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each month, containing the names of the jurors designated for that month.

Am'd by ch. 570 of 1886.

See § 1685, Consol. Act.

§ 1113. Remitting and enforcing jury fines.

Upon receiving the return to the minute and certificate required by the provisions of section ten hundred and eighty-nine to be filed in the office of the commissioner of jurors, and the certificate required to be transmitted to said commissioner of jurors, as prescribed in section eleven hundred and eleven, said commissioner shall transmit a list of the delinquent jurors who have been returned as fined to the counsel to the corporation of said city, whose duty it shall be to apply forthwith to a judge of the court in which such fine shall have been imposed, for an order directing each delinquent trial juror, returned as having been fined in such court, to show cause before the judge by whom such fine was imposed, or such other judge as may be designated in such order should the judge by whom such fine was imposed have ceased to be a member of such court, or for any other reason shall be unable to hear such proceeding at a time and place to be named therein, why the payment of the fine should not be enforced. In case of the absence of such judge at the time and place mentioned in said order, the proceedings thereunder may be conducted before such other judge of said court as may be then and there present. Said order shall be served upon the persons to whom the same is addressed, by delivering to each one personally, and leaving with him, a copy of the same. It shall be the duty of the commissioner of jurors to cause such orders to be served.

Such service may be made by any person by whom a summons in a civil action in a court of record might be served who may be designated for the purpose of the commissioner of jurors and proof of such service may be made by affidavit. The proofs of such service shall be transmitted to the counsel to the corporation. In case of failure to make such service it shall be the duty of the commissioner of jurors to transmit to the counsel to the corporation the affidavit of the person charged with the duty of making such service setting forth the reasons for such failure and the efforts made to effect such service. As many delinquents may be included in one proceeding as the counsel to the corporation may determine, but the copy of the order required to be served upon each delinquent need not specify the names of other delinquents included in the same proceeding. If the delinquent attends in obedience to said order to show cause, the judge before whom the same is heard, may, for good cause shown, remit such fine in whole or in part. If such fine is not remitted, or is remitted only in part, the judge shall order the said fine, or so much thereof as shall not have been remitted as the case may be. to be enforced. If the delinquent shall fail to appear, a like order shall be made for the enforcement of the fine upon due proof by affidavit of the service upon such delinquent of such order to show cause. In all cases in which a fine shall be ordered to be enforced in whole or in part, costs not exceeding ten dollars in each case, shall be awarded against the delinquent, which shall be added to and form a part of the fine to be enforced. The order for the enforcement of a fine, in whole or in part, shall be conclusive with respect thereto. An appeal may be taken from any such order not made on default to the appellate division of the court, to which an appeal now lies from any order or judgment made or rendered in the court in which such fine is imposed. Such appeal shall be taken in the same time and in like manner as is now provided by law in relation to appeals from orders made in such court and shall be final.

From ch. 539 of 1870, § 19.

Am'd by ch. 542 of 1857; ch. 343 of 1889, and ch. 946 of 1895.

See 1686, Consol. Act.

So in the original.

§ 1114. Board for enforcement of jury fines. Repealed by ch. 343 of 1889.

§ 1115. General powers of board.

Repealed by ch. 343 of 1889.

§ 1116. Commissioner to issue warrants to sheriff. Repealed by ch. 343 of 1889.

§ 1117. Uncollected fines, to be docketed and enforced as judgments.

All orders for the enforcement of the payment of fines shall be filed in the office of the county clerk in said city, who must make in the docket book of judgments kept by him in the same entries, as nearly as may be, with respect to each fine, as if it were a final judgment rendered in an action. When the entries have been made, the fine, including costs with interest thereon, from the date of the order of enforcement, becomes a lien upon the real property of the person fined, in like manner and to the same extent as if it was recovered by a judgment in the supreme court, and an execution to collect it may be issued, directed to the sheriff of the city and county of New York, as upon such a judgment. The commissioner has, in relation to the execution, and the satisfaction of the fine all the powers of the attorney for a party recovering such a judgment in relation to the judgment, and the execution issued thereupon. Upon the return of any such execution unsatisfied, in whole or in part the court in which such fine shall have been imposed shall have power, on the application of the commissioner of jurors, and upon such notice as the court shall direct, to punish the delinquent juror for misconduct, in failing to pay such fine, or as much thereof as may remain unpaid, by imprisonment not exceeding thirty days in the county jail.

