
    G. ADAMSON v. R. B. HURT ET AL.
    Jackson,
    September Term, 1875.
    1. PAUPER OATH. Eor aj>peal may be taken after adjournment of court when so decreed.
    An appeal may be granted from a decree in chancery upon condition that appellant give an appeal bond or take the pauper’s oath, and may grant time beyond the term (in this case twenty days) in which to give the bond or take the oath, the doing- of either of which within the prescribed time perfects the appeal. [See Code, sec. 4898.]
    
      2. SAME. Same. Defective or irregular, amended in supreme court.
    If such bond or oath given or taken out of term time, but within the time allowed by the decree -of the court, is defective or irregular, it may be amended in the supreme court by tiling a sufficient bond or oath under the decree of the court.
   Deaderick, J.,

delivered the opinion of tbe court:

Defendants have entered a motion to dismiss complainant’s appeal, because taken upon the pauper’s oath before the clerk and master, out of term time, and because its terms are not in accordance with the statute.

The complainant was, by the chancellor’s decree, allowed to give bond or take the pauper’s oath within «twenty days after the adjournment of court. "Within six days after the order was made, complainant took an oath, reciting- that owing- to his poverty he was unable “to give security,” etc. This oath is not such as the statute requires in such cases. It has, however, been held by the court that the chancellor may allow by an order in term time, a party to take an appeal, by the execution of bond or taking the pauper oath after expiration of the term. And such bond or oath, if defective or irregular, may he amended [Andrews v. Page], 2 Heis., 634.

Upon the filing of a sufficient bond or oath by Monday, eleventh (11th) instant, the rule to dismiss will be discharged; otherwise it will be made absolute.  