6. Under the last clause of subdivision thirteenth thereof, the certificate of the chief engineer of the fire department of the city or 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

§ 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 serv ing 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.(*)

ing.

251

JUSTICE'S
MANUAL.

Applica

tion of this

article, as

[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

respects of New-York, or the county of Kings.(*)

New-York

and Kings counties.

[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

§ 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 gift, etc. 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 Embrac to attend, as a trial juror, to take gain or profit, contrary to the last therefor. section. forfeits ten im, or ten times the value of that,

JUSTICE'S

MANUAL 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.

Penalty

for juror's non-attendance

in special

ing.

[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 proceed 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.

Sheriff,

etc., to

in special

proceed. ing;

penalty.

[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 keep jury 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.

Notice of imposition of fine.

Special

return of

delin

quency

[Id., § 5.]

§ 1197. Where a fine is imposed, in a case specified in the last two sections, written notice thereof must be served the upon 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

county

court.

the fine was imposed, and of the amount of the fine, accompanied

with proof, by affidavit, of service of the notice specified in the last section, to the next term of the county court of the county, in which the delinquent resides.

[Id., § 7, with an amendment requiring proof of service of the notice.]

PART II.

or remis

fine.

§ 1199. The county clerk must deliver to the district-attorney, Collection a copy of the return and of the affidavit, at the time when he son of delivers to him copies of the minutes of fines, imposed by the county court. The fine must be collected, or it may be remitted or reduced, in the same manner as a fine imposed by the county court, upon a defaulting trial juror.

[Id., § 8.]

255