TITLE 3. Jurors so drawn to 1. The clerk, deputy-clerk, or commissioner, must select from the lists or books, the names of forty-eight persons, whom he deems most indifferent between the parties, and best qualified to try the issue; and must make and certify a list of those names. 2. The party, on whose application the special jury was directed to be struck, or his attorney or counsel, may then first strike from the list one name; the adverse party or his attorney or counsel may then strike therefrom one name; and so alternately, until each party has stricken out twelve names. 3. If either party fails to attend, at the time and place of striking the jury, or neglects to strike out a name, the clerk, deputy-clerk, or commissioner, must strike for him. 4. The clerk, deputy-clerk, or commissioner, must thereupon make out a list of the names of the twenty-four persons not stricken out, and must certify that it is a correct list of the persons, drawn to serve as jurors, pursuant to the order of the court. He must immediately deliver the list so certified, and a certified copy of the order, to the sheriff of the county. § 1066. The sheriff must notify the persons whose names are conbe notified tained in the list, and must return the names of those notified, to the to attend. term, at which they are required to attend, as prescribed by law for notifying and returning ordinary trial jurors. Jury to be formed as in othér cases. Provision where clerk or commissioner of jurors is interested. Party applying for special jury to pay expenses. Copy of order for foreign jury to be delivered to sheriff. Mode of obtaining a foreign jury. § 1067. From the persons so notified and attending, a jury must be formed for the trial, and the issue must be tried, as prescribed in this chapter with respect to an ordinary jury trial. The court has the same power to excuse or discharge a juror, and to cause additional jurors to be drawn, or talesmen to attend, as upon an ordinary jury trial. But the court may, in its discretion, set aside an additional juror so drawn, or a talesman, upon the objection of either party, without a formal challenge. § 1068. If it appears to the court, to which an application for a special jury is made, that the clerk, or the commissioner of jurors, as the case may be, is interested in the action; or is related to either of the parties; or is not indifferent between them; the court must appoint two disinterested persons to strike the jury. The persons so appointed possess, for the purposes of the action, all the powers conferred, by this article, upon the clerk, or the commissioner of jurors. § 1069. The expense of striking a special jury must be paid by the party applying for it, and shall not be taxed in the costs of the action. § 1070. Where an order for a trial by a foreign jury is made, a certified copy thereof must be delivered to the sheriff of the county, from which it is to be drawn; who must give notice thereof to the clerk of that county, and also, in the city and county of New-York, or the county of Kings, to the commissioner of jurors, at least twenty days before the first day of the term, at which the foreign jury is required to attend. § 1071. The clerk, or, in the county of Kings, the commissioner, to whom the notice is given, must draw the names of twenty-four persons, in the same manner, and in presence of the same officers, as prescribed by law, with respect to ordinary trial jurors; except that notice of the drawing need not be published. A certified list of the names drawn must be delivered to the sheriff, who must notify each person drawn, and make a return, as in an ordinary case. ART. 4. ARTICLE FOURTH. PENALTIES FOR NON-ATTENDANCE. SECTION 1072. Fine to be imposed for non-attendance. 1073. Order to show cause, when juror was not personally notified. 1075. Duty of clerk and sheriff. 1076. Proceedings upon return of such order. 1077. When proceedings to cease. 1078. This article not applicable to New-York and Kings counties. imposed tendance. § 1072. A person duly notified, as prescribed in this title, to attend Fine to be a term of a court of record, as a trial juror, who, without reasonable for non-atcause, neglects to attend, according to the notice, shall be fined a sum, not less than ten dollars nor more than twenty-five dollars, for each day that he so neglects to attend. cause, was not § 1073. Where it appears, by the return of the sheriff, that the delin- Order to quent was personally notified to attend, the fine may be imposed by show the court, at the term which he was required to attend. But where it when juror appears, by the return, that he was notified, by leaving the notice at personally his residence, the court must cause an order to be entered in its min- notified. utes, requiring him to show cause, on the first day of the next term of the court, why a fine should not be imposed upon him. § 1074. If the order is made at a term of a circuit court, it may, in Id.; if dethe discretion of the court, direct the delinquent to show cause, on the fault was at first day of the next term of the county court of the same county. circuit. clerk and sheriff. return of § 1075. The clerk must immediately deliver two certified