JUSTICE'S MANUAL statute, organizing the national guard, took effect. Evidence of exemp tion in certain cases. L. 1862, ch. 477. That act (319) repealed various acts, passed in 1854 and subsequently, which provided for exemption from jury duty, after seven years' military service; and the exemption was not expressly restored until L. 1870, ch. 80, §§ 253, 254, when it was made prospective only. Afterwards, by L. 1871, ch. 245, it was made retrospective. The latter statute was repealed by L. 1872, ch. 519, which, however, does not affect the act of 1870. And L. 1849, ch. 307, § 13, in effect provides that seven years' military service in a uniformed company, etc., exempts from jury duty. That act has not been expressly repealed; and it is doubtful whether it was impliedly repealed, by the act of 1870. The struggle before the legislature, upon this question of military exemption, proceeds from the fact that most of the statutes, relating to the subject, allow an exemption from taxation, as well as from jury duty. Whatever may be thought of the propriety of the former, there is no reasonable ground for refusing the latter. Indeed, the faith of the State was pledged to the persons who are entitled to claim the exemption. Subd. 13 consists of subd. 5 of § 33 of the R. S., extended so as to take in L. 1845, ch. 244; L. 1847, ch. 460, § 130; and L. 1848, ch. 188. The provisions, respecting the evidence of a person's right to exemption under subd. 2, 3, 11, and 12, are incorporated into the next section.] § 1031.* The evidence of the right to exemption, as prescribed in the last section, is as follows: 1. Under subdivision second thereof, the certificate of the superintendent, or other principal officer of the asylum. 2. Under subdivision third thereof, the certificate of the warden, or other principal officer, of the State prison, or the sheriff of the county, as the case requires. 3. Under subdivision eleventh thereof, where the applicant is a non-commissioned officer, musician, or private, in a company or troop of the national guard, the certificate of the commanding officer of the company or troop, accompanied with proof, by affidavit, of the genuineness of the signature thereto. 4. Under the last clause of subdivision eleventh, or under subdivision twelfth thereof, in the discretion of the court, the discharge of the person from military service, if it shows the facts entitling him to exemption. 5. Under the first clause of subdivision thirteenth thereof, where the applicant is under the rank of foreman, the certificate of the foreman, or other chief officer, of the company, to which the applicant belongs, accompanied with proof, by affidavit, of the genuineness of the signature thereto. 6. Under the last clause of subdivision thirteenth thereof, the certificate of the chief engineer of the fire department of the city village, where the service was performed, or of the mayor or president of the city or village. A certificate, specified in this section, must be dated within three months before the time of presenting it, and filed with the clerk of the court, to which it is presented.(*) [Prepared, with some modifications, from the provisions of 2 R. S., 415, Part 3, ch. 7, tit. 4, § 33, subd. 4 (3 R. S., 5th ed., 713; 2 Edm., 432), and the statutes relating to exemptions of militiamen and firemen, etc., cited in the note to the last section.] PART II. § 1032.* The court must discharge a person from serving as a trial When juror, in either of the following cases: 1. Where it satisfactorily appears that he is not qualified. 2. Where it satisfactorily appears that he is exempt, and he claims the benefit of the exemption. Where a person is discharged, for either of the causes specified in this section, the clerk must destroy the ballot, containing his name.(*) [Id., § 33, subd. 1, 2, and 3, and § 34.] juror to be discharged from serving. juror to be excused from serv ing. § 1033. Upon satisfactory proof of the facts, a court, at the term When to which a person is returned as a trial juror, must excuse him from serving during the whole, or a portion of the term, in either of the following cases: 1. Where he is a justice of the peace, or executes any other civil office, the duties of which are, at the time, inconsistent with his attendance as a juror. 2. Where he is a teacher in a school, actually employed and serving as such. 3. Where, for any other reason, the interests of the public, or of the juror, will be materially injured by his attendance; or his own health, or the health of a member of his family, requires his absence; or he is temporarily incapacitated, for any reason, from properly discharging the duties of a juror. Where a person is excused, in either of the cases specified in this section, the ballot, containing his name, must be returned to the box from which it was taken.(") 251 JUSTICE'S Application of this article, as respects New-York and Kings counties. [Id., § 35, amended by omitting subd. 1, and part of subd. 2, which have been transferred to § 1030, ante, and by adding the last clause of subd. 3 of this section. Under the original statute, the recent death of a wife or child is not a legal ground of excuse.] § 1034. Section 1029 of this act applies throughout the State. The remainder of this article does not apply to the city and county of New-York, or the county of Kings.