§ 1078. This article not applicable to New-York and Kings counties. This article does not apply to the city and county of New-York, or to the county of Kings. 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. SEC. 109. Qualifications of trial jurors. 1980. Who deemed a resident. 101. Persons exempt from service. 10×2. 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. 1087. Juror applying to court to be excused must produce notice, 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. 1993. Expenses of commissioner's office; how paid. 1094. List 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; supplemental 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. SEO. 1103. Mode of drawing; minute; lists. 1104. Id.; where term consists of two or more parts. 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 re mit fine. 1110. Juror may also be arrested and compelled to serve. 1111. Jurors for district courts; how selected; punishment for nonattendance; 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. 1118. Commissioner to receive fines, etc. His account; how ren dered 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. 1122. Punishment for bribery of officer, etc., by juror drawn. 1124. Id.; for concealing offer to take bribe, etc. § 1079. Qualifications of trial jurors. In order to be qualified to serve, as a trial juror, in a court 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. From L. 1870, ch. 539, 22 4 and 5, and subd. 1 of 6, am'd. 1080. Who deemed a resident. A person dwelling or lodging in the city and county of New-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. L. 1870, ch. 539, part of 4. See, also, L. 1847, ch. 495, § 1. $1081. [Amended, 1877.] Persons exempt from service. Either of the following persons, although qualified, is entitled, to an exemption from service, as a trial juror, upon his claiming an 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. [Amended, 1880.] A practicing physician, surgeon, or surgeon dentist, having patients requiring his daily professional attention, and not following any other calling; and a licensed pharmaceutist or pharmacist while actually engaged in his profession as a means of livelihood. 3. [Amended, 1879.] 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. 10. An officer, non-commissioned officer, musician, or private, actually serving in a brigade, regiment, battalion, company, or troop, of the national guard of the State, uniformed and equipped, according to law, and faithfully performing his duty, by making the parades, and attending the drills, inspections, and reviews, required by law; or a general or staff-officer, actually performing duty as such; or a person who has been honorably discharged from the national guard, after five years' service in either capacity. 11. A person who has been honorably discharged from the military forces of the State, after seven years' faithful service therein. But in order to entitle a person to exemption, under this subdivision, his service must have been performed before the 23d day of April, 1862, either as a general or staff-officer, or as an officer, non-commissioned officer, musician, or private, in a uniformed battalion, company, or troop, of the militia of the State, and armed, uniformed, and equipped, according to law; or a portion thereof, during that period and in that capacity, and the remainder, since the 23d day of April, 1862, as a member of the national guard of the State. 12. A person who, after faithfully performing the duties of a fireman, in a fire company or fire department, duly organized according to the laws of the State, for five successive years, has been honorably discharged therefrom. 13. A person who is physically incapable of performing jury duty, by reason of severe sickness, deafness, or other physical disorder.(1) 14. A person holding office under the fire or police department of the city; or otherwise specially exempted by law.(2) From L. 1870, ch. 539, 6. as am'd by L. 1872, ch. 535. Subd. 3 was am'd in 1877. (1) From L. 1870, ch. 539, 8. (2) See L. 1873, ch. 335, 22 53 and 77. § 1082. Evidence of right to exemption in certain cases. - The evidence of the right to exemption, as prescribed in the last section, is as follows: 1. Under subdivision tenth thereof, where the applicant is a member of a company or troop, the certificate of the captain, or other commanding officer thereof, dated within three months of the time of presenting it. Or the commissioner of jurors may, in his discretion, receive the certified list, specified in the next section, as sufficient evidence thereof. Where the applicant is a regimental officer, or a staff officer, the evidence of the right to exemption is the certificate of the major-general, or other officer, commanding the first division. F 2. Under subdivision tenth thereof, where the appli cant has been discharged, or under subdivision eleventh or twelfth, the certificate of discharge; and, where it does not show all the facts, the affidavit of the appli cant, or of another person, acquainted with the facts. 3. Under subdivision thirteenth thereof, the certificate of a reliable physician, or the affidavit of the applicant, or both; or any other evidence satisfactory to the commissioner. 4. Under any other subdivision thereof, an affidavit of the applicant, or an affidavit, satisfactory to the commissioner, of another person in his behalf, stating the facts, entitling the applicant to exemption. Each certificate, specified in this section, must be accompanied with satisfactory proof, by affidavit, of the genuineness of the signature thereto; and each affidavit and certificate must be filed with the commissioner of jurors, and must be kept open by him, at all reasonable times, to public inspection. L. 1870, ch. 539, subds. 7 and 8, with amendments. §1083. Military officers required to certify to commissioner persons performing full military duty. - The captain, or other commanding officer, of each company or troop, in the first division of the national guard, must deliver to the commissioner of jurors, on or before the first day of July in each year, and at any other time when he may require it, a list, certified by him, containing the full name and residence of each member and offi cer of his company or troop, who is uniformed and equipped, and faithfully performs his duty, as prescribed in subdivision tenth of the last section but one. Νο other name shall be inserted in the list. The list must be filed in the commissioner's office. The major general, or other officer, commanding that division, must, when necessary, issue orders to carry this section into effect. He must also furnish to the commissioner of jurors, when so required, a list, certified by him, containing the name and residence of each officer or other member of that division, not comprised in the lists of the companies and troops. An officer, who neglects or refuses to perform the duty, specified in this section; or who includes, in a list certified by him, the name of a person who is not described in this section; or who gives a |