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$339. In the city of New-York, the number of trial jurors, to be drawn as prescribed in the last section, for any court, shall be eighty-four, and any number in addition that shall have been ordered according to law.

$340. The supreme court, in any district, at a general or special term, may, by an order to be entered in the - minutes of the court, direct a greater nu ber of trial jurors to be drawn, to attend any future circuit court, in any county, within such district. The superior court, and court of common pleas, in the city of New-York, may, in like manner, make a similar order, in respect to a trial jury in any future term of those courts, respectively but the whole additional umber so ordered for any court, shall not exceed eighty-four.

§ 341. At least six days' notice of the drawing, shall be given by such clerk, by publishing the same in a newspaper of the county, if there be any, and if not, by affixing such notice on the outer door of the house, where the court for which such jury is to be drawn, is about to be held. A copy of such notice shall also be served on the sheriff of the county, and on one of the persons authorized to sit as a judge of the court at least three days previous to the time appointed therein for drawing.

§ 342. At the time so appointed, it shall be the duty of the sheriff oft e county, in person, or by his under sheriff,

and of the judge on whom such notice shall have been served, to attend at the clerk's office, to superintend the drawing of the jury. If either of them do not appear, the clerk must adjourn the drawing to the next day, and must, by written notice, require the delinquent sheriff or judge, or any two justices of the peace, or special justices, to attend the drawing at that time.

§ 343. If the officers on whom the notice is served shall then appear, but not otherwise, the clerk shall proceed, in their presence, to draw the jury.

§ 343. ' he clerk shall conduct the drawing as follows: 1. He shall shake the boxes containing the names of jurors returned to 'im, so as to mix the ballots as much as possible:

2. He shall then publicly draw out of the trial jury box as many of the ballots as there shall be trial jurors required by law or specially ordered for such court.

3. A minute of the drawing of each jury shall be kept, in which shall be entered the name contained on every ballot drawn, before any other ballot shall be drawn:

4. If when the whole number of ballots required is drawn, it sha I satisfactorily appear that a person whose name is contained on any ballot is dead, or has become insane, or has permanently removed from the county, that fact shall be contained in the minute of the drawing, and the ballot containing such name shall be destroyed:

5. Another ballot shall then be drawn, in place of that destroyed, and the name contained thereon shall in like manner be entered in the minutes of the drawing:

6. The same proceedings shall be had as often as may be necessary, until the whole number of jurors required shall have been drawn:

7. The minute of the drawing of each jury separately, shall then be signed by the clerk and the attending officers, and shall be filed in the clerk's office.

8. Separate lists of the names of the persons so drawn, with their places of residence and occupations respectively, and specifying for what court they were drawn, shall be made and certified by the clerk and the attending officers, and shall be delivered to the sheriff of the county.

§ 344. The sheriff shall summon the persons named in the lists, to attend the court, at least six days previous to the sitting thereof, by giving personal notice to each, or by leaving a written notice at his place of residence, with some person of suitable age and discretion. He shall return the lists to the court, at the opening thereof, specifying those who were summoned, and the manner in which each person was summoned.

§ 345. It shall be the duty of the county clerk, and of the sheriff, to furnish any person applying therefor, a copy of the list of jurors drawn to attend any court.

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§ 346. The court to which any list of jurors so drawn shall be returned by the sheriff, shall impose a fine, not exceeding twenty-five dollars, for each day that any person duly summoned as a juror, shall, without reasonable cause, neglect to attend. But if it appear by such return, that any person was summoned by leaving a written notice at his place of residence, the court shall suspend such fine, until upon an order to show cause an opportunity is offered him to be heard.

§ 347. The clerk of any court of record, for which a jury shall be drawn, where such clerk is not the county clerk, shall, within one week after the jury shall be discharged, deliver to the clerk of the county a certified list of all the jurors who were returned to such court, and shall specify therein :

1. Those who appeared and served:

2. Those who were discharged on account of their being exempt from serving on juries, or by reason of being unqualified:

3. Those who, for any other reason, were excused from serving.

§348. If at the time of drawing any jury by the clerk as herein provided, there shall not be a sufficient number of ballots remaining in the first box in which they were deposited, after drawing all that may be therein, the clerk shall proceed to draw the necessary number from the second box herein before mentioned, containing the names of those jurors who have before served;

and shall continue to draw from such box, until a new return of jurors be made by the town officers, as herein provided.

§ 349. Any circuit court, or the superior court or court of common pleas, in the city and county of NewYork, may during the continuance of such court, as often as it may be necessary, order a new panel of thirtysix trial jurors to be drawn to attend such court. Upon such order being served on the clerk of the city and county of New-York, he shall proceed to draw the jurors so ordered, and deliver a list of the names drawn, to the sheriff, in the same manner as herein provided in relation to other jurors.

§ 350. The sheriff shall summon such jurors in the manner herein directed respecting the first jury drawn, and shall in like manner return the names of those summoned to the court.

351. Upon the attendance of such new jurors, the former jurors shall be discharged, and all trials and pro. ceedings in such court shall be had before such new jurors, in the same manner as the same might have been had before such former jurors.

§ 352. Special or struck juries shall not, hereafter, be had, except by consent of the parties; nor shall an alien be entitled to a jury of part aliens or strangers.

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