consequence of a surrender in exoneration of his bail before judgment the sheriff is answerable to the extent of the damages sustained by the plaintiff. 2. If the prisoner was in custody by virtue of any other mandate or in consequence of a surrender in exoneration of his bail after judgment, the sheriff is answerable for the debt, damages, or sum of money, for which the prisoner was committed. § 159. A sheriff or other officer. who demands or receives a reward, gratuity, or other valuable thing, to procure, assist, connive at, or permit an escape of his prisoner in his custody, is guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a forfeiture of his office, and disqualifies him forever thereafter from holding the same. ARTICLE FIFTH. ACTION UPON AN ASSIGNMENT OF A BOND FOR JAIL LIBERTIES. § 160. Defence in action by sheriff on undertaking. 166. Action on forfeited recogniz 161. Judgment against sheriff to be, 167. evidence against sureties, etc. 162. Summary judgment for sheriff. 163. Requisites of applications there for. 164. Such judgment ance. Id.; damages recoverable. Such action bars action against sheriff. 168. 169. Defence in action on forfeited when stayed. 170. Same; when vacated. recognizance. Stay of proceedings in action against sheriff. Defence of sheriff in action for escape. § 160. [am'd 1886.] In an action brought on an undertaking for the jail liberties, it is a defence that the prisoner voluntarily returned to the liberties of the jail from which he escaped or was recaptured by, or surrendered to the sheriff from whose custody he escaped before the commencement of the action. The defendants may make that or any other defence to the action, which might be made by the sheriff to an action against him for the escape. § 161. But if judgment has been rendered against the sheriff, in an action brought for the escape, and due notice of the pendency of the action was given to the prisoner and his sureties, to enable them to defend the same, the judgment against the sheriff is conclusive evidence of his right to recover against the prisoner and his sureties, to whom the notice was given, as to any matter which was or might have been controverted, in the action against the sheriff. §162. [am'd 1886.] In an action brought by a sheriff on an undertaking for the jail liberties, if it appears to the court, upon a motion made in behalf of the sheriff, that judgment has been rendered against him for the escape of the prisoner, and that due notice of the pendency of the action against him was given to the prisoner and his sureties to enable them to defend the same, the court must order a summary judgment for the plaintiff; and the judgment must be entered accordingly, with costs. § 163. But to entitle a sheriff to move for such a judgment, he must have served a copy of his complaint, and given twenty days' notice of the motion. § 164. If it appears, on the hearing of the motion, that the defendants have a meritorious defence, which was not controverted in the action against the sheriff, and which by law could not have been so controverted, the court may stay proceedings on the judgment, with such limitations and upon such terms, as it deems just, until a trial in the action but the judgment must stand as a security for the sheriff. If the defence is established the court must vacate the judgment, and render judgment for the defendant. § 165. [am'd 1886.] In an action brought by a sheriff on an undertaking for the jail liberties, a judgment against him for the escape of the prisoner is evidence of the damages sustained by him, as if it had been collected; and he may recover his reasonable attorney's and counsel fees and other expenses in defending the action against him, as part of his damages. § 166. [am'd 1886.] If an undertaking for the jail liberties is forfeited before the same is duly allowed, the party at whose instance the prisoner was confined, or in case of his death, his executor or administrator, may elect to bring an action on the undertaking. §167. [am'd 1886,] The person so electing may maintain an action on the undertaking in a case where an action might be maintained by the sheriff, and he may recover the same damages for the breach of the condition which he might have recovered in an action against the sheriff for the escape. § 168. [am'd 1886.] The commencement of such an action shall be deemed an election and is a bar to an action by or on behalf of such person against the sheriff or other officer accepting such an undertaking, for an escape by the prisoner executing the undertaking, amounting to a breach of the condition thereof, unless the escape was with the assent of the sheriff or other officer. § 169. [am'd 1886.] In an action brought as provided in the three last sections, the defendant may make any defense which he might make if the action was brought by the sheriff. § 170. [am'd 1886.] If the person so entitled to bring an action on the undertaking for the jail liberties, in lieu of making such election brings an action against the sheriff for the escape, the court may, except where the escape was made with sheriff's assent, stay proceedings upon