$ 1093. [Amended, 1889.] Expenses of commissioner's office; how paid.-Suitable and proper rooms and accommodations for the commissioner of jurors shall be provided by the city of New-York. The commissioners of the sinking fund of said city, in case no such provision is made in any building owned by or under the control of the city, shall authorize the leasing of suitable rooms and accommodations in said city for such purpose, for a period not exceeding five years, upon such terms and conditions as said commissioners, or a majority of them, may determine to be reasonable and just. In effect Oct. 1, 1889. $ 1094. Lists of jurors to be prepared, etc.; commissioner to decide as to exemptions. -The commissioner must commence the preparation of lists of trial jurors, in the month of May, in each year. For that purpose, the names of the persons, liable to serve as trial jurors, must be entered in suitable books, alphabetically, with the occupation, place of business, and residence of each, as far as those particulars can be conveniently ascertained. After the first day of June, he must publish a notice, for at least ten days, in not less than six of the newspapers published in the city, that claims for exemption will be heard by him. He may insert in, or append to the notice, copies of such portions of the statutes, relating to jurors, as he deems expedient. must hear and determine all claims for exemption, and must keep a record of the persons exempted, and of the period of time for which the exemption of each is allowed. Id., parts of 227 and 9. He 1095. Persons may be required to testify as to juror's liability to serve. Penalty for disobedience. The commissioner may cause to be personally served, on any person, within the city, a notice, requiring him attend, at the commissioner's office, at a specified ne, not less than twenty-four hours after service of he notice, for the purpose of testifying concerning his wn liability, or the liability of any other person, to erve as a juror. A person so notified must attend, and estify accordingly. If he fails to attend, as specified n the notice, for any cause, except physical inability; r if he refuses to be sworn, or to answer any legal and ertinent question, put to him by the commissioner; he orfeits fifty dollars for each failure or refusal. One or more successive notices may be served upon the same erson, where he fails to attend, as required by a forher notice; and he is liable to the same penalty, for ach failure so to attend. But the commissioner may, his discretion, dispense with the personal attendance f a person so notified, where another person, cognizant f the facts, is produced and testifies in his stead; and here a person has so attended twice, he cannot be reired to attend again, in the same jury year. L. 1870, ch. 539, part of 9, am'd. 1096. Commissioner to return lists to county clerk orrection of lists. On or before the first day of Octoer, in each year, the commissioner must return to the erk of the city and county of New-York, to be filed in s office, certified copies of the lists, prepared by him, the persons, liable to serve as trial jurors in the urts of record, for the ensuing jury year. He may, from me to time thereafter, strike from the lists kept by m, the name of a person, who is found by him to be tempt or disqualified. In that case, he must record e reason why the name is stricken off. ▲ 1847, ch. 495, parts of 3, remodelled. 1097. Old ballots to be destroyed and new ballots posited; supplemental lists; new ballots therefor. When the certified copies of the lists have been reirned, as prescribed in the last section, the ballots for ial jurors, used in the previous year, must be returned, 7 the county clerk, to the commissioner, who must deroy those which are not required for the current jury ar. The ballots for the current jury year must be epared by the commissioner, who may use, for that rpose, so many of the ballots, prepared for the preous year, as he deems expedient. The ballots, so prered, must be delivered by the commissioner to the unty clerk, and deposited by the county clerk, or his deputy, in a box, as prescribed in article second of title third of this chapter. The commissioner may, from time to time thereafter, return certified copies of additional lists, containing the names of persons, liable to serve as trial jurors, which were omitted from the former lists, and the names of qualified jurors that have been returned to the commissioner during the current year, as having been fined, discharged or excused, and bailots, containing those names, must be prepared in like manner, and used for the residue of the jury year. In effect Oct. 1, 1889. § 1098. Number of jurors to be drawn for each term of court of record. The number of trial jurors, to be drawn for each term, and each separate part of a term, of a court of record in the city, at which issues of fact. are triable by jury, must be fixed by a general order of the court, or, if it is not so fixed for a term, or a separate part of a term, by a written order of the judge, appointed to hold the same. The order, or a certified copy thereof, must be filed in the office of the county clerk. If the number has not been fixed, in either mode, at the time of the drawing, one hundred trial jurors must be drawn for each term, or for each part, if the