From ch. 539 of 1870, § 22.

Am'd by ch. 343 of 1889.
See 1690, Consol. Act.

§ 1118. Commissioner to receive fines, etc., his account; how rendered and settled.

The commissioner of jurors must receive all money paid or collected for fines or penalties, as prescribed in this article, and he may make all payments therefrom, which he is authorized by this article to make. He must give a receipt for any money paid to him, for a fine or penalty. He must keep a just and faithful account of all receipts and payments, by items, showing the name of the person from whom each sum of money was received and to whom each sum of money was paid; and must at all reasonable times keep his account open to public inspection. At the end of each calendar year, his account must be verified by his affidavit, to the effect that it is in all respects just and true and that he has not received any sum of money during the year. for which he has not charged himself in the account; and the commissioner must thereupon pay over to the chamberlain of the city, the balance, if any, in his hands. The account must immediately be transmitted by the commissioner to the clerk of the board of aldermen, and must be published in the newspaper, designated as prescribed by law, for the publication of the official proceedings of city officers.

From Id., § 21.

Am'd by ch. 343 of 1889.
See 1691, Consol. Act.

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§ 1119. Corporation counsel to prosecute, etc. The counsel to the corporation shall conduct all the proceedings for the enforcement and collection of such fines in the name and on behalf of the commissioner of jurors. It shall be the duty of the counsel to the corporation to make a separate report once every three months to the mayor of said city, which report shall state the number of the persons fined according to the papers transmitted to him by the commissioner of jurors, since his last report, the amount of such fines, the number of the persons proceeded against by him since his last report, the number of the persons against whom orders for the enforcement of fines shall have been made since his last report, the number of persons whose fines shall have been remitted in whole or in part, and the amounts; also a statement of all proceedings whensoever taken. in which the remedies for the collection of such fines shall not have been exhausted, showing the condition of each proceeding. He shall also state the amount of fines collected during the three months preceding said report, and the disposition of the same. It shall be the duty of the mayor to cause said report to be published in the City Record within ten days after the same is received by him.

From ch. 539 of 1870, $$ 9, 10 and 31.

Am'd by ch. 343 of 1889.

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§ 1120. Penalty for physician giving false certificate. A physician, who knowingly gives a false certificate, or makes a false representation, for the purpose of enabling or assisting a person, to be discharged, excused, or exempted from service as a trial juror in the city and county of New York, is guilty of a misdemeanor.

From ch. 539 of 1870, § 12.

See 1693, Consol. Act.

§ 1121. Persons required to furnish information; penalty for refusal, etc.

A person, to whom application is made, within the city of New York, by the commissioner of jurors, or by his authority, for information, as to a fact, upon which the liability of himself, or any other person, to serve as a trial juror, depends, and who refuses to give information relating thereto, which he can give, or knowingly gives false information relating thereto; or a person who knowingly makes to the commissioner of jurors, or to a person acting by his authority, a false representation. as to the identity, residence, or any other matter, relating to the liability of himself, or any other person, to serve as a trial juror, forfeits fifty dollars for each offence.

From Id., § 10.

See 1694, Consol. Act.

§ 1122. Punishment for bribery of officer, etc., by juror drawn.

A person who gives, pays, promises, or offers, money, or any other thing, to the commissioner of jurors, the sheriff, the county clerk, or other clerk of a court; or to the deputy of, or a person employed by, the county clerk or other clerk of a court or to an officer, messenger, or other person, employed by the sheriff, or the commissioner of

jurors; for the purpose of enabling or assisting himself, or any other person, named or drawn as a trial juror, to evade, or to be discharged, exempted, or excused from service; or who knowingly makes a false statement or representation, to a judge, the commissioner of jurors or a member of the board of enforcement of jury fines, for such purpose; or who knowingly retains, conceals, suppresses, or wilfully dotroys, a notice to attend, before the commissioner of jurors, or at a term of a court, or any other paper, relating to the liability to serve, or service, as a trial juror, left at the residence or place of business of another, who has been named or drawn as a trial juror, is guilty of a misdemeanor. The district-attorney must prosecute for each offence, speci fied in this or the next two sections, which comes to his knowledge. From Id., § 11.