copies of Duty of the order to the sheriff of the county, who must serve one copy on the delinquent personally, and return the other, with his proceedings thereon, to the term at which the delinquent is required to show cause. § 1076. If the sheriff returns the copy of the order as personally Proceedserved, or if the delinquent attends, in obedience thereto, the court in upon must, unless good cause is shown to the contrary, impose the proper such order. fine; otherwise it must make a further order, requiring the delinquent to show cause at the next term, why the fine should not be imposed. The proceedings under such an order are the same as under the first order. Similar orders must be made, from term to term, and similar proceedings taken, until the delinquent is personally served, or attends in obedience thereto. cease. § 1077. But if it appears, from the return of the sheriff, or from any when proother evidence, that the juror is dead, or insane, or has permanently ceedings to removed from the county; or if a satisfactory excuse is rendered by any person, in his behalf, for his default, the court may, in its discretion, discontinue the proceedings. § 1078. This article does not apply to the city and county of New- This article York, or to the county of Kings. not applicable to New Yor and Kings counties. 203 TITLE 4. TITLE IV. Trial jurors in New-York and Kings counties; mode of selecting them, and of procuring their attendance. ARTICLE 1. Provisions relating to trial jurors in the city and county of New-York. 2. Provisions relating to trial jurors in the county of Kings. ARTICLE FIRST. PROVISIONS RELATING TO TRIAL JURORS IN THE CITY AND COUNTY OF NEW-YORK. SECTION 1079. Qualifications of trial jurors. 1080. Who deemed a resident. 1081. Persons exempt from service. 1082. Evidence of right to exemption in certain cases. 1083. Military officers required to certify to commissioner persons per- 1084. Jury year; length of jury service required and allowed. 1089. Clerk of court to certify to commissioner as to attendance, excuses, 1090. Commissioner of jurors to select trial jurors; his general powers. 1091. Commissioner may appoint assistants, etc.; who may administer oaths. 1092. All public officers required to aid the commissioner. 1093. Expenses of commissioner's office; how paid. 1094. Lists of jurors to be prepared, etc.; commissioner to decide as to exemptions. 1095. Persons may be required to testify as to juror's liability to serve. Penalty for disobedience. 1096. Commissioner to return lists to county clerk; correction of lists. 1097. Old ballots to be destroyed and new ballots deposited; supple mental lists; new ballots therefor. 1098. Number of jurors to be drawn for each term of court of record. 1099. When jurors to be drawn; what officers to attend drawing. 1100. Notice of drawing. 1101. Proceedings if officers do not appear. 1102. When jury to be drawn on adjourned day. 1103. Mode of drawing; minute; lists. 1104. Id.; where term consists of two or more parts. 1105. Commissioner may issue notice to jurors drawn. 1106. Sheriff to notify jurors and make return. 1107. Clerk of court to certify as to mode of service. 1108. Court may order new panel to be drawn during term. 1109. Court of record to fine juror for non-attendance; power to remit fine. 1110. Juror may also be arrested and compelled to serve. 1111. Jurors for district courts; how selected; punishment for non-attendance; clerk's duty; penalty for neglect. 1112. Sheriff's jury; how selected, etc. 1113. Proceedings before commissioner, to remit or enforce jury fines. 1114. Board for enforcement of jury fines; proceedings before it.. 1115. General powers of board. 1116. Commissioner to issue warrant to collect fines; sheriff's powers and duties thereupon. 1117. Uncollected fines to be docketed, and enforced as judgments. and settled. 1119. Corporation attorney to prosecute for penalties; compromise, etc., of action. 1120. Penalty, for physician giving false certificate. 1121. Persons required to furnish information; penalty for refusal, etc. 1123. Id.; for officer accepting bribes, etc. 1124. Id.; for concealing offer to take bribe, etc. ART. 1. § 1079. In order to be qualified to serve, as a trial juror, in a court Qualificain the city and county of New-York, a person must be: 1. A male citizen of the United States, and a resident of that city and county. 2. Not less than twenty-one, nor more than seventy years of age. 3. The owner, in his own right, of real or personal property, of the value of two hundred and fifty dollars; or the husband of a woman who is the owner, in her own right, of real or personal property of that value. 4. In the possession of his natural faculties, and not infirm or decrepit. 5. Free from all legal exceptions; intelligent; of sound mind and good character; and able to read and write the English language understandingly. tions of trial jurors. resident. § 1080. A person dwelling or lodging in the city and county of New- Who York, for the greater part of the time, between the first day of October deemed a and the thirtieth day of June next thereafter, is a resident of that city and county, for that jury year, within the meaning of the last section; and it is not necessary, that he should have been assessed, or should have voted there. exempt § 1081. Either of the following persons, although qualified, is entitled Persons to an exemption from service, as a trial juror, upon his claiming an from serexemption, as prescribed in this article: 1. A clergyman, or a minister of any religion, officiating as such, and not following any other calling. 