sufficient intensity to cause death, and the application of such current must be continued until such convict is dead. This section is not unconstitutional. People, ex rel. Kemmler, v. Durston, 119 N. Y. 569; People v. Kemmler, id. 586. § 506. Death penalty; where inflicted. The punishment of death must be inflicted within the walls of the state prison designated in the warrant, or within the yard or inclosure adjoining thereto. § 507. Death penalty; who to be present. It is the duty of the agent and warden to be present at the execntion, and to invite the presence, by at least three days' previous notice, of a justice of the supreme court, the district attorney, and the sheriff of the county where the conviction was had, together with two physicians and twelve reputable citizens of full age, to be selected by said agent and warden. Such agent and warden must, at the request of the criminal, permit such ministers of the gospel, priests or clergymen of any religious denomination, not exceeding two, to be present at the execution; and in addition to the persons designated above, he shall also appoint seven assistants or deputy sheriffs who shall attend the execution. He shall permit no other person to be present at such execution except those designated in this section. Immediately after the execution a post-mortem examination of the body of the convict shall be made by the physicians present at the execution, and their report in writing stating the nature of the examination, so made by them, shall be annexed to the certificate hereinafter mentioned and filed therewith. After such post-inortem examination, the body, unless claimed by some relative or relatives of the person so executed, shall be interred in the graveyard or cemetery attached to the prison, with a sufficient quantity of quick-lime to consume such body without delay; and no religious or other services shall be held over the remains after such execution, except within the walls of the prison where said execution. took place, and only in the presence of the officers of said prison, the person conducting said services and the immediate family and relatives of said deceased prisoner. Any person who shall violate or omit to comply with any provision of this section shall be guilty of a misdemeanor. § 508. Death penalty; certificate after execution.— The agent and warden attending the execution must prepare and sign a certificate, setting forth the time and place thereof, and that the convict was then and there executed, in conformity to the sentence of the court and the provisions of this Code, and must procure such certificate to be signed by all the persons present and witnessing the execution. He must cause the certificate, together with the certificate of the post-mortem examination mentioned in the preceding section, and annexed thereto, to be filed within ten days after the execution in the office of the clerk of the county in which the conviction was had. § 509. Death penalty; disability of agent and warden to execute warrant.- In case of the disability, from illness or other sufficient cause, of the agent and warden to whom the death warrant is directed, to be present and execute said warrant, it shall be the duty of the principal keeper of said prison, or such officer of said prison as may be designated by the superintendent of state prisons, to execute the said warrant, and to perform all the other duties by this act imposed upon said agent and warden. P CHAPTER II. SECOND OFFENSES, HABITUAL CRIMINALS AND SPECIAL PENAL DISCIPLINE. SECTION 510. When convict may be adjudged an habitual criminal. 511. Judgment accordingly, how entered, etc. 512. Persons so adjudged when liable to arrest and punishment. 513. Persons so adjudged when liable to arrest and punishment; evidence of character on subsequent trial. 514. Persons so adjudged when liable to arrest and punishment; always liable to search, etc. § 510. When convict may be adjudged an habitual criminal.—When a person is hereafter convicted of a felony, who has been, before that conviction, convicted in this state of any other crime, he may be adjudged by the court, in addition to other punishment inflicted upon him, to be an habitual criminal. A person convicted of a misdemeanor, who has been already five times convicted in this state of a misdemeanor may be adjudged by the court in addition to, or instead of, other punishment, to be an habitual criminal. See Penal Code, §§ 690-692. Habitual Criminal Act" is constitutional. People v. § 511. Judgment accordingly, how entered, etc. — The judgment specified in the last section must be entered in a separate book, kept for that purpose. A copy of the entry, duly certified by the clerk of the court, is proof of the judgment, and a copy, so certified, must be forthwith transmitted to the police department of each city, and to the district attorney of each county in the state. 