By the Court,
Cowen, J.
The order of the judge may be taken as of itself evidence of probable cause. The delay of the defendant is excused, and the only question is, therefore, one of costs. The 81st rule limits the right of appeal to eight days from notice of the decision. That means the signing of the decision by the circuit judge ; not the filing of it. The appeal may stand on payment of costs by the defendant.
Rule accordingly.