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Party obtaining order to give eight days' notice.

Mode of striking jury.

order must specify the term, and it may specify a particular day in the term, when the jurors must attend.

2 R. S. 435, § 46, amended; 3 Wait's Pr. 100.

§ 1064. Unless the order specifies, or directs the officer, who is to strike the jury, to fix, a time for the parties to attend, the party obtaining it must give at least eight days' notice of the time, when he 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. 2 R. S. 435, § 47, amended; 3 Wait's Pr. 101.

§ 1065. [Amended, 1877.] At the time appointed, the clerk, or, in his absence, the deputy-clerk, or the commissioner, as the case requires, must attend at 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:

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.

2 R. S. 435, § 48, as amended by Laws of 1876, ch. 69; 3 Wait's Pr. 101.

drawn to

§ 1066. The sheriff must notify the persons whose names are Jurors so contained in the list; and must return the names of those notified, be noti to the term, at which they are required to attend, as prescribed by law for notifying and returning ordinary trial jurors.

§ 1.

2 R. S. 436, § 49. See Laws of 1858, ch. 322, § 36; Laws of 1873, ch. 166,

fled to attend.

formed

other

§ 1067. From the persons so notified and attending, a jury must Jury to be De formed for the trial, and the issue must be tried, as prescribed in as in this chapter with respect to an ordinary jury trial. The court has cases. 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.

2 R. S. 436, § 50, amended; 3 Wait's Pr. 102.

where

commis

jurors ested.

§ 1068. If it appears to the court, to which an application for Provision a special jury is made, that the clerk, or the commissioner of jurors, clerk or as the case may be, is interested in the action; or is related to either sioner of of the parties; or is not indifferent between them; the court must is interappoint 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. 2 R. S. 436, § 51; 3 Wait's Pr. 102.

§ 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.

2 R. S. 436, § 52; 3 Wait's Pr. 102.

Party
for special

applying

jury to pay expenses.

order for

jury to be

to sheriff.

§ 1070. Where an order for a trial by a foreign jury is made, a Copy of certified copy thereof must be delivered to the sheriff of the county, foreign from which it is to be drawn; who must give notice thereof to the delivered 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.

2 R. S. 427. § 10, amended. See 8 Wait's Pr. 102.

obtaining

ury.

§ 1071. The clerk, or, in the county of Kings, the commis- Mode of sioner, to whom the notice is given, must draw the names of twenty- a foreign 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 certi

Fine to be imposed for nonattend

ance.

Order to show

fied 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.

2 R. S. 427, § 11.

ARTICLE FOURTH.

PENALTIES FOR NON-ATTENDANCE.

SEC. 1072. Fine to be imposed for non-attendance.

1073. Order to show cause, when juror was not personally notified.

1074. Id.; if default was at circuit.

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.

§ 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.

2 R. S. 432, § 32, amended; 3 Wait's Pr. 92.

§ 1073. Where it appears, by the return of the sheriff, that the delinquent was personally notified to attend, the fine may be imposed Juror was by the court, at the term which he was required to attend. But

cause, when

not personally notified.

Id.; if default

was at circuit.

Duty of

clerk and sheriff.

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. See 2 R. S. 505, § 16; id. 432, § 32.

§ 1074. If the order is made at a term of a circuit 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.

2 R. S. 506, § 17.

§ 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.

2 R. S. 506, §§ 18 and 19, consolidated, and amended.

ings upon

such

§ 1076. If the sheriff returns the copy of the order as person- Proceedally served, or if the delinquent attends, in obedience thereto, the return of court must, unless good cause is shown to the contrary, impose the order. 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.

2 R. S. 506, § 20.

proceed

cease.

§ 1077. But if it appears, from the return of the sheriff, or from When any other evidence, that the juror is dead, or insane, or has perma- Ings to nently 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.

2 R. S. 506, § 21, amended.

§ 1078. This article does not apply to the city and county of This artiNew-York, or to the county of Kings.

See the special provisions of title 4, post.

cle not applicable to NewYork and Kings counties.

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. 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 perform

ing 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.

Qualifica

tions of trial jurors.

SEC. 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 exemp tions.

1095. Persons may be required to testify as to juror's liability to serve. Pen-
alty 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.

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-attend. ance; 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 rendered 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.

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.

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