fied 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. [Am'ù 1895, amendment to take effect January 1, 1896.] From the persons so notified and attending, a jury aust 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, but neither party shall have more than two peremptory challenges.

§ 1068. [Am'd 1884.] 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; and the court may, in its discretion, in any case appoint two such persons to strike such 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 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 erinary 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. an i make a return, as in an ordinary case.

ARTICLE FOURTH.

PENALTIES FOR NON-ATTENDANCE.*

non-attendance.

§ 1072. Fine to be imposed for § 1076. Proceedings upon return of such order. 1077. When proceedings

1073 Order to show cause, when

juror was not person-
ally notified.

1074 Id.; if default was at trial

term.

1075. Duty of clerk and sheriff.

cease.

to

1078. This article not applicable to New York and Kings counties.

§ 1072. A person duly notified, as prescribed in this title, to attend a term of a court of record, as a trial juror, who, without reasonable cause, 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 delinquent was personally notified to attend, the fine may be imposed by the court, at the term which he was required to attend. But where it appears, by the return, that he was notified, by leaving the notice at his residence, the court must cause an order to be entered in its minutes, 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.

$1074. [Am'd 1895, amendment to take effect January 1, 1896] If the order is made at a trial term of the supreme court, it may, in the discretion of the court, direct the delinquent to show cause, on the first day of the next term of the County court of the same county.

§ 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 served, or if the delinquent attends, in obedience thereto, the court must, unless good cause is shown to the contrary, impose the proper 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.

§ 1077. But if it appears, from the return of the sheriff, or from any other evidence, that the juror is dead, or insane, or has permanently 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 York, or to the county of Kings.

See c. 369, L. 1895, creating a commissioner of jurors for each county having a population of three hundred thousand or more, except New York and Kings, also providing for the making up of jury lists and the drawing and service of jurore

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.

11121. Persons required to furnish information; penalty for refusal, etc.

1122. Punishment for bribery of officer, etc., by juror drawn.

1123. Id.; for officer accepting
bribes, etc.

1124. Id.; for concealing offer
to take bribe, etc.
1125. False swearing; when
perjury.

§ 1079. 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.

1839, 1652, Consol. Act.

2 App. Div. 419.

sol. Act.

$1080. A person dwelling or lodging in the city and county of New York, for the greater part of the time, be- ? 1653 Con tween 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.

sol. Act.

§ 1081. Exemptions from jury service. [Am'd 1877, ? 1654. Con1879, 1880, 1889, 1890, 1898, 1899.] 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 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, not following any other calling; a licensed pharmaceutist or pharmacist, while actually engaged in his profession as a means of livelihood; and a duly registered veterinary surgeon actually engaged in his profession as a means of velihood.

3. An attorney or counsellor-at-law, regularly engaged 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, or an editor, editorial writer or reporter of a daily newspaper regularly employed as such and not following any other vocation.

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.

1655, Con sol. Act.

10. Any officer, non-commissioned officer, musician or private actually serving in a brigade, regiment, battalion, company or troop of the Old Guard of the city of New York or of the National Guard of the state, uniformed a d 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 duties 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 twenty-third day of April, eighteen hundred and sixty-two, either as a general or staff officer, or as an officer, non-commissioned officer, musician or private in a uniformed batallion, 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 twenty-third day of April, eighteen hundred and sixty-two, 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 eompany 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.

14. A person holding office under the fire or police department of the city, or otherwise specially exempted by law.

15. [Added 1899, to take effect September 1, 1899]. A duly licensed engineer of steam boilers, actually employed as such.

§ 1082. 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 mouths 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.

2. Under subdivision tenth thereof, where the applicant 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 applicant, 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 com