TITLE 3. separate box. Jurors to be drawn first box is names of those who did not appear and serve, which have not been destroyed, as prescribed in article first of this title, must be returned to the box from which they were taken. § 1051. If, at the time of drawing trial jurors for a term, there is from that not a sufficient number of ballots remaining in the first box, the clerk, box, when after drawing all the ballots therein, must draw the necessary number exhausted. from the second box, containing the names of those jurors who have before served, as prescribed in the last section; and must continue to draw from that box, until new lists of jurors are transmitted by the town officers. A third jury box to be kept. When old ballots therein to § 1052. The county clerk must keep, in addition to the two boxes specified in the last two sections, a third box, in which he must deposit duplicate ballots, containg the names, with the proper additions, of all persons, selected and returned as trial jurors, who reside in the city or town, where a trial term of a court of record is appointed to be held, pursuant to law. § 1053. The ballots, kept in the third box, must be destroyed by the clerk, and new ballots must be deposited therein by him, at the same be destroy time, and under like circumstances, as prescribed in this article, with new ballots respect to the destruction of the old ballots, and the depositing of new ballots, in the first box. ed, and deposited. Jurors, when to be drawn from third box. How such jurors to be notified. Justice of supreme court, or judge, may § 1054. If a sufficient number of trial jurors, duly drawn and notified, do not attend or cannot be obtained, to form a jury, the court may, in its discretion, direct the sheriff to draw from the third box, in the presence of the court, the names of as many persons, as the court deems sufficient for that purpose. § 1055. The sheriff must forthwith notify each person so drawn, and make a return, as prescribed in title fifth of this chapter, where talesmen are required to attend; and the provisions of that title apply to each person so notified. § 1056. A justice of the supreme court, appointed to hold a term of the circuit court, or to preside at a term of the court of oyer and tercounty miner, may, by an order under his hand, direct that such a number of order jurors, as he deems necessary, not exceeding twenty-four, be drawn for drawing of additional that term, in addition to the thirty-six jurors, to be drawn as prescribed in the foregoing sections of this article. A county judge may, in like manner, direct the drawing of a like additional number of jurors, for a term of the county court, or of the court of sessions, to be held in his county. jurors. Proceedings upon § 1057. An order, made as prescribed in the last section, must be such order. delivered to the clerk of the county, in which the term is to be held, at least twenty days before the day appointed for the commencement thereof; and the clerk must forth with file it. This article applies to the additional jurors, so required to be drawn. For what courts, and jurors may § 1058. At a term of the circuit court, or court of oyer and terminer, by whom, or of the county court, or court of sessions, an order may be made by additional the court, requiring the clerk of the county to draw, and the sheriff to be ordered. notify, any number of trial jurors, specified in the order, which the court deems necessary, to attend that term, or a term thereafter to be held, either by original appointment or by adjournment, at the commencement thereof, or on a particular day, specified in the order. How such additional jurors § 1059. The clerk must thereupon forthwith bring into court, all the boxes, wherein ballots, containing the names of trial jurors are deposdrawn and ited, as prescribed in this article; and must, in the presence of the court, publicly draw from such box or boxes as the court directs, the notified. number of trial jurors specified in the order. The clerk must make and certify two lists of the persons so drawn; and must file one list in his office, and deliver the other to the sheriff. The sheriff must thereupon immediately notify each person so drawn, to attend, as specified in the order. ᎪᎡᎢ, 3. judge, as § 1060. The county judge may, at the time of drawing trial jurors Power of to attend a term of the county court, or court of sessions, make an order, county designating a particular day, during the term, when the jurors must to attend. attend, or two or more particular days, upon each of which a portion jurors. of the jurors must attend. The sheriff must thereupon notify them to attend, as specified in the order. ance of deputy § 1061. The deputy county clerk possesses, in the absence of the Powers of county clerk from his office, or from the sitting of a term of the court, county the powers conferred by this article upon the county clerk. § 1062. This article does not apply to the city and county of New- article. York, or to the county of Kings. clerk, under this This article not applicable to New York and Kings counties. ARTICLE THIRD. MODE OF STRIKING AND PROCURING A SPECIAL JURY, AND OF PROCURING A FOREIGN JURY. SECTION 1063. What courts may order a special jury to be struck. 1064. Party obtaining order to give eight days' notice. 1065. Mode of striking jury. 1066. Jurors so drawn to be notified to attend. 1067. Jury to be formed as in other cases. 1068. Provision where clerk or commissioner of jurors is interested. 1069. Party applying for special jury to pay expenses. 1070. Copy of order for foreign jury to be delivered to sheriff. 1071. Mode of obtaining a foreign jury. courts may jury to be § 1063. Where it appears to the court, that a fair and impartial trial What of an issue of fact, triable by a jury, joined in an action, pending in order a the supreme court, or in a superior city court, cannot be had without a special struck jury, or that the importance or intricacy of the case requires such struck. a jury, the court must make an order, upon notice, directing a special jury to be struck, for the trial of the issue. The order must specify the term, and it may specify a particular day in the term, when the jurors must attend. § 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. Party obtaining or der to give eight days' notice. jury. § 1065. At the time appointed, the clerk, or, in his absence, the Mode of deputy-clerk, or the commissioner, as the case requires, must attend at striking 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: TITLE 3. Jurors so drawn to 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. § 1066. The sheriff must notify the persons whose names are conbe notified tained 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. to attend. Jury to be formed as in other cases. Provision where clerk or commissioner of jurors is interested. Party ap plying for special jury to pay expenses. Copy of order for foreign jury to be delivered to sheriff. Mode of obtaining a foreign jury. § 1067. From the persons so notified and attending, a jury must 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. § 1068. 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. 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 ordinary 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, and make a return, as in an ordinary case. ART. 4. ARTICLE FOURTH. PENALTIES FOR NON-ATTENDANCE. SECTION 1072. Fine to be imposed for non-attendance. 1073. Order to show cause, when juror was not personally notified. 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. imposed tendance. § 1072. A person duly notified, as prescribed in this title, to attend Fine to be a term of a court of record, as a trial juror, who, without reasonable for non-atcause, 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. cause, was not § 1073. Where it appears, by the return of the sheriff, that the delin- order to quent was personally notified to attend, the fine may be imposed by show the court, at the term which he was required to attend. But where it when juror appears, by the return, that he was notified, by leaving the notice at personally his residence, the court must cause an order to be entered in its min- notified. utes, 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. circuit. Duty of clerk and sheriff. § 1074. If the order is made at a term of a circuit court, it may, in Id.; if dethe discretion of the court, direct the delinquent to show cause, on the fault was at 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 Proceedserved, or if the delinquent attends, in obedience thereto, the court ings upon must, unless good cause is shown to the contrary, impose the proper such order. 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. return of cease. § 1077. But if it appears, from the return of the sheriff, or from any When proother evidence, that the juror is dead, or insane, or has permanently ceedings to 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- This article York, or to the county of Kings. not applicable to New York and Kings counties. 199 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. SECTION 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 per- 1084. Jury year; length of jury service required and allowed. 1089. Clerk of court to certify to commissioner as to attendance, excuses, 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 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; supple mental 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-attendance; 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. and settled. |