ART. 1. Commissioner, etc., 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 sufficient cause, omits the name of a person, duly drawn, from a panel of corruptly omitting 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, felony. 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 § 1159. A wilful omission, by the commissioner, of a duty required Commisof him by this article, other than that specified in the last section, is a other wilmisdemeanor. ful neglect, a misde false infor ing notice, § 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 meanor. 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. § 1161. A physician, who knowingly gives a false certificate, or Penalty for makes a false representation, for the purpose of enabling or assisting physical 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 sioner 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. TITLE 5. Clerk to prepare jurors for trial. 1169. Ballots of absentees, etc., to be returned to first, box. 1173. If sheriff is a party, court may appoint a person to act for him. 1175. Jury competent, although containing none of original panel. 1177. No challenge allowed because officer drawing is a party, etc. 1179. Challenges in penal actions. 1180. Challenges how tried. Exceptions to and review of the determination of the court, in reference thereto. § 1163. At the opening of a term of a court of record at which issues ballots of of fact are to be tried by jury, the clerk must cause ballots, uniform, as nearly as may be, in appearance, to be prepared, by writing the name of each person, returned to the term as a trial juror, with his proper additions, on a separate piece of paper. He must roll up or fold each ballot, in the same manner, as nearly as may be, so as to resemble the others, and so that the name is not visible. The ballots must be deposited in a sufficient box, from which they must be drawn, as prescribed in this article. Clerk to draw ballots. Mode of drawing ballots. Persons drawn, etc., to form the jury. Ballots drawn, §1164. When an issue of fact, to be tried by a jury, is brought to trial, the clerk, under the direction of the court, must openly draw, out of the box, as many of the ballots, one after another, as are sufficient to form a jury. § 1165. Before the first ballot is drawn, the box must be closed and well shaken, so as thoroughly to mix the ballots; and the clerk must draw each ballot, without seeing the name written on any of them, through an aperature, made in the lid of the box, large enough only to admit his hand conveniently. § 1166. The first twelve persons who appear, as their names are drawn and called, and are approved as indifferent between the parties, and not discharged or excused, must be sworn; and constitute the jury to try the issue. § 1167. The ballots, containing the names of the jurors so sworn, when to be must be then deposited in another box, and there kept, apart from the in a second other ballots, until that jury is discharged. deposited box. Id.; when to be re § 1168. After that jury is discharged, the ballots containing their names must be again rolled up or folded, as prescribed in section eleven turned to hundred and sixty-three of this act, and returned to the box, from which they were first taken; and the same course must be pursued, as often as an issue is brought to trial by a jury. the first box. Ballots of absentees, returned to first box. § 1169. The ballot, containing the name of a juror, who is absent, etc., to be when his name is drawn or called, or is set aside, or excused from serving on that trial, must be again rolled up or folded, in the same manner as before, and returned to the box, containing the undrawn ballots, as soon as the jury is sworn. New jury may be drawn while first is empanelled. When talesmen § 1170. If an issue is brought to trial by a jury, while a jury is empanelled in another cause, at the same term, and not then discharged, the court may order a jury, for the trial of that issue, to be drawn out of the box containing the ballots then undrawn; but, in any other case, the ballots, containing the names of all the trial jurors, returned at, and attending the term, must be placed together in the same box, before a jury is drawn therefrom. § 1171. If a sufficient number of jurors, duly drawn and notified, do ART. 1. drawn box not attend, or cannot be obtained, to form a trial jury, the court may, to be proin any county except Westchester, direct the sheriff to require the cured, or attendance of such a number of talesmen, from the bystanders, or from Jurors the county at large, qualified to serve as trial jurors, as it deems suffi- from third cient for the purpose. In Westchester county, the court must, and in any other county, except New-York and Kings, it may, in its discretion, instead of directing the sheriff to require talesmen to attend, direct him to draw a sufficient number of ballots from the third box, kept by the county clerk, as prescribed in title third of this chapter, and to notify the persons thus drawn, to attend. If, for any reason, a sufficient number of jurors to try the issue is not obtained, from the persons notified, under an order made as prescribed in this section, the court may make another order, or successive orders, until a sufficient number is obtained; and in making each order, the court may exercise the same discretion, as in making the first order. talesmen to be pro § 1172. In any county, except New-York, Kings, or Westchester, the When court may also direct the sheriff to require the attendance of such a number of qualified talesmen, for the trial of an issue of fact, as it deems cured. sufficient, where, by reason of one or more juries being empanelled, or for any other reason, no ballot remains undrawn; or where, in consequence of jurors being set aside, a juror cannot be obtained, for the trial of that issue, from the list of those returned. court may § 1173. If, in a case specified in the last two sections, the sheriff is a If sheriff is party to the issue, the court must appoint a disinterested person, to act a party in place of the sheriff. For that purpose, the person so appointed pos- appoint a sesses all the powers, and is subject to all the duties and liabilities of person to the sheriff, with respect to the matters specified in those sections. act for him. sheriff and § 1174. The sheriff, or person appointed by the court, must notify the Duty of requisite number of persons to attend, and make return thereof, as pre- sheria scribed in section ten hundred and forty-eight of this act; except that men. each person must be required to attend forthwith. Each person so notified must attend forthwith, and, unless excused by the court or set aside, must serve as a juror upon the trial. For a neglect or refusal so to do, he may be fined, in the same manner as a trial juror, regularly drawn and notified, as prescribed in this chapter; and he is subject to the same exceptions and challenges, as any other trial juror. § 1175. It is not a valid objection to a jury, procured as prescribed in Jury comthe last four sections, that it contains none of the jurors originally petent, alreturned