585. If there be good reason to suppose, that a temale, against whom judgment of death is rendered, is pregnant, the sheriff of the county, with the concurrence of a judge of the court by which the judgment was rendered, may summon a jury of six physicians of the county, to inquire into the supposed pregnancy. Immediate notice thereof shall be given to the district attorney of the county; and the provisions of sections 581 and 582, shall govern the proceedings upon the inquisition.

§ 586. If it be found by the inquisition that such female is not pregnant, the sheriff shall execute the judgment. If it be found that she is pregnant, the sheriff shall suspend the execution of the judgment, and transmit the inquisition to the governor.

§ 587. When the governor is satisfied that such female is no longer pregnant, he may issue his warrant appointing a day for the execution of the judgment.

§ 588. If, for any reason, a judgment of death shall not have been executed, and the same remain in force, the supreme court, at a general term held within the district, on the application of the district attorney of the county where the conviction was had, shall order the defendant to be brought before it; or, if he be at large, a warrant for his apprehension may be issued by that court, or by a judge thereof.

589. Upon the defendant being brought before the court, it shall inquire into the facts, and if no legal rea

son exist against the execution of the judgment, shall måke an order that the sheriff of the proper county execute the judgment at the time specified therein; and the sheriff shall execute the judgment accordingly.

§ 590. The punishment of death shall be inflicted, by hanging the defendant by the neck until he be dead.

§ 591. A judgment of death must be executed within the walls of the prison of the county, or within a yard or enclosure adjoining such prison.

§ 592. The sheriff or under-sheriff of the county must be present at the execution, and must invite the presence, (by at least three days notice,) of the judge, district attorney, clerk and surrogate of the county, together with two physicians, and twelve reputable citizens, to be selected by the sheriff or under-sheriff. And the sheriff or under-sheriff, at the request of the defendant, shall permit any minister of the gospel whom the defendant shall name, and any of his relatives, to attend the execution; and also such peace officers as the sheriff or under-sheriff shall deem proper. But no other persons than those mentioned in this section, shall be present at the execution; nor shall any person under age be allowed to witness the same.

§ 593. The sheriff or under-sheriff, and the judges attending the execution, shall prepare and sign, with their names of office, a certificate, setting forth the time and place of the execution, and that the judgment was exe

cuted upon the defendant, according to the provisions of the last three sections: and shall cause the certificate to be signed by the other public officers, and persons not relatives of the defendant, who witnessed the execution.

§ 594. The sheriff or under-sheriff shall cause the certificate to be filed in the office of the clerk of the county, and a copy thereof to be published in the newspaper printed in the city of Albany, in which legal notices are required to be published, and in one newspaper, if any, printed in the county.

TITLE X.

OF APPEALS.

CHAPTER I. Appeals, when allowed, and how taken.
II. Dismissing an appeal for irregularity.

III. Argument of the appeal.

IV. Judgment upon appeal.

CHAPTER I.

Appeals, when allowed, and how taken.

§ 595. Writs of error and writs of certiorari, in criminal actions, as they have heretofore existed, are abolished; and hereafter, the only mode of reviewing a judgment or order, in a criminal action, shall be that prescribed by this chapter.

§ 596. The party aggrieved, whether that party be the people or the defendant, may appeal, in the cases prescribed in this chapter.

§ 597. The party appealing shall be known as the appellant, and the adverse party as the respondent. But the title of the action shall not be changed, in consequence of the appeal.

§ 598. An appeal to the supreme court may be taken by the defendant, from a judgment on a conviction; and upon the appeal, any actual decision of the court in an intermediate order or proceeding forming a part of the judgment roll, as prescribed by section 570, may be reviewed.

$ 599. An appeal to the supreme court may be taken by the people, in the following cases, and no other: 1. Upon a judgment for the defendant, on a demurrer to the indictment:

2. Upon an order of the court, arresting the judg

ment.

§ 600. An appeal may be taken from the judgment of the supreme court to the court of appeals, in the following cases, and no other:

1. From a judgment affirming a judgment of con

viction:

2. From a judgment affirming or reversing a judgment for the defendant, on a demurrer to the indictment, or an order of the court arresting the judgment.

5 601. An appeal may be taken, as provided in the last three sections, as a matter of right.

§ 602. An appeal must be taken, within one year after the judgment was rendered.

§ 603. An appeal must be taken, by the service of a notice in writing on the clerk with whom the judgment roll is filed, stating that the apellant appeals from the judgment.

§ 604. If the appeal be taken by the defendant, a similar notice must be served on the district attorney of the county in which the original judgment was rendered.

§ 605. If it be taken by the people, a similar notice must be served on the defendant, if he be a resident of the city or county; or if not, on the counsel, if any, who appeared for him on the trial, if he be living within the county. If such service cannot, after due diligence, be made, the appellate court, upon proof thereof, shall make an order for the publication of the notice in such newspaper, and for such time as it may deem proper.

§ 606. At the expiration of the time appointed for the publication, on filing an affidavit of the publication, the appeal shall be deemed perfected.

§ 607. An appeal taken by the people, shall, in no case, stay or affect the operation of a judgment in favor of the defendant, until the judgment is reversed.