Page images
PDF
EPUB

folded as nearly alike as possible, and so that the name cannot be seen.

§ 259. The grand jury for every court in the county, must be drawn from the names deposited in the grand jury box. But if it be drawn for a city court, the clerk must return to the box, every ballot containing the name of a person not stated thereon to reside in the city in which the court is established.

§ 260. A grand jury must be drawn for every term of the following courts:

1. The court of oyer and terminer, except in the city and county of New-York:

2. The court of sessions of the city of New-York, and the city courts.

§ 261. A grand jury may also be drawn,

1. For every other court of sessions, when specially ordered by the court, or by the board of supervisors:

2. For the court of oyer and terminer in the city and county of New-York, upon the order of a judge of the supreme court elected in the first judicial district.

§ 262. If made by the court, the order must be entered upon its minute, and a copy thereof filed with the county clerk, at least thirty days before the term for which the jury is ordered. If made by the board of supervisors, a copy thereof, certified by the clerk of the board, must be filed with the county clerk, at least

thirty days before the term; and when so filed, is conclusive evidence of the authority for drawing the ju

ry.

§ 263. A misdescription, however, of the title of the court, does not affect the validity of the order, if it can be plainly understood therefrom, what court is intended.

§ 264. To constitute a grand jury, thirty-six ballots must be drawn from the grand jury box, for the court of sessions in the city of New-York, and twenty-four for the courts in every other city and county.

§ 265. The drawing must take place at, the office of the county clerk, not less than fourteen, nor more than twenty days before the holding of the court.

§ 266. At least six days notice of the time and place of the drawing must be given, by publication in a newspaper of the county, or if there be none, by affixing the notice on the outer door of the court house. A copy of the notice must also be served on the sheriff of the county, and on one of the persons anthorised to act as a judge of the court, at least three days before the time appointed for the drawing.

§ 267. At the time appointed, the sheriff or under sheriff, and the judge upon whom notice has been served, as prescribed in the last section, must attend at the office of the county clerk, to superintend the draw

ing. If either of those officers do not appear, the clerk must adjourn the drawing to the next day; and must, by written notice, require the delinquent sheriff or judge, or any two justices of the peace or police justices, to attend the drawing at that time. If the officers receiving notice, then appear, but not otherwise, the clerk must proceed in their presence to draw the grand jur.

§ 268. The drawing must be conducted, as follows: 1. The clerk must shake the box containing the ballots, so as to mingle them as much as possible:

2. He must then publicly draw out of the box, as many of the ballots as there are grand jurors required:

3. A minute of the drawing must be kept, in which the name contained on each ballot drawn must be entered, before another ballot can be drawn:

4. If, when the whole number of ballots required is drawn, it appear that a person, whose name is drawn, is dead or insane, or resides out of the county, that fact must be entered in the minute of the drawing, and the ballot containing the name, destroyed:

5. Another ballot must then be drawn in place of that destroyed, and the name contained thereon must in the same manner be entered in the minute of the drawing:

6. The same proceedings must be had, as often as necessary, until the requisite number of ballots is drawn:

7. The minute of the drawing must then be signed by the clerk and the attending officers, and immediately filed in the clerk's office.

§ 269. A panel of the names of the persons drawn as grand jurors, with their places of residence and occupations, and stating for what court they were drawn, must then be made and certified by the clerk and the attending officers, and delivered without delay to the sheriff of the county.

§ 270. If the grand jury be drawn for a city court, the fact of the return to the grand jury box, of a ballot containing the name of a person not stated thereon, to reside in the city in which the court is established, as provided in section 259, must be entered in the minute of the drawing, and the grand jury must be completed from the names of persons residing in that city.

§ 271. At least six days before the court, the sheriff must summon the persons named in the panel delivered to him, to attend the court, by giving written notice to each of them personally, or by leaving it at his place of residence, with some person of suitable age and discretion.

§ 272. The sheriff must also return the panel to the court, at its opening, specifying the persons summoned, and the manner in which each was notified.

273. The court to which the panel of grand jurors is returned by the sheriff, may impose a fine not exceeding twenty-five dollars, for each day a grand juror, without reasonable cause, neglects to attend. If, however, the notice to attend were not personally served, the fine cannot be imposed, until, upon an order to show cause, an opportunity is afforded him to be heard.

§ 274. At any time after the drawing of the grand jury, the county clerk or sheriff must, without charge, furnish any person applying therefor, a copy of the panel thereof.

§ 275. The county clerk must preserve the ballots drawn, as provided in section 268, until after the adjournment of the court, and must then, if he be also the clerk of that court, or if not, upon receiving the certificate mentioned in the next section,

1. Destroy the ballots containing the names of those who were discharged, for want of a qualification mentioned in section 251, or by reason of an exemption mentioned in section 252:

2. Deposit in the grand jury box, the ballots containing the names of those who did not appear, or were discharged, for any other reason than those mentioned in the last subdivision:

3. Deposit in the box of drawn grand jurors, the ballots containing the names of those who attended and served.

« PreviousContinue »