The clerk must make and must file one list in The sheriff must there number of trial jurors specified in the order. ART. 3. county § 1060. The county judge may, at the time of drawing trial jurors Power of to attend a term of the county court, or court of sessions, make an order, judge, as designating a particular day, during the term, when the jurors must to attend. attend, or two or more particular days, upon each of which a portion jurors. of the jurors must attend. The sheriff must thereupon notify them to attend, as specified in the order. ance of deputy § 1061. The deputy county clerk possesses, in the absence of the Powers of county clerk from his office, or from the sitting of a term of the court, county the powers conferred by this article upon the county clerk. § 1062. This article does not apply to the city and county of New- article. York, or to the county of Kings. clerk, under this This article not applicable to New York and Kings counties. ARTICLE THIRD. MODE OF STRIKING AND PROCURING A SPECIAL JURY, AND OF PROCURING A FOREIGN JURY. SECTION 1063. What courts may order a special jury to be struck. 1064. Party obtaining order to give eight days' notice. 1065. Mode of striking jury. 1066. Jurors so drawn to be notified to attend. 1067. Jury to be formed as in other cases. 1068. Provision where clerk or commissioner of jurors is interested. 1069. Party applying for special jury to pay expenses. 1070. Copy of order for foreign jury to be delivered to sheriff. 1071. Mode of obtaining a foreign jury. courts may jury to be § 1063. Where it appears to the court, that a fair and impartial trial What of an issue of fact, triable by a jury, joined in an action, pending in order a the supreme court, or in a superior city court, cannot be had without a special struck jury, or that the importance or intricacy of the case requires such struck. a jury, the court must make an order, upon notice, directing a special jury to be struck, for the trial of the issue. The order must specify the term, and it may specify a particular day in the term, when the jurors must attend." notice. § 1064. Unless the order specifies, or directs the officer, who is to Party obstrike the jury, to fix, a time for the parties to attend, the party ob- taining or der to give taining it must give at least eight days' notice of the time, when he eight days' will attend, before the clerk of the county in which the action is triable, or, if it is triable in the city and county of New-York, or the county of Kings, before the commissioner of jurors, or, if it is triable in the superior court of Buffalo, before the clerk of that court, for the purpose of having the jury struck. jury. § 1065. At the time appointed, the clerk, or, in his absence, the Mode of deputy-clerk, or the commissioner, as the case requires, must attend at striking his office, with the original lists or books, filed or kept in his office, as required by law, containing the names of the persons who are then liable to serve as trial jurors; and, in the presence of the parties, or their attorneys or counsel, must strike a trial jury, as follows: TITLE 3. Jurors so drawn to be notified to attend. Jury to be formed as in other cases. Provision where clerk or commissioner of jurors is interested. Party ap plying for special jury to pay expenses. Copy of order for foreign jury to be delivered to sheriff. Mode of obtaining jury. 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. If the list, from any ward or town cannot be found, the clerk must make a new list from the ballots then in use for jurors for that ward or town, and must use that list upon striking the jury, in place of the original list. § 1066. The sheriff must notify the persons whose names are contained in the list, and must return the names of those notified, to the term, at which they are required to attend, as prescribed by law for notifying and returning ordinary trial jurors. § 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 a foreign 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. tendance. § 1072. A person duly notified, as prescribed in this title, to attend Fine to o imposed 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. §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 cause, 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. show was not § 1074. If the order is made at a term of a circuit court, it may, in rd.; 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. Duty of clerk and sheriff. return of § 1075. The clerk must immediately deliver two certified copies 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 ings 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. 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 performing full military duty. 1084. Jury year; length of jury service required and allowed. 1085. When court may temporarily excuse juror from attendance. 1086. In other cases, juror to be excused only on showing certain facts. 1087. Juror applying to court to be excused must produce notice, etc. 1088. Service in a court not of record; when an excuse. 1089. Clerk of court to certify to commissioner as to attendance, excuses, fines, etc., of jurors. 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 Qualifica in 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 deemed a 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 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 ser exemption, 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 or counsellor at law regularly engaged in the practice of the law, as a means of livelihood. · 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. |