Where a prisoner charged with a bailable offense takes an appeal from a final order made upon the return of the writ, and makes application to the court of judge and due notice thereof has been given to the district attorney of the district, it shall be the duty of the said court or judge to enter an order fixing bail pending the appeal, and the prisoner upon perfecting his appeal shall be admitted to bail as prescribed by said order. An appeal is perfected by [giving] written notice to the court or judge making the order appealed from and to the adverse party. Bail bonds shall be conditioned that the prisoner shall appear at the term of court to which the appeal is taken and abide by and perform the judgment of orders of said court. The bond shall be approved by the court or judge whence the appeal is taken or by a judge of the Supreme Court, and thereupon the prisoner shall be discharged. The court or judge from whose order the appeal is taken shall transmit to the Supreme Court all the proceedings resulting in said order.
History —Mar. 12, 1903, p. 102, § 4.