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. From 2 R. S. 415, Part 3, ch. 7, tit. 4, part of § 32 (2 Edm. 432). § 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. From 2 R. S. 483, Part 3, ch. 8, tit. 6, § 16 (2 Edm. 505). § 1074. 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. From Id., § 17. Am'd by ch. 946 of 1895. § 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. From Id., §§ 18, 19. § 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, 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 obedi ence thereto. From 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. From 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. 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. 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. 1087. Juror applying to court to be excused must produce notice, etc. 1088. Service in a court not of record; when an excuse. 1089. Clerk of court to certify to commissioner as to attendance, excuses, fines, etc., of jurors. 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 testiny as to juror's liability to serve. Penalty for disobedience. 1096. Commissioner to return list 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 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. 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. 111. furor may also be arrested and compelled to serve. SEC. 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. Remitting and enforcing jury fines. 1114. Board for enforcement of jury fines; proceedings before it. [Re pealed.] 1115. General powers of board. [Repealed.] 1116. Commissioner to issue warrant to collect fines; sheriff's powers and 1117. Uncollected fines to be docketed, and enforced as judgments. 1119. Corporation attorney to prosecute for penalties; compromise, etc., of action. 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. § 1079. Qualifications of trial jurors. In order to be qualified to serve, as a trial juror, in a court in the city and county of New York, a person must be: 1. A male citizen of the United States, and a resident of that city and county. 2. Not less than twenty-one, nor more than seventy years of age. 3. The owner, in his own right, of real or personal property, of the value of two hundred and fifty dollars; or the husband of a who is the owner, in her own right, of real or personal property of that Vaiue woman 4. In the possession of his natural faculties, and not infirm or decrepit. 5. Free from all legal exceptions; intelligent; of sound mind and good character; and able to read and write the English language understandingly. From ch. 539 of 1870, §§ 4, and 6. See 88 1539, 1652, Consol. Act. § 1080. Who deemed a resident. A person dwelling or lodging in the city and county of New York. for the greater part of the time, between the first day of October and the thirtieth day of June next thereafter, is a resident of that city and county, for that jury year, within the meaning of the last section; and it is not necessary that he should have been assessed, or should have voted there. From ch. 539 of 1870. part of § 4. See 1653, Consol. Act. $ 1081. Persons exempt from service. Either of the following persons, although qualified, is entitled to an exemption from service as a trial juror, upon his claiming an exemption, as prescribed in this article: 1. A clergyman, or a minister of religion, officiating as such, and not following any other calling. 2. A practicing physician, surgeon, or surgeon dentist, having patients requiring his daily professional attention, not following any other calling a licensed pharmaceutist or pharmacist, while actually engaged in his profession as a means of livelihood; and a duly registered veterinary surgeon actually engaged in his profession as a means of livelihood. 3. An attorney or counselor-at-law, regularly engaged in practice of the law as a means of livelihood. 4. A professor or teacher in a college, academy or public school, not following any other calling, or an editor, editorial writer or reporter of a daily newspaper regularly employed as such and not following any other vocation. 5. The holder of an office under the United States, or the State, or the city or county of New York, whose official duties, at the time, prevent his attendance as a juror. 6. A consul of a foreign nation. 7. A captain, engineer or other officer, actually employed upon a vessel, making regular trips; or a licensed pilot actually following that calling. 8. A superintendent, conductor, or engineer, employed by a railroad company, other than a street railroad company or a telegraph operator employed by a press association or a telegraph company, who is actually doing duty in an office or along the railroad or telegraph line of the company or association by which he is employed. 9. A grand juror or a sheriff's juror, for the year, selected pursuant to law. 10. Any officer, non-commissioned officer, musician or private actually serving in a brigade, regiment. battalion, company or troop of the Old Guard of the city of New York or of the National Guard of the State, uniformed and equipped according to law and faithfully performing his duty by making the parades and attending the drills, inspections and reviews required by law, or a general or staff officer actually performing duties as such, or a person who has been honorably discharged from the National Guard after five years' service in either capacity. II. A person who has been honorably discharged from the military forces of the State after seven years' faithful service therein. But in order to entitle a person to exemption under this subdivision, his service must have been performed before the twenty-third day of April, eighteen hundred and sixty-two, either as a general or staff officer, or as an officer, non-commissioned officer, musician or private in a uniformed battalion, company or troop of the militia of the State, and armed, uniformed and equipped, according to law, or a portion thereof during that period and in that capacity, and the remainder, since the twentythird day of April. eighteen hundred and sixty-two, as a member of the National Guard of the State. 12. A person who, after faithfully performing the duties of a fireman in a fire company or fire department, duly organized according to the laws of the State, for five successive years, has been honorably discharged therefrom. 13. A person who is physically incapable of performing jury duty by reason of severe sickness, deafness or other physical disorder. 14. A person holding office under the fire or police department of the city, or otherwise specially exempted by law. 15. A duly licensed engineer of steam boilers, actually employed as such. From Id., 6, as amended by ch. 535 of 1872. Am'd by ch. 416 of 1877; ch. 542 of 1879; ch. 67 of 1880; ch. 296 of 1889; ch. 512 of 1890; ch. 318 of 1898; ch. 205 of 1899, and ch. 291 of 1902. In effect Sept. 1, 1902. See 1654, Consol. Act. § 1082. Evidence of right to exemption in certain cases. The evidence of the right to exemption, as prescribed in the last section, is as follows: 1. Under subdivision tenth thereof. where the applicant is a member of a company or troop, the certificate of the captain, or other commanding officer thereof, dated within three months of the time of presenting it. Or the commissioner of jurors mav, in his discretion, receive the certified list. specified in the next section as sufficient evidence thereof. Where the applicant is a regimental officer, or a staff-officer, the evidence of the right to exemption is the certificate of the majorgeneral, or other officer, commanding the first division. |