to the term, or is only patially composed of such jurors. though containing none of ori challenges § 1176. Upon the trial of an issue of fact, joined in a civil action, in ginal panel a court of record, or not of record, each party may peremptorily chal- Two perlenge not more than two of the persons, drawn as jurors for the trial. emptory § 1177. It is not a good cause of challenge, to the panel or array of in a civil trial jurors, in an action in a court of record, that the officer who drew them is a party to, or interested in the action, or counsel or attorney lenge alfor, or related to, a party. action. No chal lowed because offi ty, etc. § 1178. It is not a good cause of challenge to the panel or array of cer drawtrial jurors, in an action in a court of record, that they were notified to ing is a parattend by an officer, who is a party to, or interested in, the action, or No chalrelated to a party; unless it is alleged in the challenge, and is estab- lenge allished, that one or more of the jurors drawn were not notified, and that the omission was intentional. lowed be cause offi cer notify. ing is a par ty, etc. § 1179. In a penal action, in a court of record, or not of record, to recover a sum of money, it is not a good cause of challenge to a trial Challenges juror, or to an officer who notified the trial jurors, that the juror or the in penal actions. TITLES. officer is liable to pay taxes, in a city, town, or county, which may be benefited by the recovery. 15 and re view of the tion of the Chienges 1180. An objection to the qualifications of a juror is available only Exceptions upon a challenge. A challenge of a juror, or a challenge to the panel or array of jurors, must be tried and determined by the court only. determina Either party may except to the determination, and it may be reviewed, Court, in upon a question of fact, or a question of law, or both, as where an issue reference of fact presented by the pleadings is tried by the court; except that where one or more exceptions are taken, to the rulings of the court, made after the jury is empanelled, an exception to the determination of a challenge must be heard at the same time; and the case must contain the matters necessary to present it, upon the facts, or the law, or both. thereto. Discharge of Jury failing to agree. Plaintif cannot sub suit after fury ro tires. ARTICLE SECOND. THE VERDICT. SECTION 1181. Discharge of jury failing to agree. 1182. Plaintiff cannot submit to nonsuit after jury retires. 1184. How double, treble, or increased damages, found and awarded. 1187. General or special verdict, when rendered; special finding with general verdict. 1188. Special finding controls general verdict. 1189. Entry of verdict; subsequent proceedings. § 1181. Where a jury is empanelled to try an issue, to make an inquiry, or to assess damages, in an action in a court of record, 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. § 1182. It is not necessary, in an action in a court of record, to call it to non. the plaintiff, when the jurors are about to deliver their verdict; and the plaintiff, in such an action, cannot submit to a nonsuit, after the cause has been committed to the jury, to consider of the verdict. § 1183. In an action to recover a sum of money only, if a verdict is found, either in favor of the plaintiff, or in favor of a defendant, whe has set up a counterclaim for a sum of money, the jury must assess the amount of damages. The jury may also, under the direction of the court, assess the amount of the damages, where the court directs judgment for the plaintiff, on the pleadings. In action damages, How double. Preble, $1184. Where double, treble, or other increased damages, are given le, or by statute, single damages only are to be found by the jury; excep damages, in a case where the statute prescribes a different rule. The sum s found and found must be increased by the court, and judgment rendered accordWhen vor ingly. awanted $1183. Where, upon the trial of an issue by a jury, the case presents to the only questions of law, the judge may direct the jury to render a verpe of diet, subject to the opinion of the court. 994 TITLE 6. § 1186. A general verdict is one, by which the jury pronounces, gen- General erally, upon all or any of the issues, in favor either of the plaintiff, or and special of the defendant. A special verdict is one, by which the jury finds verdict dethe facts only, leaving the court to determine, which party is entitled to judgment thereupon. fined. dict, rendered; $ 1187. In an action to recover a sum of money only, or real prop- General or erty, or a chattel, the jury may render a general or a special verdict, het, when in its discretion. In any other action, except where one or more special specific questions of fact, stated under the direction of the court, are finding tried by a jury, the court may direct the jury to find a special verdict, wal ger upon all or any of the issues. Where the jury finds a general verdict, dict. the court may instruct it to find also specially, upon one or more questions of fact, stated in writing. The special verdict or special finding must be in writing; it must be filed with the clerk, and entered in the minutes. eral §1188. Where a special finding is inconsistent with a general ver- Special dict, the former controls the latter, and the court must render judgment accordingly. finding controls general verdict. subsequent $1189. When the jury renders a verdict, or finds upon one or more Entry of specific questions of fact, stated under the direction of the court, the verdict; clerk must make an entry in his minutes, specifying the time and proceedplace of the trial; the names of the jurors and witnesses; the verdict, ings. or the questions and findings thereupon, as the case requires; and the direction, if any, which the court gives, with respect to the subsequent proceedings. Upon the application of the party in whose favor a general verdict is rendered, the clerk must enter judgment, in conformity to the verdict, unless a different direction is given by the court, or it is otherwise specially prescribed by law. TITLE VI. Miscellaneous provisions, including those relating to embracery, and other acts of misconduct. SECTION 1190. Trials by jury to be as herein provided; juries of part aliens abol ished. 1191. Venire not necessary. 1192. Jurors not to be questioned for their verdict. 1193. Penalty where juror takes gift, etc. 1194. Embracery; penalty therefor. 1195. Penalty for juror's non-attendance in special proceeding. 1198. Special return of delinquency and fine to county court. 8 1190. A trial by a jury, of an issue of fact, joined in a civil action, Trials by in a court of record, must be had, as prescribed in this chapter; except as herein in a case where it is otherwise specially prescribed by law. An alien provided; is not entitled to a jury, composed in part of aliens or strangers, in an part aliens action or special proceeding, civil or criminal. juries of abolished. brought in a court of record, except as specially prescribed by law. § 1191. A venire to procure jurors cannot be issued in a civil action, venire not [15] necessary. |