512. Persons so adjudged when liable to arrest and punishment. A person who has been adjudged an habitual criminal is liable to arrest summarily with or without warrant, and to punishment as a disorderly person, when he is found with. out being able to account therefor, to the satisfaction of the court or magistrate, either, 1. In possession of any deadly or dangerous weapon, or of any tool, instrument or material, adapted to, or used by criminals for, the commission of crime; or 2. In any place or situation, under circumstances giving reasonable ground to believe that he is intending or waiting the opportunity to commit some crime. See § 899, subdiv. 9, post. § 513. Persons so adjudged when liable to arrest and punishment; evidence of character on subsequent trial. A person who, having been adjudged an habitual criminal, is charged with a crime committed thereafter, may be described in the complaint, warrant or indictment therefor, as an habitual criminal; and, upon proof that he has been adjudged to be such, the prosecution may introduce, upon the trial or examination, evidence as to his previous character, in the same manner and to the same extent as if he himself had first given evidence of his character and put the same in issue. § 514. Persons so adjudged when liable to arrest and punishment; always liable to search, etc. The person and the premises of every one who has been convicted and adjudged an habitual criminal shall be liable at all times to search and examination by any magistrate, sheriff, constable, or other officer, with or without warrant. TITLE XI. OF APPEALS. CHAPTER 1. Appeals, when allowed, and how taken. III. Argument of the appeal. IV. Judgment upon appeal. CHAPTER I. APPEALS, WHEN ALLOWED, AND HOW TAKEN. SECTION 515. Writs of error and of certiorari abolished; appeal substituted. 516. Parties, how designated on appeal. 517. In what cases appeal may be taken by defendant. 518. In what cases by the people. 519. In what cases generally. 520. Appeal, a matter of right. 521. Must be taken within one year. 522-525. Appeal, how taken. 526. Appeal by the people, not to stay or affect the judgment until reversed. 527. Stay of proceedings, on appeal to supreme court from judgment of conviction. 528. Stay, upon appeal to court of appeals from judgment of supreme court, affirming judgment of conviction. 529. Certificate of stay not to be granted, but on notice to district attorney. 530, 531. Effect of the stay. 532. Transmitting the papers to the appellate court. § 515. Writs of error and of certiorari abolished; appeal substituted.- Writs of error and of certiorari, in crimi nal actions, and proceedings and special proceedings of a criminal nature, as they have heretofore existed, are abolished; and here after the only mode of reviewing a judgment or order in a criminal action, or special proceeding of a criminal nature, is by appeal. See People v. Dempsey, 56 How. Pr. 378; People v. Vitan, 20 Abb. N. C. 298; Killoran v. Barton, 26 Hun, 648; People v. Carney, 29 id. 47; 1 N. Y. Cr. Rep. 270; People v. Dempsey, 31 Hun, 526; 2 N. Y. Cr. Rep. 117; People v. Havens, 3 id. 287; 21 Week. Dig. 364; People v. Palmer, 109 N. Y. 419; People, ex rel., v. Walsh, 33 Hun, 346; 67 How. Pr. 484; 2 N. Y. Cr. Rep. 326; People, ex rel., v. Kelly, id. 430; 32 Hun, 538; 97 N. Y. 212; McKeon v. People, 1 N. Y. Cr. Rep. 456; 16 Week. Dig. 347; People, ex rel., v. Superintendent, 9 State Rep. 608; 45 Hun, 55; People, ex rel., v. Walsh, 5 N. Y. Cr. Rep. 527; Tillotson v. Smith, 12 State Rep. 331. 516. Parties, how designated on appeal.- The party appealing is known as the appellant, and the adverse party as the respondent. But the title of the action is not changed in consequence of the appeal. § 517. In what cases appeal may be taken by defendant. An appeal to the supreme court may be taken by the defendant from the judgment on a conviction after indictment, except that when the judgment is of death, the appeal must be taken direct to the court of appeals, 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 four hundred and eighty-five, may be reviewed. See People v. Palmer, 109 N. Y. 419; People v. Petrea, 30 Hun, 98, 102; People v. Mangano, 29 id. 263; Ostrander v. People, id. 519; People v. Beckwith, 42 id. 368; 5 N. Y. Cr. Rep. 234; People v. Osterhout, 34 Hun, 262; 3 N. Y. Cr. Rep. 146; People v. McQuade, 110 N. Y. 284; 21 Abb. N. C. 448; People v. Lyons, 17 State Rep. 768; People v. Bork, 1 N. Y. Cr. Rep. 393; People v. Petmecky, 2 id. 458; People v. Havens, 3 id. 287; People v. Hovey, 30 Hun, 354, 357; Shufflin v. People, 4 id. 16; People v. Schad, 58 Hun, 572. § 518. In what cases by the people. 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 judgment. An appeal may be taken by the people upon a judgment for the defendant on a demurrer to the indictment. People v. Callahan, 29 Hun, 581. No appeal can be taken by the people from an order in a criminal case setting aside and discharging the grand jury as to a defendant and as to him |