a judgment recovered against the sheriff, with such limitations and upon such terms as it deems just, until he has had a reasonable time to prosecute the undertaking and collect a judgment recovered thereon. §171. In an action against a sheriff or other officer, for the escape of a prisoner, it is a defence, that the escape was without the assent of the defendant, and that at the commencement of the action, he had the prisoner within the liberties, either by his voluntary return, or by recapture. § 172. In an action or special proceeding, to which the sheriff of county is a party, a coroner of the same county has all the power, and is subject to all the duties of a sheriff, in a cause to which the sheriff is not a party; except as otherwise specially prescribed by law. §173. A mandate in a civil action or special proceeding which must or may be executed by the coroners, or by a coroner of a county, must be directed either to a particular coroner, or generally to the coroners of that county. Where such a mandate is directed generally to the coroners of a county, or requires them to do any act, it may be executed, and a return thereto may be made and signed, by one of them: but such an act or return does not affect the others. § 174. [am'd 1886.] Where a mandate requiring the arrest of the sheriff of the county, is directed to a coroner, he must execute the same in the manner prescribed by law, with respect to the execution of a similar mandate by a sheriff, and he is authorized to take an undertaking on the arrest, or an undertaking for the jail liberties in a like case, and in like manner, and with like effect, as where such an undertaking may be taken by a sheriff. § 175. Where the actual confinement of a sheriff by a coroner, on a mandate, is required or authorized by law, he must be confined by the coroner, in a house situated within the liberties of the jail of the county, other than the sheriff's house, or the jail, in the same manner as a sheriff is required by law to confine a prisoner in the jail § 176. That house thereupon becomes the jail of the county, for the use of the coroner; and each provision of law relating to the jail or to an escape from the jail, applies thereto, while the sheriff is confined therein. § 177. [am'd 1886.] A sheriff so arrested must be admitted to the liberties of the jail of the county, in a like case, and upon executing a like undertaking to the coroner, as prescribed by law for a prisoner in the sheriff's custody. For an escape of the sheriff from the liberties, the coroner is liable, in the same manner and to the same extent as a sheriff for a similar escape, and he may make the same defense as a sheriff. § 178. [am'd 1886.] The coroner may prosecute an undertaking for the liberties taken by him, and is entitled to all the rights and subject to all the liabilities prescribed by law, with respect to a similar undertaking taken by a sheriff. The undertaking may be assigned by him to the party at whose instance the sheriff was arrested, and the same proceedings may be had thereupon as upon an undertaking taken and assigned by a sheriff in a similar case. § 179. A person arrested by a coroner, in an action or special proceeding, in which the sheriff of the county is plaintiff, must be confined in the jail of the county, in a case where such a confinement is required or authorized by law; but the coroner is not liable for an escape of the 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. § 180. [am'd 1886.] A person so arrested by a coroner is entitled to be discharged, or to the liberties of the jail, as the case requires, upon giving an undertaking to the coroner in the like manner, and in a like case, in which a person arrested by a sheriff would be entitled to be discharged, or to the liberties. The 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 by him to the liberties of the jail, in the same manner and to the same extent, as a sheriff, and may interpose a like defense. TITLE IV. Powers, duties and liabilities of an incoming and outgoing sheriff, respectively, touching the matters included in this chapter. $182. Certificate to be furnished to § 184. Jails, process, etc., to be deliv ered to new sheriff, new sheriff. 183. Powers of former sheriff; when to cease. 185. Former sheriff to execute in strument. § 186. Former sheriff to execute certain process. 187. Certain orders to be delivered to and returned by new sheriff. etc, how enforced. § 189. Under-sheriff, etc., when to comply with the foregoing provisions. 188. Delivery of prisoners, process, § 182. When a new sheriff has been elected or appointed, and has qualified and given the security requlred 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 IV. THE MARINE COURT OF THE CITY OF NEW YORK. 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. § 190. Cases in which court of appeals 191. Exceptions and qualifications. 193. Court may make rules. 194. Remittitur; when judgment ab solute 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 build- 198. § 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, involving 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 |