Either party conceiving himself aggrieved by the determination or judgment of the Circuit Court Commissioner in a summary proceeding to recover the possession of land where the defendant holds the same contrary to the conditions or covenants of any land contract, may appeal therefrom to the Circuit Court for the same county, within the same time, in the same manner, and the same proceedings had as in cases of appeals from judgments rendered before justices of the peace.70

The first step in effecting an appeal is to file an affidavit, a form of which is hereinafter set out, a bond with sufficient sureties to be approved by the justice, and to pay to the justice the taxable costs of the prevailing party together with his fees for making out the return on said appeal, and further sum of $3.00 to be paid to the clerk of the court, which sum shall be paid to the clerk of the court by the commissioner at the time the return on appeal is filed with the county clerk.71

69. Davis Michigan Practice Before Circuit Court Commissioners, Section 133.

70. Three Comp. Laws Mich. 1915, Sec. 13252.

71. "Either party conceiving himself aggrieved by the determination or judgment of the commissioner, or other officer, made or rendered under the provisions of this chapter, may appeal therefrom to the circuit court for the same county, within the same time, In the same manner, and return may be compelled, and the same proceedings shall be thereon had, as near as may be, and with like effect, as in cases of appeals from judgments rendered before justices of the peace, and costs shall be awarded and collected in the circuit court in the same manner; and if such appeal is taken by the defendant the appeal bond shall be in a penalty to be fixed by the officer taking the same, not less than double the amount of the annual rental value of the premises in dispute, to be determined by the commissioner, and shall be executed by two or more sufficient sureties, and shall also in addition to the usual conditions of an appeal bond contain a further condition, that if the plaintiff obtain restitution of said premiums in said suit, the said defendant will forthwith pay all rent due or to become due the plaintiff for the premises described in the complaint, or the rental value thereof, up to the time said plaintiff shall obtain possession thereof,

Upon payment of the foregoing fees and the filing of said affidavit and bond, the commissioner usually prepares the return on appeal in his own office. An appeal must be perfected within five days after judgment is rendered,72 but the time for such appeal may be extended by the Circuit Court on good cause shown.73

The amendment of 1917,74 providing that no writ of restitution shall issue until the expiration of thirty days after the entry of judgment of restitution in proceedings upon a land contract has been held not to extend the time within which an appeal might be taken from five to thirty days.75

The affidavit for appeal, the common form of affidavits on appeal from justices' courts is sufficient.76