ner as the other ballots therein specified, for the residue of the jury year. ART. 2. ed, and debox. § 1139. The commissioner must prepare ballots, by writing the names, Ballots to be prepar contained in the list, a transcript of which was filed in the office of the county clerk, with the proper additions of each person, on separate posited in pieces of paper, which must be uniform, as nearly as may be, in appearance. Ou the second Monday of August in each year, he must deposit the ballots, in the box kept by him for that purpose, and must place his seal upon the box; whereupon all jury ballots, previously in use, must be destroyed. The box must be constructed with an aperture, large enough only to conveniently admit the hand of the person, by whom the ballots are to be drawn; and the aperture must be provided with a cover, so arranged as to be conveniently sealed, when closed. tend draw. rors to be § 1140. The commissioner must seasonably notify the justices of the what of supreme court, residing in the county, the judges of the city court of cers to atBrooklyn, the county judge, and the justices of sessions of the county, ing; how to attend, at his cffice, on a day designated by him, not less than four- many ju teen nor more than twenty days, before the day appointed for holding drawn. a term of a court of record in the county, at which issues of fact are triable by jury, in order to witness and assist in the drawing of trial jurors, for that term. The number of trial jurors, to be drawn for each term, may be fixed by the judge who is to preside at or hold the term, by an order under his hand, delivered to the commissioner. If the number has not been so fixed, at the time of the drawing, one hundred and thirty-two trial jurors must be drawn for the term. ings pre ing. § 1141. If two or more of the judges, specified in the last section, Proceedattend with or without one or more justices of sessions, the commis-mary to sioner must break the seal of the box containing the ballots, open it, the drawand exhibit the ballots for their inspection; together with his original and each supplemental list of trial jurors, and also the verified transcripts thereof, filed in the county clerk's office. The ballots, containing the names of trial jurors, excused from service for the whole or a portion of a previous term of a court of record in the county, which have not already been replaced in the box, to be redrawn, must then be replaced therein; and the judges attending the drawing, must take care, when the seal is broken, that they are so replaced. If a supplemental list has been made, and a transcript filed since the last drawing, ballots, containing the names appearing therein must, at the same time, be placed in the box. The judges and the commissioner, or a majority of them, must appoint one of the attending officers to draw the ballots from the box, and another to checkmark the drawing as it proceeds, upon a copy of the lists, transcripts of which have been filed with the county clerk. ducted. § 1142. The commissioner must then shake the box containing the Drawing; ballots, so as thoroughly to mix them. The person, appointed for that how conpurpose, must then, without seeing the name contained in any ballot, publicly draw one ballot from the box, and read aloud the contents thereof. If the drawing is for trial jurors, to serve in the city court of Brooklyn, and the person drawn does not reside in that city, the ballot must be returned to the box; but if he resides in that city, or if the drawing is for trial jurors, to serve in another court, the person appointed to checkmark the drawing, must place, opposite the name of the person drawn, upon the copy of the lists, the figure one. The TITLE 4. Certificate to be made, ballot must then be deposited in a second box, provided for that purpose, and constructed like the first box. Another ballot must then be drawn, in like manner, from the first box: and the same process must be repeated, until the requisite number has been drawn; except that each name must be checkmarked in its numerical order. § 1143. When the drawing is completed, the commissioner, and the and boxes' judges by whom it was conducted, must sign a minute, at the end of sealed up. the copy of the lists, upon which the checkmarks have been made, setting forth that the trial jurors, whose names are contained therein, were duly drawn by them, for the court and the term therein specified, in the order denoted by the figures. The judges must then close each box; and place upon the cover thereof, their seals, which must not be broken, except when necessary for a subsequent drawing. Subse § 1144. The proceedings, upon each subsequent drawing, are the drawings; same; but the list, must be checkmarked with numbers, commencing ducted. with the number next in order, after the last number used at the preceding drawing. how con Proceedings when first box § 1145. After all the ballots have been drawn from the first box, and deposited in the second box, the commissioner must make a new list, exhausted. by copying the lists used upon the preceding drawings, omitting the checkmarks. He must then correct it, by properly indicating each person who has been found to be disqualified, exempt, dead, or not resident within the county; and each person, who has been excused, and for what time. Thereafter, when trial jurors are drawn, the ballots must be drawn from the second box; the names must be checkmarked on the corrected list; and the ballots not used must be deposited in the first box; except that