This is a motion by an appellee to dismiss the *569 appeal for want of notice. Section 301 C. 0. P., requires a inotice of the appeal to be given: the manner of serving notices as prescribed elsewhere in the Code. The judge below has .nothing to do with the granting of an appeal; it is the act of the appellant alone. On his docketing his appeal and giving the required undertakings, it is the duty of the Clerk to send ■it up. Hence there is no presumption of regularity, such as would exist in the case of a judgment rendered by a Judge; ■nor can notice be presumed merely because the appeal was taken during a term of the Court. See General Rule adopted at this term. The motion is allowed, and the appeal is dismissed with costs.

Per Curiam. Appeal dismissed.