See § 1695, Consol. Act.

§ 1123. Id.; for officer accepting bribes, etc.

Any person who takes money or any other thing as a gift, bribe or payment, for the purpose of enabling or assisting a person, named or drawn as a trial juror to evade, or to be discharged, exempted or excused from jury duty; or who wilfully and knowingly prevents or hinders the execution of any provision of this article, is guilty of a misdemeanor.

From Id., § 11.

Am'd by ch. 343 of 1889.

See 1696, Consol. Act.

§ 1124. Id.; for concealing offer to take bribe, etc.

A person, named or drawn as a trial juror, to whom an offer or suggestion to procure his discharge, exemption, or excuse from jury duty, for or in consideration of a corrupt inducement or reward, is made by any person and who fails, within twenty-four hours thereafter, to inform the commissioner of jurors thereof, is guilty of a misdemeanor.

From Id., § 11.

See 1697, Consol. Act.

§ 1125. False swearing; when perjury.

A person, who swears falsely in an affidavit, or testifies falsely upon an inquiry, made as prescribed in this article, is guilty of perjury, in a case where falsely swearing, in an affidavit, used upon a motion in a civil action, or falsely testifying, upon the trial of an issue of fact in such an action, would constitute that crime.

See 88 1539, 1698, Consol. Act.

ARTICLE SECOND.

Provisions Relating to Trial Jurors in the County of Kings

SEC. 1126. Qualification of trial jurors.

1127. Persons exempt from service.

1128. Evidence of right to exemption in certain cases.

1129. Length of jury service required. Notice to juror to attend.

1130. When court to excuse juror from service.

1131. Clerk of court to certify to commissioner, as to attendance, excuses,

fines, etc., of jurors.

1132. Commissioner of jurors to select trial jurors; his general powers. 1133. Id., to receive fees and fines for benefit of county.

1134. Supervisors to provide for his expenses, etc.

1135. Assessors to return persons liable, and commissioner to select jurors. 1136. When commissioner to publish notice, and receive evidence of ex

emption.

1137. Commissioner to prepare list, and file transcript.

1138. Supplemental lists may be afterwards made.

1139. Ballots to be prepared, and deposited in box.

1140. What officers to attend drawing; how many jurors to be drawn. 1141. Proceedings preliminary to drawing.

1142. Drawing; how conducted.

1143. Certificate to be made, and boxes sealed up.

1144. Subsequent drawings, how conducted.

1145. Proceedings when first box exhausted.

1146. Commissioner to transmit panel to sheriff; sheriff to notify jurors.

1147. Days for which the jurors are to be notified. Excusing jurors, and changing days of their attendance.

1148. Sheriff to make return of jurors notified

1149. Court may at any time order a new panel. How drawn.

1150. Jurors in certain special proceedings.

1151. Compensation to judges, etc., for services under this article.

1152. Court of record to fine juror for non-attendance.

1153. Juror may also be arrested, and compelled to serve.

1154. Commissioner to notify jurors fined to appear; board for remission

and enforcement of fines.

1155. Commissioner to collect fines, and to make return of unpaid fines; precept thereupon.

1156. Fines, not collected under precept, to be docketed and enforced as judgments.

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1158. Commissioner, etc., corruptly omitting name, is guilty of felony.

1159. Commissioner's other wilful neglect, a misdemeanor.

1160. Giving false information, or suppressing notice a misdemeanor. 1161. Penalty for physician giving false certificate.

1162. Commissioner to report and pay over money.

§ 1126. Qualifications of trial jurors.

In order to be qualified to serve, as a trial juror, in a court of record the county of Kings, a person must be:

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