render such judgment as the court below should have rendered, or may, according to the justice of the case, affirm or reverse the judgment, in whole or in part, as to all or any of the defendants, if there be more than one, or order a new trial. On affirmance, the court must direct the execution of the judgment, and on reversal, it must direct the defendant to be discharged. If a new trial be ordered, it must be had in the court of sessions, as upon an indictment, and that court may, in like manner, proceed to judgment and execution, or take any other proceedings necessary to carry the judgment on appeal into effect.

If the judgment on the appeal be against the defendant, he may appeal to the supreme court, whose judgment is final, and is to be carried into effect in the same manner as if the appeal had been taken from a judgment upon an indictment.

By this system, the defendant has, as in civil cases, (according to the practice as established by the code of civil procedure,) two appeals; the same rule being applied as in respect to civil cases, that no appeal to the court of appeals can be had in a case originating before a court held by a justice. This was a portion of the original plan of the Commissioners, as presented in their first report, p. 21, 22, and sanctioned by the legislature in the adoption of the original as well as of the amended code, but which it remained for the provisions. of this title to render perfect and complete.

§ 819. A judgment upon conviction, rendered by a police court, may be reviewed by the court of sessions of the county, upon an appeal, as prescribed by this title, and not otherwise.

§ 820. An appeal cannot be allowed, for any other cause than the erroneous decision of the court, in the course of the proceedings before it, or in the determination of the cause: and it can in no case be allowed, upon the grouud that the verdict was against evidence, when the action was tried by a jury.

§ 821. For the purpose of appealing, the defendant, or some one on his behalf, must, within ten days after the judgment, make an affidavit, stating the facts showing the alleged errors in the proceedings or conviction. complained of, and must, within that time, present it to the county judge or a judge of the supreme court, or in the city and county of New-York, to the recorder or city judge of that city, and may apply thereon for the allowance of the appeal.

§ 822. If, in the opinion of the judge, it is proper that the question arising on the appeal should be decided by the court of sessions, he must endorse on the affidavit an allowance of the appeal to that court.

§ 823. Upon allowing the appeal, the judge may take from the defendant, a written undertaking, with such sureties as he may approve, that the defendant will abide the judgment of the court of sessions upon the appeal; and may thereupon order that he be discharged from imprisonment, on service of the order upon the officer having him in custody, or if he be not in custody, that all proceedings on the judgment be stayed.

§ 824. The undertaking upon the appeal, must be immediately filed with the clerk of the court of sessions.

§ 825. The affidavit and the allowance of the appeal must be delivered to the magistrate who tried the case, or, if in the city and county of New-York, to the

clerk of the police court, within five days after the allowance of the appeal; and when so delivered, the appeal is deemed taken.

§ 826. The magistrate or court rendering the judgment, must make a return to all the matters stated in the affidavit, and must cause the affidavit and return to be filed in the office of the clerk of the court of sessions, within ten days after the service of the affidavit and allowance of the appeal.

§ 827. If the return be not made within the time prescribed in the last section, the court of sessions or the presiding judge thereof, may order that a return be made within a specified time which may be deemed reasonable; and the court may, by attachment, compel a compliance with the order.

§ 828. If the return be defective, a further or amended return may be ordered, and the order may be enforced in the manner provided in the last section.

§ 829. When the return is made, the appeal may be brought to argument by the defendant, on any day in term, upon a notice of not less than five days before the term, to the district attorney of the county.

§ 830. If the defendant omit to bring the appeal to argument, as provided in the last section, the court must dismiss it, unless it continue the same, by special order, for cause shown.

831. The defendant must serve upon the district attorney, a copy of the return, with or before the notice of argument. If he fail to do so, the appeal must be dismissed, upon proof of the failure, unless the court otherwise direct.

§ 832. If the appeal be brought to hearing by the defendant, it must be argued, though no one appear to oppose; but if brought on by the district attorney, he may take judgment of affirmance, unless the defendant appear to argue the appeal.

§ 833. The appeal must be heard upon the original return; and no copy thereof need be furnished for the use of the court.

§ 834. After hearing the appeal, the court must give judgment, without regard to technical errors or defects, which have not prejudiced the substantial rights of the defendant; and may render the judgment which the court below should have rendered, or may, according to the justice of the case, affirm or reverse the judgment, in whole or in part, as to all or any of the defendants, if there be more than one, or may order a new trial.

§835. When judgment is given upon the appeal, it must be entered upon the minutes.

§ 836. If the judgment be affirmed, the court must direct its execution, and if the defendant have been

discharged on bail, after the commencement of the execution of a judgment of imprisonment, as provided in section 823, must commit him to the proper custody for the remainder of his term of imprisonment.

§ 837. If the judgment be reversed, and the defendant be imprisoned in pursuance of the judgment of the police court, the court of sessions must order him to be discharged.

§ 838. If a new trial be ordered, it must be had in the court of sessions, in the same manner as upon an issue of fact on an indictment; and that court may proceed to judgment and execution, as in an action. prosecuted by indictment.

§ 839. If any proceedings be necessary to carry the judgment upon the appeal into effect, they must be had in the court of sessions.

§ 840. If the judgment on the appeal be against the defendant, he may appeal therefrom to the supreme court, in the same manner as from a judgment in an action prosecuted by indictment, and may be admitted to bail upon the appeal, in like manner.

§ 841. The judgment of the supreme court upon the appeal, is final.

§ 842. The same proceedings mnst be had, to carry into effect the judgment of the supreme court upon the appeal, as if it had been taken upon a judgment in an action prosecuted by indictment.