TITLE IV. Powers, duties and liabilities of an incoming and outgoing sheriff, respectively, touching the matters included in this chapter. SECTION 182. Certificate to be furnished to new sheriff. 184. Jails, process, etc., to be delivered to new sheri 186. Former sheriff to execute certain process. 187. Certain orders to be delivered to and returned by new sheriff. 189. Under-sheriff, etc., when to comply with foregoing provisions. § 182. Certificate to be furnished to new sheriff. Where a new sherif has been elected or appointed, and has qualified and given the security required by law, 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. § 183. Powers of former sheriff; when to cease. Upon the commencement of the new sheriff's term of office, and the service of the certificate on the former sheriff, the latters powers as sheriff cease, except as otherwise expressly prescribed by law. § 184. Jails, process, etc., to be delivered to new sheriff. 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. Former sheriff to execute instrument. 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. Former sheriff to execute certain process. Notwithstanding the election or appointment of a new sheriff, the former she.ir must 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 sucdivision fourth of the last section but one. . $187. Certain orders to be delivered to and returned by new sheriff 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. Delivery of prisoners, process, etc., how enforced. 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 prisoners therein confined, and proceed to compel the delivery of the documents withheld as prescribed by law. $189. Under-sheriff, etc., when to comply with foregoing provisions. 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. 35 r CHAPTER III. CIVIL JURISDICTION OF THE PRINCIPAL COURTS OF RECORD; TITLE II.-THE SUPREME COURT, INCLUDING THE CIRCUIT COURTS. TITLE III.-THE SUPERIOR CITY COURTS. TITLE IV.-THE MARINE COURT OF THE CITY OF NEW YORK. TITLE V.-THE COUNTY COURTS. TITLE I. 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 reports. ARTICLE FIRST. JURISDICTION, and Mode of EXERCISING THE SAME; GENERAL POWERS; TERMS AND SITTINGS 191. Exceptions and qualifications. 192. Appeals from certain orders, how heard. 193. Court may make rules. 194. Remittitur; when judgment absolute to be rendered, and proceedings thereupon. 195. Second and subsequent appeals. 196. Times and places of holding terms. 197. Court may be held in any building; adjournments. 198. Officers to be appointed by court. § 190. The jurisdiction of the court of appeals in civil actions. 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, appeals 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 determination made by the appellate division of the supreme court in either of the following cases, and no others: 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. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] 36 § 191. Limitations, exceptions and conditions. The jurisdiction conferred by the last section, is subject to the following limitations, exceptions and conditions: 1. No appeal shall be taken to said court, in any civil action or proceeding commenced in any court other than the supreme court, 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. The jurisdiction of the court is limited to the review of questions of law. 3. 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. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] § 192. Appeals from orders. Repealed by chapter 946 of 1895. To take effect Januarg 1, 1896. 37 § 193. Court may make rules. 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. Remittitur; when judgment absolute to be rendered, and proceedings thereupon. 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 from 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 appellant; 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. over-2/195. Second and subsequent appeals. 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 filing the return, upon the first appeal, determines the place of the cause upon the calendar. § 196. Times and places of holding terms. 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. Court may be held in any building; adjournments. 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. Officers to be appointed by court. The court may, from time to time, by an order entered in its minutes, appoint and remove its clerk, its reporter, and such attendants as it deems necessary. ARTICLE SECOND. THE CLERK OF THE COURT. SECTION 199. Clerk of the court of appeals to give bonds; rooms for his office. 200. To appoint a deputy. Powers of deputy. 201. May employ assistants in his office. Special deputy. § 199. Clerk of the court of appeals to give bond; rooms for his office. 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 thousand dollars, with two sufficient 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 direc tion 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 38 |