where a ballot is drawn, containing the name of a person indicated, on the corrected list, as disqualified, exempt, dead, or non-resident, it must be destroyed; and a ballot, containing the name of a person who has been excused, for a period then unexpired, must be returned to the box from which it was drawn, without checkmarking. Commis sioner to transmit panel to sheriff; sheriff to rors. § 1146. Immediately after each drawing of trial jurors, the commissioner must prepare a panel, verified by his affidavit, containing the names of the jurors drawn, with the proper additions of each, and stating for what court and for what term, they were drawn. He must notify ju transmit the panel to the sheriff of the county, who must keep it on file, in his office, for public inspection. The sheriff must forthwith notify each juror named therein, to attend the term for which he was drawn, by serving upon him a notice to that effect, addressed to him. The notice may be served personally, or by leaving it at the juror's resi dence, or usual place of business, with a person of proper age and discretion. It must specify the days, during which the juror is required to be present; and it may contain copies of such portions of this article, as the sheriff deems proper. Days for which the jurors are fied. Ex cusing ju to be noti rors, and changing § 1147. The thirty-six trial jurors, first drawn for a term, or such other number as the judge, appointed to hold or preside at the term, directs, must be notified to be present, during the first six days of the term; and the thirty-six trial jurors next drawn, cr such other number as the judge directs, must be notified to be present, during the next six days of the term; and a like number during each succeeding six days. tendance. The judge, holding or presiding at the term, may, in his discretion, on the application of a trial juror, excuse him, from the whole or a part of the time of service, required of him. The judge may also change the time of service of a juror to a later day, during the same, or a sub days of their at sequent term of the court. Each juror, whose time of service is changed to a day certain, must attend, at the opening of court on that day, and thereafter until discharged, without further notice. If he fails so to do, he is liable to the same punishment, as if he had been personally notified by the sheriff, to attend the term, and to be present on that day. The clerk of the court must enter in a book, kept for that purpose, the name of each juror, who is so excused, or whose time of service is changed. ART. 3. turn of fled. § 1148. Before the commencement of each term of a court, for which sheriff to trial jurors have been drawn, as prescribed in this article, the sheriff make remust file, with the clerk, the panel, or a copy of the panel, with a jurors noti return, under his hand, indorsed thereupon, or annexed thereto, showing the name and additions of each juror notified, the days during which he was notified to attend, and the manner in which he was notified. at any time How § 1149. At any time during the sitting of a term of a court of record Court may in the county, the court may direct an additional number of trial order a jurors, to be drawn for that term. The order must specify the number new panel. to be drawn, and the time of drawing. The drawing must be con- drawn. ducted as prescribed in sections eleven hundred and forty-one, eleven hundred and forty-two, and eleven hundred and forty-three of this act, except that notice is not required. The sheriff must forthwith notify each juror drawn, by such a notice as the court directs, to attend the term, at the time specified in the order. certain ings § 1150. In a special proceeding, pending before the county judge of Jurors in Kings county, in which a trial jury is necessary, the judge may special empanel a jury, from the trial jurors, who are serving, at the time, in proceed. the court of sessions of the county. In a special proceeding, pending before a judge of the city court of Brooklyn, in which a trial jury is necessary, the judge may empanel a jury, from the trial jurors, who are serving, at the time, in that court. If there are no jurors serving in the court of sessions, or in the city court, as the case may be, the judge may make an order, requiring the commissioner of jurors to draw the number of trial jurors, designated therein; whereupon the commissioner must draw the requisite number, and the sheriff must notify them, as prescribed in this article, for drawing and notifying other trial jurors. tion to § 1151. The board of supervisors of the county must allow to each Compensajudge, including each justice of the supreme court, for the services judges, performed by him, as prescribed in this article, such compensation, as etc., for serthe board deems reasonable and proper. vices under this article. fine juror § 1152. Where a person, duly drawn and notified to attend a term of Court of a court of record, as a trial juror, fails to attend, at the time specified record to in the notice, or from day to day, the court, at that term, must impose for non-atupon him a fine of twenty-five dollars, for each day that he fails so to attend. This section applies to a special juror, as well as to an ordinary trial juror. tendance. also be ar to serve. § 1153. Where a person, duly drawn and notified, fails to attend and Juror may serve, at a term of a court of record, as required by law, without hav- rested, and ing been excused, the court, besides imposing a fine, as prescribed in compelled