The statute provides that in addition to the usual conditions of an appeal bond, it must contain a further condition, that if the plaintiff obtains restitution of the premiums in the suit, the 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 the plaintiff shall obtain possession thereof, together with costs of suit in prosecuting the complaint and obtaining the restitution of the premises.77

The following form of bond on appeal has been sustained:

KNOW ALL MEN BY THESE PRESENTS, that we, Richard Roe, as principal, and......................,......................as sureties, are held and firmly bound unto John Doe in the sum of.............

dollars, to be paid to the said John Doe, or to his certain attorneys, heirs, administrators, and assigns; to which payment, well and truly to be made, we bind ourselves our heirs, executors, and administrators, and each and every one of them, firmly by these presents.

Sealed with our seals and dated the................day of................,

19.......

Whereas, judgment was rendered on the............day of............

77. 3 Compiled Laws 1915, Sec. 13252.

............, by ...................., a Circuit Court Commissioner of the

County of...................., and State of Michigan, in favor of the said John Doe, plaintiff, for the restitution of the following lands and tenements, to-wit: ...................., and for the sum of

....................dollars, costs of suit, against the said Richard Roe, as defendant.

And whereas, the said Richard Roe, conceiving himself aggrieved by the said judgment, has appealed to the Circuit Court for the County of.....................

Now, the condition of this obligation is such that if the said Richard Roe shall prosecute his appeal with all due diligence to a decision in the said Circuit Court, and he shall abide by said judgment, and pay the amount of the same including all costs with interest thereon, together with the amount of rent found due the plaintiff for said premises with interest, and, in case the said appeal shall be discontinued, if the said .................... shall pay the amount of the judgment rendered against him before said commissioner, including all costs, with interest thereon, together with the rent due upon said premises up to and including the date of the dismissal of said appeal, with interest thereon, then this obligaiton shall be void, otherwise to remain in full force and effect.

Richard Roe (Seal)

..............................................(Seal)

..............................................(Seal)

The bond may be approved by a deputy county clerk.78

The jurisdiction of the Circuit Court on appeal is no greater than the commissioner's.79

The discretion of the Circuit Court to allow costs, including certain fees, in these appeals, cannot be overcome by rule of court not to allow them in certain cases.80

The judgment of the Circuit Court can be reviewed by writ of error only.81

The remedies of appeal and certiorari to the Circuit Court are adequate and complete and the Supreme Court, while it

78. Cole v. Judge, 106, Mich. 692.

79. Mulder v. Carlett, 54 Mich. 80.

80. Brewing Co. v. Judge, 108

Mich. 356; Peters v. Fisher, 50 Mich. 331.

81. Parker v. Copeland, 4 Mich

528.

may have the power, is clearly not bound to review a commissioner's judgment upon a common law certiorari.82

A reversal on certiorari does not secure a new trial, but ends the proceedings; on appeal a new trial is of right.83