jurors in a court of record, to attend at the time and place, and for the purpose, specified in the notice. Each juror must be notified, as a juror is notified to attend a term of the circuit court. Upon his failure to attend, when duly notified, his attendance may be compelled by attachment, and proceedings may be taken against him, and he may be punished thereupon, by the supreme court, as where a juror duly notified, fails to attend at a circuit court. The sheriff may require the attendance of a talesman, in place of a juror notified and not appearing; or he may adjourn the proceedings, for the purpose of punishing the defaulting juror, or compelling his attendance. Part of id., 269, amended. § 2110. Juror to be sworn. - When a jury has been procured, the sheriff must, before the jurors proceed to the inquiry commanded by the writ, administer to each of them an oath, that he will diligently inquire concerning the matters specified in the writ, and will give a true verdict, according to the best of his judgment, without favor or partiality. § 2111. Jury to make inquisition. - After being sworn as prescribed in the last section, the jury must view all the real property described in the writ, and consider the value thereof. They may, in the discre tion of a majority of them, hear such testimony as may be offered by any person appearing, respecting the value. They must thereupon assess the damages, which the owner or owners of the real property will sustain, by being deprived thereof. When the real property consists of two or more distinct parcels, owned, or claimed be owned, by different persons, the jury must assess rately the value of each distinct parcel, if the writ res them so to do, or if a majority of them think so to do. If they cannot agree, after a reasona e, the sheriff may discharge them, and publish a tice, and procure a new jury. When the jurors reed, they must make an inquisition, stating the paid, by the people of the State, for taking et parcel, or the whole, as the case requires. tion must be signed by each juror, and by the sheriff; and the sheriff must immediately thereafter file the inquisition and the writ, with his return to the writ, in the office of the clerk of the county in which the real property is situated. Id., 8 70. U. S. v. Dumpliu Island, 1 Barb. 29; see Gilbert v. Columbia Turnpike Co., 3 Johns. Cas. 107. 2112. Notice of application to court thereupon.Within three months after the writ, and the return thereto, with the inquisition thereupon, have been filed, as prescribed in the last section, the attorney-general, or district-attorney, having charge of the proceeding, must cause to be published, a notice, directed, generally, to all the owners and persons interested in the real property; describing the property, in general concise terms; stating when and where the writ, return, and inquisition were filed; and requiring the persons notified to show cause, at a special term of the supreme court, to be held at a time and at a place specified in the notice, why the inquisition should not be confirmed; or, if the governor so directs, why the inquisition should not be set aside. The notice must be published, at least once in each week, for three successive weeks, in a newspaper printed in the county, and also in the newspaper printed at Albany, in which legal notices are required to be published. New. At the § 2113. Court may set aside inquisition. time and place specified in the notice, the court must examine into the inquisition, and hear such allegations, and affidavits, or other written proofs, as may be presented in behalf of the people, or any owner, or person interested. If the court then, or at the time and place to which the matter is adjourned, determines that the inquisition is, in any respect, excessive, unjust or other. wise materially defective, it may set aside the whole or any part thereof; and may direct that another writ issue, or another inquisition be taken, to supply the defects. Section 71, R. S., amended. Ex parte Commissioners of Central Park, 61 Barb. 40; s. c., 4 Lans. 467; 41 How. Pr. 12. § 2114. Order on confirming inquisition. If it appears to the court, that the writ has been duly exe cuted, an order must be made, and entered in the office of the clerk of the county, in which the real property to be taken is situated, declaring that the people of the State, upon paying into court the amount of the dam ages assessed by the inquisition, shall be entitled to an absolute estate in the real property described in the writ, and in the appurtenances belonging thereto. Id., 72, amended; see 2116, post. See Stafford v. Albany, 7 Johns. 541. § 2115. State treasurer to pay damages, etc., to gov. ernor. The State treasurer, on the warrant of the comptroller, must pay to the governor, out of any money in the treasury, appropriated for that purpose, sufficient money to pay the damages assessed, pursuant to the foregoing provisions of this article, and the costs and ex penses of the proceedings. Id., 73, amended; 1 R. S. 170, 177, 1 (1 Edm. 170, 177); see Constitu tion, art. 7, 28. § 2116. Governor to pay damages into court. - Im. mediately after the receipt by the governor, as pre. scribed in the last section, of sufficient money to pay the damages, he must pay it into court; and thereupon the absolute title to the real property so to be taken, vests in the people of the State. See 72, R. S. § 2117. Investment of money so paid. — If an appli cation for the money paid into court is not made, as prescribed in the next section, within sixty days after the payment into court, the general term of the supreme court in that judicial department, may provide, by order, for the investment, under the direction of the court, of the money, and of the interest to arise therefrom, in permanent securities, for the benefit of the vners. Seutu 2118. How obtained by claimant.