2. A practicing physician, surgeon, or surgeon dentist, having patients requiring his daily professional attention, and not following any other calling. 3. An attorney and counsellor at law, in actual practice, having causes in court in which he is attorney or counsel for another person, and not following any other calling. 4. A professor or teacher in a college, academy, or public school, not following any other calling. 5. The holder of an office, under the United States, or the State, or the city or county of New-York, whose official duties, at the time, prevent his attendance as a juror. 6. A consul of a foreign nation. 7. A captain, engineer, or other officer, actually employed upon a vessel, making regular trips; or a licensed pilot, actually following that calling. 8. A superintendent, conductor, or engineer, employed by a railroad company, other than a street railroad company; or a telegraph operator, employed by a telegraph company; who is actually doing duty in an office, or along the railroad or telegraph line of the company, by which he is employed. 9. A grand juror, or a sheriff's juror, for the year, selected pursuant to law. vice. TITLE 4. Evidence of right to 10. An officer, non-commissioned officer, musician, or private, actually serving in a brigade, regiment, battalion, company, or troop, of the national guard of the State, uniformed and equipped, according to law, and faithfully performing his duty, by making the parades, and attending the drills, inspections, and reviews, required by law; or a general or staff-officer, actually performing duty as such; or a person who has been honorably discharged from the national guard, after five years' service, in either capacity. 11. A person who has been honorably discharged from the military forces of the State, after seven years' faithful service therein. But in order to entitle a person to exemption, under this subdivision, his service must have been performed before the twenty-third day of April, eighteen hundred and sixty-two, either as a general or staffofficer, or as an officer, non-commissioned officer, musician, or private, in a uniformed battalion, company, or troop, of the militia of the State, and armed, uniformed, and equipped, according to law; or a portion thereof, during that period and in that capacity, and the remainder, since the twenty-third day of April, eighteen hundred and sixty-two, as a member of the national guard of the State. 12. A person who, after faithfully performing the duties of a fireman, in a fire company or fire department, duly organized according to the laws of the State, for five successive years, has been honorably discharged therefrom. 13. A person who is physically incapable of performing jury duty, by reason of severe sickness, deafness, or other physical disorder, 14. A person holding office under the fire or police department of the city; or otherwise specially exempted by law. § 1082. The evidence of the right to exemption, as prescribed in the exemption last section, is as follows: in certain cases. Military officers re 1. Under subdivision tenth thereof, where the applicant is a member of a company or troop, the certificate of the captain, or other commanding officer thereof, dated within three months of the time of presenting it. Or the commissioner of jurors may, in his discretion, receive the certified list, specified in the next section, as sufficient evidence thereof. Where the applicant is a regimental officer, or a staff-officer, the evidence of the right to exemption is the certificate of the major-general, or other officer, commanding the first division. 2. Under subdivision tenth thereof, where the applicant has been discharged, or under subdivision eleventh or twelfth, the certificate of discharge; and, where it does not show all the facts, the affidavit of the applicant, or of another person acquainted with the facts. 3. Under subdivision thirteenth thereof, the certificate of a reliable physician, or the affidavit of the applicant, or both; or any other evidence satisfactory to the commissioner. 4. Under any other subdivision thereof, an affidavit of the applicant, or an affidavit satisfactory to the commissioner, of another person in his behalf, stating the facts, entitling the applicant, to exemption. Each certificate specified in this section, must be accompanied with satisfactory proof, by affidavit, of the genuineness of the signature thereto; and each affidavit and certificate must be filed with the commissioner of jurors, and must be kept open by him, at all reasonable times, to public inspection. § 1083. The captain, or other commanding officer, of each company quired to or troop, in the first division of the national guard, must deliver to the commissioner of jurors, on or before the first day of July in each year, certify to commis |