execution of the judgment until the determination of such application. When an application for such certificate shall have been made to and denied by the trial judge or a justice of the supreme court or in case of an appeal to the court of appeals, by a judge of that court or a justice of the appellate division of the supreme court, no other application for such certificate shall be made. If an appeal to the appellate division of the supreme court shall not be brought on for argument by the defendant at the next term of the appellate division begun not less than ten days after the granting of such certificate, or if an appeal to the court of appeals shall not be brought on for argument by the defendant when the court of appeals shall have been in actual session for fifteen days after the granting of such certificate, the district attorney on two days' notice to the defendant may apply to the judge or justice who granted the certificate, or to any judge or justice of the court in which the appeal is pending, for an order vacating the certificate; and upon the entry of such an order the judgment shall be executed as though a certificate had never been granted to the defendant.

$530. Effect of the stay. If the certificate, provided in sections 527 and 528, be given, the sheriff must, if the defendant be in his custody, upon being served with a copy of the order, keep the defendant in his custody. without executing the judgment, and detain him to abide the judgment upon the appeal.

§ 531. Same. If, before the granting of the certificate, the execution of the judgment have commenced, the further execution thereof is suspended, and the defendant must be restored by the officer in whose custody he is, to his original custody.

§ 532. Transmitting the papers to the appellate court. Upon the appeal being taken, the clerk, with whom the notice of appeal is filed, must, within ten days thereafter, without charge, transmit a copy of the notice of appeal and of the judgment roll, as follows:

1. If the appeal be to the appellate division of the supreme court, to the clerk of the department where the appeal is to be heard. 2. If it be to the court of appeals, to the clerk of that court.

CHAPTER II.

DISMISSING AN APPEAL, FOR IRREGULARITY.

SECTION 533. For what irregularity, and how, dismissed.

534. Dismissal for want of return.

§ 533. For what irregularity, and how, dismissed. If the appeal be irregular in a substantial particular, but not otherwise, the court may, on any day in term, on motion of the respondent, upon five days' notice, served with copies of the papers on which the motion is founded, order it to be dismissed.

3 R. S. 654, § 9.

§ 534. [am'd 1897.] Dismissal for want of return. The court may also, upon like motion, dismiss the appeal.

1. If the return be not made, as provided in section five hundred and thirty-two, unless for good cause, the time to make such return be enlarged.

2. If the appeal be not brought on for argument by the appellant as promptly after the return has been made as the circumstances of the case will reasonably admit.

540. Number of counsel to be heard; defendant's counsel to close the argument. Upon the argument of the appeal, if the crime be punishable with death, two counsel on each side must be heard if they require it. In any other case, the court may, in its discretion, restrict the argument to one counsel on each side. The counsel for the defendant is entitled to the closing argument.

§ 541. Defendant need not be present. The defendant need not personally appear in the appellate court.

CHAPTER IV.

JUDGMENT UPON APPEAL.

SECTION 542. Court to give judgment, without regard to technical errors, defects or exceptions, not affecting substantial rights.

543. May reverse, affirm or modify the judgment, and order a new

trial.

544. New trial.

545. Defendant to be discharged on reversal of judgment against him, where new trial is not ordered.

546. Judgment to be executed, on affirmance against the defendant. 547. Judgment of appellate court, how entered and remitted.

548. Papers returned, not to be remitted.

549. Jurisdiction of appellate court ceases, after judgment remitted.

§ 542. Court to give judgment, without regard to technical errors, defects or exceptions, not affecting substantial rights. After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.

§ 543. [am'd 1897.] May reverse, affirm or modify the judgment, and order a new trial and on affirmance of capital conviction fix the time for the execution of the sentence. Upon hearing the appeal the appellate court may, in cases where an erroneous judgment has been entered upon a lawful verdict, or finding of fact, correct the judgment to conform to the judgment or finding; in all other cases they must either reverse or affirm the judgment appealed from, and in cases of reversal, may, if necessary or proper, order a new trial. If the judgment of death is affirmed, the court of appeals, by an order under its seal, signed by a majority of the judges, shall fix the week during which the original sentence of death shall be executed, and such order shall be sufficient authority to the agent and warden of any State prison for the execution of the prisoner at the time therein specified, and the agent and warden must execute the judgment accordingly.

544. New trial. When a new trial is ordered, it shall proceed in all respects as if no trial had been had.

545. Defendant to be discharged on reversal of judgment against him, where new trial is not ordered. If a judgment against the defendant be reversed, without ordering a new trial, the

Forfeiture of the undertaking of bail, or of the deposit money.

VIII. Re-commitment of the defendant, after having given bail, deposited money instead of bail.

553. In what cases defendant may be admitted to bail, before convi

554. In what cases he may be admitted to bail, after conviction and upo

550. Admission to bail, defined. When the defendant is held to appear for examination, bail for such appearance may be taken either:

1. By the magistrate who issued the warrant or before whom the same is returnable; or,

2. By any judge of the supreme court.

§ 551. Taking bail, defined.. The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant according to