-A person claim to have been an owner of, or interested in, the rty, when it was so taken, may present to the me court, at a general term thereof, held in the department embracing the county, wherein the is situated, a petition, praying for payment to e whole or any part of the money so paid into court, or of the income remaining uninvested, or both or for the transfer to him of the whole or any part of the securities, in which it has been invested. The court must thereupon take such measures, as it deems proper, to ascertain the rights and interests of the petitioner, and of all other persons, who were owners of or interested in the property, or who are personal representatives, or heirs, of owners or persons so interested, and to cause notice of the application to be given to those persons; and it must cause the money to be paid, or the securities to be transferred, to the several persons entitled thereto, in accordance with the rights and interests thus ascertained. Id., 75 and part of 2 74, amended and consolidated. § 2119. Taking by United States. When the legis lature of the State consents to the taking of any real property within the State, for the use of the people of the United States, a writ of assessment of damages may be issued; and the proceedings thereupon must be in accordance with the provisions of this article; except that the application for the writ must be made, and the subsequent proceedings must be conducted, by the attorney of the United States, for the district embrac ing the county wherein the real property is situated. Id., 76, amended. U. S. v. Dumplin Island, 1 Barb. 24; Flatbush Av., id. 286. ARTICLE SEVENTH. THE WRIT OF CERTIORARI, TO REVIEW THE DETER MINATION OF AN INFERIOR TRIBUNAL. SEO. 2120. Cases where writ may issue. 2121, 2122. Cases where it cannot issue. 2123. When issued from supreme court or superior city court. 2125. Limitation of time for review. 2126. Id.; in case of disability. 2127. Application for writ; where and how made. 2128. When notice necessary; service thereof. 2129. To whom writ directed. 2130. Mode of service. 2131. Stay of proceedings. 2132. When and where writ returnable. 2133. Subsequent proceedings as in an action. 2134. Return; when and how made. 2135. Id.; how compelled; fees for making. 2136. Id.; after term of office expired. 2137. When third person may be brought in. tor, or the person whom he represents, either in law or in fact. New. Elmendorf v. The Mayor, etc., 25 Wend. 693; Nosnell v. Comp troller of N. Y., 9 Week. Dig. 104; People v. Same, 2 Hill, 914; People v. Walter, 4 N. Y. Sup. Ct. (T. & C.) 638; People v. Perry, 16 Hun, 461; see People v. Philips, 67 N. Y. 582; People v. Board of Fire Com'rs, 77 id. 605; see 22 1325, 1343, 1351 and 1359, ante; Matter of Tompkins Square, 17 Abb. 324, note; People v. Hill, 53 N. Y. 547; see People ex rel. Curtis v. City of Utica, 65 Barb. 9. § 2126. Id.; in case of disability.-The court, at a general term thereof, may grant the writ, at any time within twenty months after the expiration of the time limited in the last section, where the relator, or the person whom he represents, was at the time when the determination to be reviewed became final and binding upon him, either 1. Within the age of twenty-one years; or 2. Insane; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life. New. See 2091, ante. § 2127. Application for writ; where and how made. An application for the writ must be made by, or in behalf of, a person aggrieved by the determination to be reviewed; must be founded upon an affidavit, or a verified petition, which may be accompanied by other written proof; and must show a proper case for the issuing of the writ. It can be granted only at a general or special term of the court; and the granting or refusal thereof is discretionary with the court. New. L. 1847, ch. 280, 817 (4 Edm. 561). Gardner v. Com'rs of Warren, 10 How. Pr. 181; People v. McDonald, 2 Hun, 76; People v. Cheritree, 4 N. Y. Sup. Ct. (T. & C.) 289; see & 2147, post; People v. Andrews, 52 N. Y. 445; People v. Hill, 53 id. 547; People v. Board of Fire Com'rs, 77 id. 605; Lawton v. Com'rs of Cambridge, 2 Cai. 179, 182; Bradhurst v. First Great S. W. T. Road Co., 16 Johns. 8, 13; Starr v. Trustees of Rochester, 6 Wend. 564; Caledonian Co. v. Trustees of Hoosick Falls, 7 id. 508; Bank Auburn v. Knapp, 9 id. 433; see People v. Supervisors of Greene, 12 b. 217, 219; People v. Cholwell, 6 Abb. 151. 2128. When notice necessary; service thereof.1 provision is made, in the general rules of prac for requiring, or dispensing with notice of the cation for the writ, the court to which the applica or the writ is made, may, in its discretion, require ense with notice. A notice, when it is necessary, |