ARTICLE THIRD. Mode of striking and procuring a special jury, and of procuring a foreign jury. Sec. 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. § 1063. [Am'd, 1895.] jury to be struck. What courts may order a special Where it appears to the court, that a fair and impartial trial of an issue of fact, triable by a jury, joined in an action, pending in the supreme court, cannot be had without a struck jury, or that the importance or intricacy of the case requires such 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. 2 R. S. 418, § 46 (2 Edm. 435), as am'd by L. 1857, ch. 530, further am'd; L. 1895, ch. 946. § 1064. [Am'd, 1895.] eight days' notice. Party obtaining order to give 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 NewYork, or the county of Kings, before the commissioner of jurors, for the purpose of having the jury struck. L. 1895, ch. 946. § 1065. [Am'd, 1877.] Mode of striking jury. At the time appointed, the clerk, or, in his absence, the deputyclerk, 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 per sons, 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, în place of the original list.. 2 R. S. 418, § 48, as am'd by L. 1876, ch. 69. § 1066. Jurors so drawn to be notified to attend. The sheriff must notify the persons whose names are contained 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. Id., § 49. See L. 1858, ch. 322, § 36, as modified by L. 1873, ch. 166, § 1. § 1067. cases. [Am'd, 1895.] Jury to be formed as in other 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 ob jection of either party, without a formal challenge, but neither party shall have more than two peremptory challenges. L. 1895, ch. 946. § 1068. [Am'd, 1884.] Provision where clerk or commissioner of jurors is interested. If it appears to the court, to which an application for a special jury is made, that the clerk, or the commissioner of jurors. 2 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 and the court may, in its discretion, in any case appoint two such persons to strike such 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. Id., § 51; L. 1884, ch. 460. § 1069. Party applying for special jury to pay expenses 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. Id., § 52. § 1070. Copy of order for foreign jury to be delivered to sheriff. Where an order for a trial by a foreign jury is made, a cert fied 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, a′′ least twenty days before the first day of the term, at which the foreign jury is required to attend. § 1071. Mode of obtaining a foreign jury. 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. 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. 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. Fine to be imposed for non-attendance. 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. 415, § 32 (2 Edm. 432), am'd. § 1073. Order to show cause, when juror was not personally notified. Where it appears, by the return of the sheriff, that the delinquent was personally notified to attend, the fine may be imposed by the court, at the term which he was required to attend. But 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. 2 R. S. 483, § 16 (2 Edm. 505). § 1074. [Am'd, 1895.] Id.; if default was at trial term. If the order is made at a trial term of the supreme 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. L. 1895, ch. 946. § 1075. Duty of clerk and sheriff. 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. Id., §§ 18 and 19, consolidated, with amendments. § 1076. Proceedings upon return of such order. If the sheriff returns the copy of the order as personally served, or if the delinquent attends, in obedience thereto, the court must, unless good cause is shown to the contrary, impose the proper fine; otherwise it must make a further order, requir ing 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 de linquent is personally served, or attends in obedience thereto. Id., § 20. 1077. When proceedings to cease. But if it appears, from the return of the sheriff, or from any other evidence, that the juror is dead, or insane, or has permanently 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. Id., § 21. § 1078. This article not applicable to New-York and Kings counties. This article does not apply to the city and county of New-York, or to the county of Kings. TITLE IV. URL, usedan, 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 NewYork. 2. Provisions relating to trial jurors in the county of Kings. ARTICLE FIRST. Provisions relating to trial jurors in the city and county of NewYork. 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 performing 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. 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. List 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; 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 jury. 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.... 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 nonattendance; clerk's duty; penalty for neglect. 1112. Sheriff's jury; how selected, etc. 1113. Remitting and enforcing jury fines. 1117. Uncollected fines, enforcement of. 1118. Commissioner to receive fines; accounts of. 1119. Corporation counsel to prosecute, etc. 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. 275 |