for want of such notice, and, if the cause be continued, no further notice shall be required.

 Sec. s. Nothing in the preced- ing section shall be so construed as to prevent the appellee from going into . trial of such an ap- peal without notice.

 Sec. 9. This act shall be in force from and after it's passage, and all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

 Approved, March "A, 1875.