term consists of two or more separate parts. Substitute for L. 1847, ch. 495, 9.0 basic $1099. When jurors to be drawn; what officers to attend drawing.. On a day, designated by the county clerk, not less than fourteen,(1) nor more than twenty days, before the day appointed for holding, in the city, m of a court of record, at which issues of fact are e by jury, the commissioner of jurors, in person, an assistant designated by him; the sheriff of the chy and county of New-York, in person, or by his under sheriff; and one or more judges of courts of record, residing in the city, must attend, at the office of the county clerk, to witness and assist in the drawing of trial jurors for the term.jest sild at boditoas New in form. (1) Crane v. Dygert, 4 Wend. 675. hea 1100. Notice of drawing. At least six days before drawing, the county clerk must publish notice of, in at least three newspapers, published in the He must also cause written notice thereof to be. upon the sheriff, the commissioner of jurors, and three judges of one or more courts of record, re in the city oft vd bettengeb bas. § 1101. Proceedings if officers do not appear. If at east one judge of a court of record, residing in the city, nd also the commissioner of jurors, and the sheriff, in erson, or represented, as prescribed in the last section ut one, do not attend, the clerk, or, in his absence, the eputy-clerk, must adjourn the drawing to the next ay. Thereupon the clerk must forthwith cause to be rved,upon the absent commissioner or sheriff, and upon least three judges of one or more courts of record, siding in the city, written notice, to attend the drawg upon the adjourned day. See the note to the next section. New in form. § 1102. When jury to be drawn on adjourned daythe officers, specified in section 1099 of this act, atnd upon the adjourned day, but not otherwise, the erk, or, in his absence, the deputy-clerk, must proceed their presence, to draw the jurors. New in form. § 1103. Mode of drawing; minute; lists.-The draw g must be conducted as follows: 1. The county clerk, or his deputy, must shake the x containing the ballots, so as thoroughly to mix em. 2. He must then, without seeing the name contained any ballot, publicly draw out of the box, one ballot; d continue to draw, in like manner, one ballot at a ne, until the requisite number has been drawn. 3. A minute of the drawing must be kept by one of Le attending officers, in which must be entered the me, contained in each ballot drawn, before another llot is drawn. 4. After drawing the requisite number, the minute of e drawing, containing the names of the persons drawn, ith the proper additions of each, and specifying for hat court and for what term they were drawn, must esigned by the clerk or his deputy, and the attending ficers, and filed in the clerk's office. New in form. See 2 B. S. 414, 29. § 1104. Id.; where term consists of two or more arts. If the term consists of two or more separate arts, the trial jurors for each part must be drawn, and a minute of the drawing must be made, signed, and filed, and the subsequent proceedings must be the same, as if it was a distinct term. New in form. 1105. Commissioner may issue notice to jurors drawn. The commissioner may issue, to a trial juror so drawn, a printed notice, informing him that he has been drawn, and will be duly notified by the sheriff, and containing copies of such portions of this article, as the commissioner deems advisable. L. 1870, ch. 539, 14. 1106. [Amended, 1889.] Sheriff to notify jurors and make return.-The clerk must deliver, to the sheriff, a certified copy of the minute, or of each minute, if there are two or more. The sheriff must notify each juror, named therein, to attend the term or part, for which he was drawn, by serving upon him, at least six days before the commencenient thereof, a notice, addressed to him, stating that he has been drawn as a trial juror for, and is required to attend, the term or part, specified in the notice The notice may be served personally, or by leaving it at the juror's residence, or usual place of business, with a person of proper age and discretion. Before the commencement of the term or part, the sheriff must file, with the clerk, the certified copy of the minute, with a return, under his hand, indorsed thereupon, or annexed thereto, naming each person notified, and specifying the manner in which he was notified, and the time and place of the service of such notice. Such return shall be presumptive evidence of the fact of such service. An affidavit of the person by whom such service shall have been made, stating the manner, time and place of such service shall accompany such return. In effect Oct. 1, 1889. -- 1107. Clerk of court to certify as to mode of service. The clerk of each court, for a term of which trial jurors are notified to attend, by the sheriff, must certify to the clerk of the board of aldermen, each case, where less than a majority of the persons, named in a minute of a drawing, are returned as personally served. The board of aldermen are prohibited from allowing or paying any fees or charges to the sheriff, for notifying Any of the persons named in that minute, or for making eturn thereupon. A clerk of a court, who omits to fy the clerk of the board of aldermen, as prescribed is section, is liable to a penalty of one hundred |