(*) [See title 4 of this chapter.] Two peremp TITLE V. Trial by jury. ARTICLE FIRST. FORMATION OF THE JURY. § 1176. Upon the trial of an issue of fact, joined in a civil action, tory chal in a court of record, or not of record, each party may peremptorily lenges in a civil action. Challenges in penal challenge not more than two of the persons, drawn as jurors for the trial. [L. 1847, ch. 134, § 1 (3 R. S., 5th ed., 719; 4 Edm., 648).] § 1179. In a penal action, in a court of record, or not of record, actions. to recover a sum of money, it is not a good cause of challenge to a trial juror, or to an officer who notified the trial jurors, that the juror or the officer is liable to pay taxes, in a city, town, or county, which may be benefited by the recovery. Discharge of jury [Id., § 58. See, also, 2 R. S., 551 Part 3, ch. 8, tit. 17, § 2 (3 R. S., 5th ed., 865; 2 Edm., 571).] ARTICLE SECOND. THE VERDICT. § 1181. Where a jury is empanelled to try an issue, to make failing to an inquiry, or to assess damages, in an action in a court of record, agree. 252 or not of record, or in a special proceeding before an officer, if the jurors cannot agree, after being kept together, for such a time as is deemed reasonable, by the court before which, or the officer before whom, they were empanelled, the court or officer may discharge them, and issue a precept for a new jury, or order another jury to be drawn, as the case requires; and the same proceedings must be had before the new jury, as if it was the jury first empanelled. [2 R. S., 554, Part 3, ch. 8, title 17, § 26 (3 R. S., 5th ed., 869; 2 Edm., 575).] PART II. TITLE VI. Miscellaneous provisions; including those relating to embracery and other acts of misconduct. § 1192. A juror shall not be questioned, and is not subject to an action, or other liability, civil or criminal, for a verdict rendered by him, in an action in a court of record, or not of record, or in a special proceeding before an officer, except by indictment, for corrupt conduct, in a case prescribed by law. [2 R. S., 421, Part 3, ch. 7, tit. 4, § 69 (3 R. S., 5th ed., 720; 2 Edm., 439).] Jurors not toned for to be ques their verdict. Penalty juror takes gift, etc. § 1193. A person, drawn or notified to attend, as a trial juror, where in an action in a court of record, or not of record, or in a special proceeding before an officer, who takes any thing to render his verdict, or receives, from a party to the action or special proceeding, a gift or gratuity, forfeits ten times the sum, or ten times the value of that, which he took or received, to the party to the action or special proceeding, aggrieved thereby; and is also liable to that party, for his damages sustained thereby; besides being subject to the punishment, prescribed by law. [Id., § 70.] ery: penalty § 1194. An embraceor, who procures a person, drawn or notified Embracto attend, as a trial juror, to take gain or profit, contrary to the last therefor section, forfeits ten times the sum, or ten times the value of that, Special return of which was so taken, to the party aggrieved thereby; and is also liable to that party for his damages sustained thereby; besides being subject to the punishment, prescribed by law. [Id., § 71, amended so as to make its meaning clearer.] § 1195. A person, who has been lawfully and personally notified to attend, as a trial juror, to inquire into a matter or thing, or to hear and try a controversy, in a special proceeding, pending before a judge, justice of the peace, commissioner, or other officer, and who wilfully neglects to attend, as required by the notice, may be fined by the officer, in a sum, not exceeding twenty-five dollars. But this section does not extend to a case, where special provision is made by law, for punishing the default of a trial juror. [2 R. S., 551, Part 3, ch. 8, tit. 17, § 4 (3 R. S., 5th ed., 865; 2 Edm., 572), extended so as to make it applicable to proceedings delunatico inquirendo, etc.] § 1196. A sheriff, constable, or other officer, who notified jurors to attend, in a case specified in the last section, must, when directed by the officer, before whom the special proceeding is pending, attend, and take charge of the jury. For a wilful neglect to obey such a direction, or for any misconduct, while attending the jury, by which a right or remedy of a party to the special proceeding may be impaired or prejudiced, he must be fined, by that officer, in a sum not exceeding twenty-five dollars. [Id., § 5.] § 1197. Where a fine is imposed, in a case specified in the last two sections, written notice thereof must be served upon the person fined, to the end that he may apply to the officer imposing it, for the remission of the whole or a part thereof, upon proof that he had a reasonable excuse for his neglect or misconduct, or that other good cause exists for the remission. [Id., § 6, amended so as to require the notice to be in writing.] § 1198. If, within thirty days after the service of the notice, the fine has not been remitted by the officer imposing it, he must and fine to make a special return of the delinquency or misconduct, for which delin quency county court. |