the last section, may direct the sheriff to arrest him, and bring him before the court; and, when he has been so brought, it may, in its discretion, compel him to serve. § 1154. The commissioner of jurors must cause a notice to be served Commisupon each delinquent trial juror, returned as having been fined, stating notify ju sioner to TITLE 4. rors fined to appear; board for remission and enforcement of fines. Commissioner to collect fines, and to make re the sum in which, and the term at which he was fined, and requiring § 1155. The commissioner of jurors must receive each fine, paid or collected, as prescribed in this article. When ten days have expired, since the final disposition of a case by the board, the commissioner turn of un- must file, in the office of the clerk of the court, a return, containing the precept name of each juror fined, whose fine remains unpaid, and a statement thereupon. of the sum remaining unpaid. The clerk must thereupon issue to the paid fines; commissioner, a precept, under the seal of the court, specifying the name of each person fined, and the amount of his fine remaining unpaid; and commanding the commissioner to levy and enforce collection of each fine, and to return the precept, with his doings thereupon, within ninety days after the receipt thereof. For the purpose of col lecting a fine, the commissioner must levy upon and sell the personal property of a person fined, with like effect, and subject to the same provisions of law, as where a sheriff levies upon and sells personal property, by virtue of an execution, issued upon a judgment of a court of record. § 1156. The commissioner must return the precept, according to its under pre- command, to the clerk of the court issuing it. If he fails so to do, the cept, to be court may enforce the return, by attachment for contempt. When the and en- precept is returned, the clerk must make, in the docket of judgments judgments. kept by him, the same entries, as nearly as may be, with respect to Fines, not collected docketed forced as When lien discharged. each uncollected fine, as if it was a final judgment, rendered in an action. If the fine was imposed at a term of the city court of Brooklyn, the clerk thereof must immediately transmit a transcript of the entries, to the clerk of the county of Kings; who must file it, and make the appropriate entries in his docket of judgments. When the entries have been made, the fine, with interest, becomes a lien upon the real property of the person fined, as if it was recovered by a judgment in the same court; and an execution to collect it may be issued, directed to the sheriff of the county of Kings, as upon a judgment. The commissioner has, in relation to the execution, and the satisfaction of the fine, all the powers of the attorney for a party recovering such a judgment, in relation to the judgment, and the execution issued thereupon. § 1157. The lien, created by such a docket, must be discharged by the county clerk, on filing with him the commissioner's certificate of payment. ART. 1. Commis omitting guilty of § 1158. If the commissioner of jurors, or either of his assistants, or a clerk or other person, employed by him, corruptly and without suffi- sioner, etc., cient cause, omits the name of a person, duly drawn, from a panel of corruptly trial jurors, or the ballot, containing the name of such a person, from name, is either of the boxes prescribed in this article; or, directly or indirectly, y receives a fee, reward, compensation, or advantage, in consideration of, or as an inducement to such an omission; he is guilty of a felony, and shall, on conviction, be punished by imprisonment in a State prison, for a term not less than two, nor more than five years. sioner's a misde false infor ing notice, § 1159. A wilful omission, by the commissioner, of a duty required Commis of him by this article, other than that specified in the last section, is a other wil misdemeanor. ful neglect, § 1160. A person, to whom application is made, within the county meanor. of Kings, by an assessor, or by the commissioner of jurors, or either Giving of his assistants, for information, as to a fact, upon which the liability mation, or of himself, or any other person, to serve as a trial juror, depends, and suppress who refuses to give information relating thereto, which he can give, or a misdeknowingly gives false information relating thereto; or a person who knowingly makes to an assessor, or to the commissioner of jurors, or a person acting by his authority, a false representation as to the identity, residence, or any other matter, relating to a juror, duly drawn, and placed on a panel to be notified; or who knowingly retains, conceals, suppresses, or wilfully destroys, a notice to attend, left at the residence or place of business of another, who has been drawn as trial juror, is guilty of a misdemeanor." meanor. § 1161. A physician, who knowingly gives a false certificate, or Penalty for makes a false representation, for the purpose of enabling or assisting physician giving false a person, to be discharged, excused, or exempted from service, as a certificate. trial juror in the county of Kings, is guilty of a misdemeanor. report and § 1162. The commissioner of jurors must make a yearly report to the Commis board of supervisors, of all proceedings had before him, or by him, in stone to the discharge of his duties; and he must pay over to the county pay over treasurer, at least once in each three months, all money in his hands, which he has received as commissioner. money. |