On appeal in a habeas corpus case the proceedings in the record must be certified to be correct by the judge or officer hearing the petition. Code 1940, Tit. 15, § 369; Callahan v. State, 33 Ala. App. 362, 33 So.2d 743; Code 1940, Tit. 15, § 369; Callahan v. State, 33 Ala. App. 362, 33 So.2d 743; Kitonis v. State, 33 Ala. App. 663, 34 So.2d 870; Cross v. Willis, 28 Ala. App. 271, 182 So. 480; Morris v. State, 29 Ala. App. 396, 196 So. 750; Downs v. Norris, 32 Ala. App. 381, 26 So.2d 418. The requirements of said statute are mandatory. Summers v. State, 31 Ala. App. 264, 15 So.2d 500; Id., 244 Ala. 672, 15 So.2d 502; Glenn v. Glenn, 21 Ala. App. 148,106 So. 226; Cross v. Willis, supra; Hurd v. Troy, 170 Ala. 113, 54 So. 495. CARR, Judge.

Right of appeal and requirements for taking appeal in habeas corpus case is statutory, and must be substantially followed. Code 1940, Tit. 15, § 369; Callahan v. State, 33 Ala. App. 362, 33 So.2d 743; Cross v. Willis, 28 Ala. App. 271, 182 So. 480; Summers v. State, 31 Ala. App. 264, 15 So.2d 500; Downs v. Norris, 32 Ala. App. 381, 26 So.2d 418. And matter affecting a child may become a subject of chancery jurisdiction, and it is immaterial whether that jurisdiction is invoked by bill, petition or application for habeas corpus. Ex parte Bates, 247 Ala. 391, 24 So.2d 421; State v. Black, 239 Ala. 644, 196 So. 713; Murphree v. Hanson, 197 Ala. 246, 72 So. 437; Thomas v. Thomas, 212 Ala. 85, 101 So. 738. But if the question is presented by petition for habeas corpus, appeal, if taken, must be in accordance with statutory requirements for appeals in habeas corpus cases.

The statute requires that the transcript of record be filed in the appellate court within thirty days after judgment. The provisions of this statute are mandatory and noncompliance therewith warrants a dismissal of the appeal. State v. Patton, 36 Ala. App. 539, 60 So.2d 383; Thomas v. State, 34 Ala. App. 160, 37 So.2d 245; Hughes v. State, 34 Ala. App. 657, 43 So.2d 321; Callahan v. State, 33 Ala. App. 362, 33 So.2d 743; Downs v. Norris, 32 Ala. App. 381, 26 So.2d 418; Cross v. Willis, 28 Ala. App. 271, 182 So. 480. From the record it appears that the provisions of the statute have not been complied with, and the delay must be attributed to the appellant.

The following authorities support appellee's insistence. Callahan v. State, 33 Ala. App. 362, 33 So.2d 743, and authorities cited; Thomas v. State, 34 Ala. App. 160, 37 So.2d 245. It follows that the appeal must be dismissed, and it is so ordered.