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8 How. Pr. N. S. 236.

188. Delivery of prisoners, pro-
cess, etc., how enforced.

189. Under-sheriff, etc., when to comply with the fores going provisions.

182. Where a new sheriff has been elected or appointed, and has qualified and given the security required by law, 2N.Y.Supp. the clerk of the county must furnish to the new sheriff a certificate, under his hand and official seal, stating that the person so appointed or elected, has so qualified and given security.


84 N. Y. 222.

83 N. Y. 174.

88 N. Y. 403.

84 N. Y. 222.

$183. Upon the commencement of the new sheriff's term of office, and the service of the certificate on the former sheriff, the latter's powers as sheriff cease, except as otherwise expressly prescribed by law.

§ 184. Within ten days after the service of the certificate, upon the former sheriff, he must deliver to his successor :

1. The jail, or if there are two or more, the jails of the county, with all their appurtenances, and the property of the county therein.

2. All the prisoners then confined in the jail or jails.

3. All process, orders, commitments, and all other papers and documents, authorizing, or relating to the confinement or custody of a prisoner, or, if such a process, order, or commitment has been returned, a statement in writing of the contents thereof, and when and where it was returned.

4. All mandates, then in his hands, except such as he has fully executed, or has begun to execute, by the collection of money thereon, or by a seizure of or levy on money or other property, in pursuance thereof.

§ 185. At the time of the delivery, the former sheriff must execute an instrument, reciting the property, documents, and prisoners delivered, specifying particularly the process or other authority, by which each prisoner was committed and is detained, and whether the same has been returned or is delivered to the new sheriff. The instrument must be delivered to the new sheriff, who must acknowledge, in writing, upon a duplicate thereof, the receipt of the property, documents and prisoners, therein specified; and deliver such duplicate and acknowledgment to the former sheriff.*

§ 186. Notwithstanding the election or appointment of a new sheriff, the former sheriff mnst return, in his own name, each mandate which he has fully executed; and must proceed with and complete the execution of each mandate which he has begun to execute, in the manner specified in subdivision fourth of the last section but one.

§ 187. Where a person, arrested by virtue of an order of arrest, is confined, either in jail, or to the liberties thereof, at the time of assigning and delivering the jail to the new sheriff, the order, if it is not then returnable, must be delivered to the new sheriff, and be returned by him at the return day thereof, with the proceedings of the former sheriff and of the new sheriff thereon.

$188. If the former sheriff neglects or refuses to deliver to his successor, the jail, or any of the property, documents or prisoners in his charge, as prescribed in this title, his successor must, notwithstanding, take possession of the jail, and of the property of the county therein, and the custody of the For law regulating sheriff's office in New York county, see L. 1890 e 523 16.

prisoners therein confined, and proceed to compel the delivery of the documents withheld, as prescribed by law.

§ 189. If, at the time when a new sheriff qualifies, and gives the security required by law, the office of the former Sheriff is executed by his under-sheriff, or by a coroner of the county, or a person specially authorized for that purpose, he must comply with the provisions of this title, and perform the duties thereby required of the former sheriff.









The court of appeals.

ARTICLE 1. Jurisdiction, and mode of exercising the same; general powers; terms and sittings.

2. The clerk of the court.

3. The state reporter; publication and distribution of the



190. The jurisdiction of the court of appeals in civil actions.

191. Limitations, exceptions and

192. Appeals from certain or-
ders how heard.
193. Court may make rules.
194. Remittitur; when judg.

ment absolute to be ren

dered, and proceedings

195. 8econd and subsequent

196. Times and places of hold-
ing terms.

197. Court may be held in any
building; adjournments.
198. Officers to be appointed by 85 Id. 628


§ 190. [Am'd 1882, 1895, amendment to take effect January 1, 1896.] The court of appeals has exclusive jurisdiction to review upon appeal every actual determination made prior to the last day of December, eighteen hundred and ninety-five, at a general term of the supreme court, or by either of the superior city courts, as then constituted, in all cases in which, under the provisions of law existing on said day, ap.

81 N. Y. 305;

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13 Week.

Dig. 29, 85.

82 N. Y. 506;

86 Id. 162;

121 Id. 57;

137 N. Y. 435.

3 Hun, 54.

82 N. Y. 506;

87 Id. 153;

Id. 527; 105
Id. 57.

155 N. Y. 441

peals might be taken to the court of appeals. From and after the last day of December, eighteen hundred and ninety-five, the jurisdiction of the court of appeals shall, in civil actions and proceedings, be confined to the review upon appeal of the actual determinations made by the appellate division of the supreme court in either of the following cases, and no others:

119 Id. 153; 128 Id. 93; 139 Id. 51; 145 Id. 540; 150 Id. 117; 151 Id. 172; 152 Id 521; 153 Id. 449; 155 Id. 102, 136, 255, 308, 325, 441; 156 Id. 36, 451; 157 Id. 50.

1. Appeals may be taken as of right to said court, from judgments or orders finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants stipulate that upon affirmance, judgment absolute shall be rendered against them.

2. Appeals may also be taken from determinations of the appellate division of the supreme court in any department where the appellate division allows the same, and certifies that one or more questions of law have arisen which, in its opinion, ought to be reviewed by the court of appeals, in which case the appeal brings up for review the question or questions so certified, and no other; and the court of appeals shall certify to the appellate division its determination upon such questions.

