SEC. 187. Certain orders to be delivered to and returned by new sheriff. 188. Delivery of prisoners, process, etc., how enforced.

189. Under-sheriff, etc., when to comply with foregoing provisions. § 182. Certificate to be furnished to new sheriff. Where a new sheriff 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.

2R. S. 438, 67 (3 R. S., 5th ed., 737; 2 Edm. 457). Curtis v. Kimball, 12 Wend. 275.

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 latter's powers as sheriff cease, except as otherwise expressly prescribed by law.

Id., 68, am'd.

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.(1) 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. (2)

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.(3)

Id., 69, am'd. (1) Hempstead . Weed, 20 Johns. 64; Partridge v. Westervelt, 13 Wend. 500; Hinds v. Doubleday, 21 id. 223; Richards v. Porter, 7 Johns. 137: Ridgway v. Barnard, 23 Barb. 613; French v. Willett, 10 Bosw. 566; Tallmadge . Richmond, 9 Johns. 85. (2) Tallmadge . Richmond, 9 id. 85. (3) Richards v. Porter, 7 id. 137; Wood v. Col vin, 5 Hill, 228; Averille. Wilson, 4 Barb. 180; Mason v. Sudam, 2 Johns. Ch. 172; McKay. Harrower, 27 Barb. 463.

185. Former sheriff to execute instrument. — At the time of the delivery, the former sheriff must exe

cute 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.

2 R. S. 438, 70. Tallmadge v. Richmond, 9 Johns. 85.

§ 186. Former sheriff to execute certain process. → Notwithstanding the election or appointment of a new sheriff, the former sheriff 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 subdivision fourth of the last section but one. Id., 71. See note 3 to 184. Newman v. Beckwith, 61 N. Y. 205. $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.

Id., 72.

$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.

Id., 73.

§ 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 undersheriff, 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.

2 B. S. 438, 174. Newman v. Beckwith, 61 N. Y. 205.

CHAPTER III.

CIVIL JURISDICTION OF THE PRINCIPAL COURTS OF RECORD; ORGANIZATION, MEMBERS, AND OFFICERS THEREOF; DISTRIBUTION DISPATCH OF BUSINESS THEREIN.

TITLE I. THE COURT OF APPEALS.

TITLE

AND

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.

SEC. 190. Cases in which court of appeals has jurisdiction.

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. Cases in which court of appeals has jurisdiction. The court of appeals has exclusive jurisdiction to review, upon appeal, every actual determination,

made at a general term, by the supreme court, or by either of the superior city courts, in either of the following cases, and no others:

1. Where a final judgment has been rendered, in an action commenced in either of those courts, or brought there from another court; and, upon such an appeal, to review an interlocutory judgment or intermediate order, involving the merits, and necessarily affecting the final judgment.

2. Where an order has been made in such an action, affecting a substantial right, and not resting in discretion, which either (1) in effect determines the action, and prevents a final judgment, or (2) discontinues the action, or (3) grants or refuses a new trial, or (4) strikes out a pleading, or part of a pleading, or (5) decides an interlocutory application, or a question of practice, or (6) determines a statutory provision of the State to be unconstitutional, and the determination appears from the reasons given for the decision, or is necessarily implied in the decision.

3. Where a final order, affecting a substantial right, has been made in a special proceeding, or upon a summary application in an action, after judgment; and, upon such an appeal, to review any intermediate order, involving the merits, and necessarily affecting the order appealed from.

Co. Proc., 11, am'd. Paddock v. Springfield, 12 N. Y. 591; Tompkins .Hyatt, 19 id. 534; Morris v. Merrange, 38 id. 172; Platt v. Platt, 13 Alb. L. J. 100; De Barante v. Deyermand, 41 N. Y. 3:5; Leland v. Hathorne, 9 Abb. N. S. 97; s. c., 42 N. Y. 547; Gregory v. Cryder, 10 Abb. N. S. 25: Townsend v. Hendricks, 40 How. 143; Yates v. North, 44 N. Y. 271; Kaine. Delano, 11 Abb. N. S. 29; Bush v. Treadwell, id. 27.

$191. [Amended, 1877.] Exceptions and qualifications. But the jurisdiction, conferred by the last section, is subject to the following limitations, exceptions, and conditions:

1. An appeal cannot be taken, from an order granting a new trial, on a case or exceptions, unless the notice of appeal contains an assent, on the part of the appellant, that if the order is affirmed, judgment absolute shall be rendered against the appellant.(1)

2. An appeal cannot be taken, in an action commenced in a court of a justice of the peace, or in the marine court of the city of New-York, or in a district court of that city, or in the city court of Yonkers, or in a jus