186. Former sheriff to execute certain process.

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 the foregoing pro. visions.

§ 18 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.

§ 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 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.

§ 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 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 author.

ized for that purpose, he must comply with the provisions of this title, and perform the duties thereby required of the former sheriff.

CHAPTER III.

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

TITLE I-THE COURT OF APPEALS.

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;

§ 190. 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 (first) in effect determines the action, and prevents a final judgment, or (second) discontinues the action, or (third) grants or refuses a new trial, or (fourth) strikes out a pleading, or part of a pleading, or (fifth) decides an interlocutory application, or a question of practice, or (sixth) 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, involv ing the merits, and necessarily affecting the order appealed from.

4. [am'd 1882.] When an interlocutory judgment has been entered on the decision of a demurrer, provided that the appeal shall be taken within sixty

days after the service on the attorney for the appellant of a copy of the judgment and notice of the entry thereof, and provided also that, excepting in the case of appeals now pending, the general term shall certify that in its opinion the question arising therein is of sufficient importance to render a decision by the court of appeals desirable before proceeding farther.

So much of the provisions of the subdivision hereby added to said section one hundred and ninety as precedes the second proviso thereof, shall apply to appeals already pending in the court of appeals, as well as to those which may hereafter be brought, excepting that so much of said subdivision as limits the time for the taking of said appeals shall not be applicable to appeals already pending.

191. [am'd 1877.] 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.

2. [am'd 1887.] An appeal cannot be taken in an action commenced in a court of a justice of the peace, or in a district court of the city of New York, or in the city court of Yonkers, or in a justice's court of a city, unless the court below allows the appeal by an order made at the general term which rendered the determination, or at the next general term after judgment is entered thereupon. An action discontinued because the answer set forth matter showing that the title to real property came in question, and afterward prosecuted in another court, is not deemed to have been commenced in the court wherein the answer was interposed, within the meaning of this subdivision.

3. An appeal cannot be taken from a judgment, or from an order grant ing or refusing a new trial, except in an action or special proceeding affect ing the title to real property, or an interest therein, if the matter in controversy, excluding costs, is less than five hundred dollars; unless the court below, by an order made at the general term which rendered the determination, or at the next general term after judgment is entered thereupon, allows the appeal, on the ground that a question of law is involved, which ought to be reviewed by the court of appeals.

If an appeal is taken, by the plaintiff, from a judgment rendered in an action not founded upon a contract, the sum for which the complaint demands judgment, or, if the action is to recover one or more chattels, the value of the chattels, as stated in the complaint, is deemed to be the amount of the matter in controversy, within the last subdivision, unless the defendant has interposed a counterclaim; in which case the counterclaim must be ¡ncluded, in determining the amount in controversy.

§ 192. [am'd 1887.] An appeal from an interlocutory judgment over. ruling or sustaining a demurrer, and an appeal from an order under subdivision second of the last section but one, except an order which in effect determines the action and prevents a final judgment, or discontinues the action, or grants or refuses a new trial upon a case or exceptions, may ho noticed for hearing on a motion day and heard as a motion.

§ 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 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 upou 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.

§ 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 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 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 minutes, appoint and remove its clerk, its reporter, and such attendants as it deems necessary.

ARTICLE SECOND.

THE CLERK OF THE COURT.

199. Clerk of the court of appeals to give bond; rooms for his office.

200. To appoint a deputy. Powers of deputy.

201. May employ assistants in his office. Special deputy.

202. Is successor of foriner clerk of court of appeals.

203. Money in custody of clerk to be deposited in bank.

§ 204. Clerk to report to court of appeals concerning money.

205. Amount deposited to be certified by cashier.

206.

Court may order money to be invested; restrictions as to drawing money from bank. 207. Court may appoint person to examine accounts.

208. Court may make rules concerning money.

§ 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 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 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. The clerk, by a writing, under his hand and the seal of the court, filed 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 clerks 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 deputy-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 court, 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.

§ 202. All money, stocks, securities, bonds, mortgages and other things in action, and other property, which, were possessed by the last clerk of the court of appeals, elected by the people, by virtue of his office, have been transferred to, and have become possessed by and vested in, the clerk appointed by the court, as the successor in office of the last elected clerk, notwithstanding the change in the mode of appointment to the office and in the tenure thereof.

§ 203 All money now in the custody or under the control of the clerk, and all other money which may hereafter be paid to or received by him on account of a fund, or in a cause, must be deposited, until invested as prescribed in this article, in such bank or banks as the court of appeals directs. Accounts thereof must be kept with the banks in manner and form as the court directs.

$204. On the first Tuesday of January, and on the first Tuesday of July, in each year, the clerk must transmit to the chief-judge a statement, verified by his affidavit, of all money then remaining in court or in his hands, which must specify:

1. The fund or the title of the cause in or on account of which each sum of money was paid

2. The party by whom it was paid, and generally for what purpose. 3. The time of payment and the amount paid.

4. The bank in which it is deposited.

205. The statement must be accompanied with a certificate of the cashier of each bank in which a deposit is stated to have been made, to the effect that the total amount stated to be deposited is actually in the bank, placed to the credit of the clerk, as clerk of the court of appeals, and not mingled with any other account.

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§ 206. The court may, by order, direct any portion of the money to be invested in the public debt of the State, or of the United States, or proved interest-bearing mortgages upon real property. It may in like manner direct any sum of money, or any security, to be transferred or disposed of, as the court thinks proper. The clerk shall not invest any money, except pursuant to such a direction. Money deposited shall not be drawn from the bank, except on a check, signed by the clerk and countersigned by the chief-judge, or, in his absence, by an associate judge of the court.

207. The court may also, from time to time, appoint a suitable person o examine the accounts kept by, and the securities in the custody of the sierk, who shall be paid by the Comptroller for that service a reasonable um, certified by the chief-judge.

§ 208. The court may also, from time to time, make such regulations