75 N. Y. 156;

§ 191. Limitations, exceptions and conditions. 94 Id. 518. [Am'd 1877, 1887, 1888, 1895, 1896, 1898.] The jurisdiction conferred by the last section is subject to the following limitations, exceptions and conditions:

24 N. Y.

State Rep. 53

124 N Y 114.

126 Id. 336. 101 Id. 17; 167 1. 645;

108 Id. 518; 117 Id. 75.

152 N. Y. 212. 155 Id. 615.

149 N. Y. 183; 150 Id. 225, 276; 151 Id, 50, 171, 549; 153 Id. 223; 14 App. Div. 19. 153 N. Y. 223

1. No appeal shall be taken to said court, in any civil action or proceeding commenced in any court other than the supreme court, court of claims, county court, or a surrogate's court, unless the appellate division of the supreme court allows the appeal by an order made at the term which rendered the determination, or at the next term after judgment is entered thereupon and shall certify that in its opinion a question of law is involved which ought to be reviewed by the court of appeals.

2. No appeal shall be taken to said court from a judgment of affirmance hereafter rendered in an action to 15 N. Y. 30; recover damages for a personal injury, or to recover damages for injuries resulting in death, or in an action to set aside a judgment, sale, transfer, conveyance, assignment or written instrument, as in fraud of the rights of credit

Id 365.

ors, or in an action to recover wages, salary or compensation for services, including expenses incidental thereto, or damages for breach of any contract there for, when the decision of the appellate division of the supreme court is unanimous, unless such appellate division shall certify that in its opinion a question of law is involved which ought to be reviewed by the court of appeals, or unless in case of its refusal to so certify, an appeal is allowed by a judge of the court of appeals.

3. The jurisdiction of the court is limited to a review of questions of law. 150 N. Y. 547.

4. No unanimous decision of the appellate division of the supreme court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the court of appeals, 150 N. Y. 219.

§ 192. [Repealed 1895.]

$193. The court may from time to time make, alter, and amend, rules, not inconsistent with the Constitution or statutes of the State, regulating the practice and proceedings in the court, and the admission of attorneys and counsellors at-law, to practice in all the courts of record of the State.

§ 194. The judgment or order of the court of appeals must be remitted to the court below, to be enforced according to law. Upon an appeal froin an order granting a new trial, on a case or exceptions, if the court of appeals determines that no error was committed in granting the new trial, it must render judgment absolute upon the right of the apellant; and after its judgment has been remitted to the court below an assessment of damages, or any other proceeding, requisite to render the judgment effectual, may be had in the latter court.

$195. Upon a second and each subsequent appeal, including a case where a former appeal has been dismissed for a defect or irregularity, the time of the filing the return, upon the first appeal, determines the place of the cause upon the calendar.

§196. The terms of the court of appeals must be appointed to be held, at such times and places as the court thinks proper, and continued as long as the public interest requires.

§197. A term of the court may be appointed to be held in a building, other than that designated by law for holding courts. A term may be adjourned from the place where it is appointed to be held, to another place in the same city. One or more of the judges may adjourn a term, without day, or to a day certain.

§198. The court may, from time to time, by an order entered in its minntes, appoint and remove its clerk, its re porter, and sc attendants as it deems necessary.

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199. Clerk of the court of ap- § 202. Clerks for judges of the

peals to give bond; rooms

for his office.

200. To appoint a deputy.

Powers of deputy.

201. May employ assistants in
his office. Special dep-

court of appeals.

203. Offices for judge of the court of appeals.

204. [Repealed 1894. ]
205. [Repealed 1894.]
206. [Repealed 1894.]
207. [Repealed 1894.]
208. [Repealed 1894.]

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199. The clerk of the court of appeals, before entering upon the duties of his office, must subscribe and file the Constitutional oath of office, and must execute and file in the Comptroller's office a bond to the people of the State, in the penalty of twenty-five thous and dollars, with two suffi cient sureties, approved by the Comptroller and conditioned for the faithful performance of the duties of his office. If the bond is forfeited by a breach of its condition, the court of appeals must. by order, direct an action to be brought thereon. The money recovered must be applied, under the direction of the court of appeals to indemnify the persons aggrieved by the breach in proportion to their respective losses, and to make good any other loss, occasioned by the breach. The clerk must keep his office at the city of Albany, and the trustees of the State Hall must assign him suitable rooms therein for that purpose.

$ 200. he clerk, by a writing, under his hand and the seal of the court, tiled in his office, from time to time must appoint, and may at pleasure remove, a deputy-clerk, who is entitled to a salary, fixed and to be paid as prescribed by law. Before entering upon his duties, the deputy-clerk must subscribe and file in the clerk s office the Constitutional oath of office. While the clerk is absent from his office, or from the sitting of the court, or the office of clerk is vacant, the dep. uty-clerk has all the powers and is subject to all the duties of the clerk.

§201. [Am'd 1877.] The clerk may, with the approbation, in writing, of the judges of the cour, or a majority of them, employ as many assistants in his office as are necessary. He may from time to time appoint, and at pleasure remove, his assistants. Each assistant is entitled to a compensation, fixed and to be paid as prescribed by law. The clerk may appoint one of his assistants as special deputy-clerk; who possesses, in the absence of the clerk and the deputy-clerk the same power and authority as the clerk at any sitting of the court which he attends, with respect to the business transacted thereat,

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