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188. Delivery of prisoners, pro- 2 189. Under-sheriff, etc., when cess, etc., how enforced.
to comply with the fores
going provisions. 8 How. Pr. $ 182. Where a new sheriff has been elected or appointN. S. 236. ed, 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 certi
ficate, under his hand and official seal, stating that the person
so appointed or elected, has so qualified and given security. 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 con
tents thereof, and when and where it was returned. 83 N. Y. 174,
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. 88 N. Y. 403.
$ 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 begnn to execute, in the manner specified in subdivision
fourth of the last section but one. 84 N. Y. 222.
$ 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 shoriff 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, not withstanding, 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 c 523 % 16.
prisoners therein confined, and proceed to compel the delive ery 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.
powers; terms and sittings.
JURISDICTION, AND MODE OF EXEBCISING THE BAMB ;
GENDRAL POWEBS; TERMS AND SITTINGS.
| 190. The jurisdiction of the
court of appeals in civil
actions. 191. Limitations, exceptions and
conditions. 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
81 N. Y. 306: 85 Id. 628; 94 Id. 248; 103 Id 378; 104 Id. 200;
$ 190. [Am'd 1882, 1895, amendment to take effect January la: 234; -10: 1, 1896.] The court of appeals has exclusive jurisdiction to 661: 112 d. review upon appeal every actual determination made prior to 499 136 ia: the last day of December, eighteen hundred and ninety-five, 248; 138 Id. at a general term of the supreme court, or by either of the 88. superior city courts, as then constituted, in all cases in 146 N.Y. 6.40 which, under the provisions of law existing on said day, ap. Id. 69.
133; 141 Id. 365.
13 Week. peals might be taken to the court of appeals. From and after
Dig: 29,85: the last day of December, eighteen hundred and ninety-five, 82 N. Y. 506; 86 Id. 162; the jurisdiction of the court of appeals shall, in civil actious 121 Id. 57; 137 N. Y. 435. and proceedings, be confined to the review upon appeal of
Hun, 5-4, the actual determinations made by the appellate division of 82 N. Y. 506; 87 Id. 153; the supreme court in either of the following cases, and no 10. 527; 105 others : Id. 57.
119 Id. 153; 129 Id, 93; 139 II. 51; 145 Id. 510; 150 l. 117; 131 Id. 172; 152 Id 521; 153 Id. 449; 155 Id. 102, 136, 255, 308, 326, 441; 156 Id. 36, 451; 167 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 affirm. ance, judgment absolute shall be rendered against them.
155 N. Y.441
2. Appeals may also be taken from determinations of the appellate division of the supreme court in any department where the appellate Jivision 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 sball certify to the appellate division its determination upon such questions.
124 NY 114.
76 N. Y. 156; $ 191. Limitations, exceptions and conditions. 94 Id. 518. [Amd 1877, 1887, 1888, 1895, 1896, 1898.] The jurisdiction
conferred by the last section is subject to the following
153 N. Y. 223 24 X Y
1. No appeal shall be taken to said court, in any civil State Rep. action or proceeding commenced in any court other than
538 the supreme court, court of claims, county court, or a sur126 Id. 336. rogate's court, unless the appellate division of the supreme 101 Id. 17; court allows the appeal by an order made at the term which 107 14.645; rendered the determination, or at the next term after judg117 Id. 75. ment 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 judg15.5 Id. 615. ment of aflirmance hereafter rendered in an action to 15 ; Y. 30; recover damages for a personal injury, or to recover dam
ages for injuries resuliing 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
118 Il. 516;
152 X. Y.212.
12 Abb. N.
ors, or in an action to recover wages, salary or compensa- 34 Hun, 584; tion for services, including expenses incidental thereto, or
92 N. Y. 631, damages for breach of any contract therefor, when the 0.335. decision of the appellate division of the supreme court is 100 %: 500; unanimous, unless such appellate division shall certify id. 577 14 that in its opinion a question of law is involved which w 209: 123 ought to be reviewed by the court of appeals, or unless in N. Y. 555. 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. 517.
4. No unanimous decision of the appellate division of the supreme court that there is evidence supporting or tending to sustaiv 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. [Repeated 1895.)
$193. The court may from time to time make, alter, and amend, rules, not inconsistent with the Cons:itution or statutes of the State, regulating the practice and proceedings in the court, and the admission of attorneys and coun. Bellors at-law, to practice in all tho courts of record of the State.
80 N. Y. 402 131 N. Y. 37
$ 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 froja 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, requisire to render the judgment effectual, may be had in the latter court.
$ 195. Upon a second and each subsequent appeal, including a case whore a former appeal has been dismissed for & defect or irregularity, the time of the filing the return, upon the first appeal, determines the place of the cause upon the calendar.
9 196. 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 interesu 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 oourt may, from time to time, by an ordor entored in its minntes, appoint and remove its clerk, its re. porter, and sc. urtandants as it deems necessary.
THE CLERK OF THE COURT. $ 199. Clerk of the court of ap- $ 202. Clerks for judges of the peals to give bond; rooms
court of appeals. for his office.
203. Offices for judge of the 200. To appoint a deputy.
court of appeals. Powers of deputy.
204. (Repealed 1894.) 201. May employ assistants in
205. (Repealed 1894.) his office. Special dep
206. (Repealed 1894.)
207. (Repealed 1894.]
$ 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 thousand 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 bronght thereon. The money recovered must be applied, under the direction of the court of appeals to indemnify the p rsons 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 Al. bany, and the trustees of the State Hall must assign him suitable rooms therein for that purpose.
$ 200, ile 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 salury, fixed and to be paid as prescribed by law. Before entering upon his duties, the deputy-clerk must sub. scribe 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 jndges of the couri, 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 ie paid as prescribed by law. The clerk may appoint one of his assistents as special deputy-clerk ; who possesses, in the absence of the clerk and the depoiy-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.