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persons stated thereon to reside in the city to which the court appertains. The fact shall be entered in the minute of the drawing, and the grand jury shall be completed from the names of persons residing in that city.
§ 229. At least six days before the court, the sheriff shall summon the persons named in the list delivered to him to attend the court, by giving notice to each of them personally, or by leaving the same at his place of residence with some person of suitable age and discretion.
$ 230. The sheriff shall also return the list to the court, at its opening, specifying the persons summoned, and the manner in which each was notified.
§ 231. The court to which the list of grand jurors is returned by the sheriff, may impose a fine not exceeding twenty-five dollars for each day a grand juror shall, without reasonable cause, neglect to attend.
§ 232. If, however, the notice to attend were not persona'ly served, the fine shall not he imposed, until upon an order to show cause, an apportunity is afforded him to be heard.
$ 233. The court may discharge or excuse a person from serving as a grand juror, in the same cases in which a trial juror may be discharged or excused.
§ 234. At any time after the drawing of the grand jury, the county clerk or sheriff shall, without charge, furnish any person applying therefor, a copy of the list thereof.
$ 235. After the adjournment of the court, the clerk shall deposite the ballots containing the names of those who attended and served as grand jurors, in the box of drawn grand jurors; and the ballots containing the names of those not appearing and serving, shall, unless destroyed, as provided in section 237, be returned to the grand jury box.
$ 236. When a person drawn as a grand juror has attended and performed his duty during the year for which his name was returned, he cannot again be required to serve as a grand juror during that year, except as provided in section 239.
§ 237. When a person drawn as a grand juror is discharged by the court, on account of any disqualification, or for a cause not of a temporary nature, the ballot containing his name shall be destroyed.
§ 238. When a person is drawn both as a grand and trial juror for the same court, his name shall be omitted from the list of trial jurors, and another name drawn in its place; but after the completion of the drawing of trial jurors, his name shall be returned into the box containing the undrawn names of the trial jurors.
§ 239. If a new list of grand jurors be not returned to the county clerk before the list for the year is exhausted, he shall draw the grand jurors from the box of drawn grand jurors, 'notwithstanding the year has expired or will expire before the end of the term of the court for which they shall be drawn.
§ 240. The persons so drawn shall be summoned, and shall serve and be subject to the same penalties for neglect, as if the year had not expired.
§ 241. If at least sixteen rersons, qualified to serve as grand jurors, and who have been summoned, do not appear, or if the number of grand jurors attending be reduced below sixteen, the court may order the sheriff of the county to summon a sufficient number, (specifying it,) to complete the grand jury.
§ 242. In the city and county of New-York, the names of persons so required to complete the grand jury, shall be drawn by the county clerk in the presence of the sheriff or under sheriff, and of one or more members of the court from the grand jury box of uzdrawn ballots in the manner provided in section 227.
§ 243. In any other county, the names of the persons required to complete the grand jury may, in the disere tion of the court, be drawn as provided in the last section, or may be publicly designated by the court from the by-standers, or the body of the county.
§ 244. The sheriff shall accordingly in the manner prescribed in sections 229 and 230, forth with summon
the persons whose names are drawn or designated as provided in the last two sections, who shall attend and serve as if they had been originally summoned as grand jurors, and subject to the same penalties, unless excusod or discharged by the court.
§ 245. If an offence be committed during the sitting of the court, after the discharge of a' grand jnry, the court may in its discretion, direct an order to be entered, that the sheriff summon another grand jury.
§ 246. The names of the persons to be summoned, if in the city and county of New-York, shall be drawn as prescribed in section 227. If in any other county, they may be drawn or designated, as prescribed in section 243.
§ 247. The sheriff shall accordingly, in the manner prescribed in sections 229 and 230, forth with summon the persons whose names are so drawn or designated, who shall attend and serve as if they had been origi. nally summoned as grand jurors, and subject to the same penalties, unless excused or discharged by the court.
§ 248. No more than twenty-three, nor less than sixteen persons can be sworn on a grand jury; nor can a grand jury proceed to any business, unless sixteen members at least are present.
§ 249. When more than twenty-three persons summoned as grand jurors attend to serve, the clerk shall prepare separate ballots containing their names, which shall be folded each in the same manner as near as possible, and so that the name shall not be visible, and shall deposit them in a box. He shall then openly draw out of the box twenty-three ballots, and the persons whose names are drawn shall constitute the grand jury. The names remaining in the box, as well as those drawn, must be returned to the box of drawn grand jurors.
§ 250. A person held to answer to a charge for a public offence may challenge the panel of the grand jury, or any individual grand juror.
$ 251. A challenge to the panel may be interposed, for one or more of the following causes only:
1. That the requisite number of ballots was not drawn from the grand jury box of the county as prescribed by section 220.
2. That notice of the drawing of the grand jury was not given, as prescribed by sections 222 and 223.
3. That the drawing was not had in the presence of the officers designated in sections 222 to 226 both inclusive, and
4. That the drawing was not had, at least fourteen days before the court.
$ 252. A challenge to an individual grand juror may be interposed, for one or more of the following causes only:
1. That he is a minor:
2. That he is an alien: 3. That he is insane: