TITLE III. Application of the foregoing provisions to the proceedings of a coroner. SEC. 172. Duties of coroner when sheriff is a party. 173. Any one of the coroners may act. 174. Arrest of sheriff by coroner. 175. Sheriff; how confined. 176. Place of confinement to be deemed a jail. 177. Sheriff to be admitted to jail liberties; liability of coroner for sheriff's escape. 178. Coroners may prosecute, etc.; undertaking for liberties. 179. Duties of coroner when sheriff is plaintiff. 180. Such prisoner entitled to jail liberties, ete. 181. Escape of such prisoner. 181a. Duties of county treasurer in Erie county. § 172. Duties of coroner when sheriff is a party. In an action or special proceeding, to which the sheriff of a 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. From 2 R. S. 441, Part 3, ch. 7, tit. 6, part of § 84. § 173. Any one of the coroners may ect. 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. From Id., remainder of § 84 and $ 85. § 174. Arrest of sheriff by coroner. 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. From Id., § 86. Am'd by ch. 648 of 1886. § 175. Sheriff; how confined. 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. From Id., § 87. § 176. Place of confinement to be deemed a jail. 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. From Id., 88, 89. § 177. Sheriff to be admitted to jail liberties; liability of coroner for sheriff's escape. 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. From Id., 8 go. Am'd by ch. 648 of 1886. § 178. Coroner may prosecute, etc., undertaking for liberties. 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. From Id., § 91. Am'd by ch. 648 of 1886. § 179. Duties of coroner where sheriff is plaintiff. 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. Such prisoner entitled to jail liberties, etc. 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. From Id., remainder of §§ 93, 94. Am'd by ch. 648 of 1886. § 181. Escape of such prisoner. 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 defence. From Id., § 95. § 181a. Duties of county treasurer in Erie county. In the county of Erie the powers imposed and the duties conferred upon coroners by the provisions of this title shall be exercised and performed by the county treasurer of such county, and such county treasurer shall, in the exercise and performance thereof, be subject to the same liabilities and responsibilities as are prescribed in this title in the case of coroners. Added by ch. 575 of 1902. In effect April 14, 1902. TITLE IV. Powers, duties and liabilities of an incoming and outgoing sheriff, respectively, touching the matters included in this chapter. SEC. 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. 189 Under-sheriff, etc., when to comply with foregoing provisions. § 182. Certificate to be furnished to new sheriff. 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. From 2 R. S. 438, Part 3, ch. 7, tit. 6, § 67. See ch. 523 of 1890 and acts amendatory thereof, regulating office of sheriff in New York county. § 183. Powers of former sheriff; when to cease. 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. From Id., § 68. § 184. Jails, process, etc., to be delivered to new sheriff. 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. From Id., § 69. See § 718. 185. Former sheriff to execute instrument. 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. From Id., § 70. See ch. 523 of 1890 and acts amendatory thereof; regulating office of sheriff in New York county. § 186. Former sheriff to execute certain process. 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. From Id., § 71. See 88 184, 706. § 187. Certain orders to be delivered to and returned by new sheriff. 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 a the return day thereof, with the proceedings of the former sheriff and of the new sheriff thereon. From Id., § 72. § 188. Delivery of prisoners, process, etc., how enforced. 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. From Id., 8 73. § 189. Under-sheriff, etc., when to comply with foregoing provisions. 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 authorized for that purpose, he must comply with the provisions of this title, and perform the duties thereby required of the former sheriff. From Id., § 74. 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 III.-The court of claims. TITLE IV.—The city 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 Sittings. SEC. 190. Cases in which court of appeals has jurisdiction. 191. Limitations, exceptions and conditions. 192. Appeals from certain orders, how heard. [Repealed.] 193. Court may make rules. 194. Remittitur; when judgment absolute 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 building; adjournments. 198. Officers to be appointed by court. § 190. 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 |