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.

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 re ports.

ARTICLE FIRST.

JURISDICTION, AND MODE OF EXERCISING THE SAME GENERAL POWERS; TERMS AND SITTINGS.

SEC. 190. The jurisdiction of the court of appeals in civil actions. 191. Limitations, exceptions and conditions.

192. Court may make rules.

193. Remittitur; when judgment absolute to be rendered, and proceedings thereupon.

194. Second and subsequent appeals.

195. Times and places of holding terms.

196. Court may be held in any building; adjournments.

197. Officers to be appointed by court.

§ 190. [Amended, 1895.] 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 determinations 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.

In effect Jan. 1, 1896. L. 1895, ch. 946.

Co. Proc. § 11, am'd. Paddock v. Springfield, 12 N. Y. 591; Tompkins v. Hyatt, 19 id. 534; Morris v. Merrange, 39 id. 172; Platt v. Platt, 13 Alb. L. J. 100; De Barante v. Deyermand, 41 N. Y. 355; Leland v. Hathorne, 9 Abb. N. S. 97; s. c., 42 N. Y. 547; Gregory v. Cryder, 10 Abb. N. S. 289; Townsend v. Hendricks, 40 How. 143; Yates v. North, 44 N. Y. 274; Kain v. Delano, 11 Abb, N. S. 29; Bush v. Treadwell, id. 27.

§ 191. [Amended, 1895.] 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.

In effect Jan. 1, 1896. L. 1895, ch. 946.

Co. Proc., part of § 11; L. 1871, ch. 282, § 8; L. 1874, ch. 322 (9 Edm. 895); Arnold v. Robertson, 50 N. Y. 683; Cobb v. Hatfield, 46 id. 533; Heinrich v. Kom, 47 N. Y. 658; Jackson v. Purchase, 1 Hilt. 357; s. c., 14 How. 230; Palmer v. Moeller, 9 Abb. 20; Drucker v. Patterson, 2 Hilt. 135; Clapp v. Graves, id. 243; Younghanse v. Fingar, 47 N. Y. 99; Smith v. White, 23 id. 572; Flora v. Carbean, 38 N. Y. 111; Wait v. Van Allen, 22 id. 319; Hoffenberth v. Muller, 12 Abb. N. S. 222; s. c., 6 Trans. App. 231; King v. Galvin, 62 N. Y. 238; Ryan v. Waule, 63 id. 57; Roosevelt v. Linkert, 15 Alb. L. J. 46; People v. Horton, 64 N. Y. 58; Butterfield v. Rudde, 58 id. 489; Sprague v. Western Union Co., 64 id. 658; Produce Bank v. Morton, i Abb. New Cases, 174.

§ 192. [Repealed Jan. 1, 1896. L. 1895, ch. 946.]

course of the laws of the United States, in the same manner as if he was committed by virtue of a mandate in a civil action, issued from a court of the State. The sheriff may receive, to his own use, the money payable by the United States for the use of the jail.

2 B. S. 443,96 (3 R. S., 5th ed., 743; 2 Edm. 462).

§ 134. Sheriff answerable for their custody.- A sheriff or jailor, to whose jail a prisoner is committed, as prescribed in the last section, is answerable for his safe keeping, in the courts of the United States, according to the laws thereof.

Id., 97.

ARTICLE THIRD.

TEMPORARY JAILS, AND TEMPORARY REMOVAL OF PRISONERS FROM JAIL.

8c. 135. When jail becomes unfit, etc., another to be designated. 136. Designation, how annulled.

137. Copy of designation to be served on the sheriff, etc.

138. Prisoners already upon jail liberties.

139. Jail liberties to prisoner, who becomes entitled thereto, before removal.

140. Id.; to prisoners removed.

141. When designation to be revoked, etc.

142. Copy of revocation to be served on sheriff; sheriff's duty thereon.

143. Removal of prisoners in case of fire.

144. What officer to act in case of absence, etc.

§ 135. [Amended, 1895.] When jail becomes unfit, etc., another to be designated. - If there is no jail in a county; or the jail becomes unfit or unsafe for the confinement of some or all of the prisoners; or is destroyed by fire, or otherwise; or if a pestilential disease breaks out in the jail, or in the vicinity of the jail, and the physician to the jail certifies that it is likely to endanger the health of any or all of the prisoners in the jail; the county judge, or, in the city and county of New-York, the presiding justice of the appellate division of the supreme court of the first department must, by an instrument in writing, filed with the clerk of the county, designate another suitable place within the county, or the jail of a contiguous county, for the confinement of some or all of the prisoners, as the case requires. The place so designated thereupon becomes, to all intents and purposes, except as otherwise prescribed in this article, the jail of the county for which it has been so designated, and the pur

poses expressed in the instrument designating the

same.

In effect Jan. 1, 1896. L. 1895, ch. 946. 2 R. S. 428, 430; §§ 14, 26 and 27 (3 R. S., 5th ed., 726; 2 Edm. 447, 449), consolidated, with amendments.

§ 136. Designation, how annulled. The designa tion may be modified or revoked, by the judge making the same, by a like instrument in writing, filed with the clerk of the county.

Id., 15, am'd.

$137. Copy of designation to be served on the sheriff, etc. — The county clerk must serve a copy of the designation, duly certified by him, under his official seal, on the sheriff and keeper of the jail of a contiguous county so designated. The sheriff of that county must, upon the delivery of the sheriff of the county for which the designation is made, receive into his jail, and there safely keep, all persons who may be lawfully confined therein, pursuant to this article; and he is responsible for their safe keeping, as if he was the sheriff of the county for which the designation is made.

Id., 16 and 17, consolidated, and am'd.

§ 138. Prisoners already upon jail liberties. — If a prisoner has been admitted to the liberties of the jail of the county, for which the designation is made, he must, notwithstanding, remain within those liberties; but he may be removed by the sheriff, to whom he has given bond for the liberties, to the jail or other place so desig nated, and confined therein, in a case where the sheriff might confine him in the jail of his own county.

Id., 18.

§ 139. Jail liberties to prisoner, who becomes entitled thereto, before removal. If a person, who is arrested, before or after the designation, by the sheriff of the county for which the designation is made, becomes entitled, after the designation, and before his removal, to the liberties of the jail, he must be admit ted to the liberties of the jail of that county, as if the designation had not been made; but he may be removed by the sheriff to the jail, or other place, so designated, and confined therein, in a case where the sheriff might confine him in the jail of his own county.

Id., 19, am'd.