TITLE 4. where $179. A person arrested by a coroner, in an action or special pro- Duties of ceeding, in which the sheriff of the county is plaintiff, must be confined coroner in the jail of the county, in a case where such a confinement is required sheriff is or authorized by law; but the coroner is not liable for an escape of the plaintiff. - prisoner from the jail, after he has been confined therein. A person so confined must be kept and treated, in all respects, like a prisoner confined by the sheriff. tled to jail etc. § 180. A person so arrested by a coroner, is entitled to be discharged, such prisor to the liberties of the jail, as the case requires, upon giving a bond edi or an undertaking to the coroner, in the like manner, and in a like liberties, case, in which a person arrested by a sheriff would be entitled to be so discharged, or to the liberties. The bond or undertaking so given, must be in all respects similar to that required to be given to a sheriff; and it has the like effect, and may be assigned and proceeded upon in like manner. § 181. A coroner is answerable for an escape of a prisoner, admitted Escape of such prisby him to the liberties of the jail, in the same manner and to the same oner. extent, as a sheriff, and may interpose a like defence. 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. 183. Powers of former sheriff; when to cease. 184. Jails, process, etc., to be delivered to new sheriff. 185. Former sheriff to execute instrument. 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 foregoing provisions. nished to § 182. Where a new sheriff has been elected or appointed, and has Certificate qualified and given the security required by law, the clerk of the county to be fur must furnish to the new sheriff a certificate, under his hand and official new sheriff. seal, stating that the person so appointed or elected, has so qualified and given security. former $183. Upon the commencement of the new sheriff's term of office, Powers of and the service of the certificate on the former sheriff, the latter's powers her; 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: when to cease. Jails, process, delivered to new sheriff. 1. The jail, or if there are two or more, the jails of the county, with etc., to be al 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 docuents, authorizing, or relating to the confinement or custody of a priszer, or, if such a process, order, or commitment has been returned, a tatement in writing of the contents thereof, and when and where it as returned. TITLE 4. Former sheriff to 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 execute in an instrument, reciting the property, documents, and prisoners strument. 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. Former sheriff to execute certain process ders to be to and re § 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. Certain or- § 187. Where a person, arrested by virtue of an order of arrest, is delivered confined, either in jail, or to the liberties thereof, at the time of assignturned by ing and delivering the jail to the new sheriff, the order, if it is not then new she 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. Delivery of prisoners, process, enforced. § 188. If the former sheriff neglects or refuses to deliver to his sucthe jail, or any of the property, documents or prisoners in his cessor, etc., how 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. Under sheriff, + § 189. If, at the time when a new sheriff qualifies, and gives the etc., when security required by law, the office of the former sheriff is executed to comply by his under-sheriff, or by a coroner of the county, or a person specially going pro- authorized for that purpose, he must comply with the provisions of this title, and perform the duties thereby required of the former sheriff. with fore visions. 32 TITLE 1. CHAPTER III. CIVIL JURISDICTION OF THE PRINCIPAL TITLE I.-THE COURT OF APPEALS. TITLE II.—THE SUPREME COURT, INCLUDING THE CIRCUIT 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 SECTION 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 proceed court of $190. The court of appeals has exclusive jurisdiction to review, Cases in upon appeal, every actual determination, made at a general term, by which the supreme court, or by either of the superior city courts, in either of appeals 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. acr has jurisdiction. TITLE 1. Exceptions 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, involving the merits, and necessarily affecting the order appealed from. § 191. But the jurisdiction, conferred by the last section, is subject and qualif to the following limitations, exceptions, and conditions: cations. Appeals from cer tain orviers, 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. 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 justices' 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 afterwards 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 granting or refusing a new trial, except in an action or special proceeding affecting 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 included, in determining the amount in controversy. $192. An appeal from an order, under subdivision second of the last section but one, except an order which in effect determines the action how heart, and prevents a final judgment, or discontinues the action, or grants or refuses a new trial upon a case or exceptions, may be noticed for hearing on a motion day, and heard as a motion. Court may make rules, $198. The court may from time to time make, alter, and amend, |