§ 301. A trial jury may also be drawn,

1. For a term of a county court or of a court of sessions, except in the city and county of New-York, when specially ordered by the county judge or by the board of supervisors:

2. For a surrogate's court, when specially ordered by the court, in the cases and manner prescribed in this code.

§ 302. The order when made for a county court or court of sessions, may require that the trial jury be drawn for a particular term; when made by a surrogate's court, that it be drawn for a time and place specified in the order. In either of the cases mentioned in this section, the order must specify the number of jurors to be drawn, not exceeding thirty-six, and the name of the court for which they are to be drawn.

§ 303. If made by the court, the order must be entered upon its minutes, and a copy thereof filed with the county clerk, at least thirty days before the day 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 day for which the jury is ordered; and when so filed, is conclusive evidence of the authority for drawing the jury.

§304. 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.

§ 305. The number of jurors drawn for the courts mentioned in section 300, must be as follows:

1. For a circuit, in the city and county of New-York, seventy-two, and in every other county, thirty-six :

2. For the superior court, or court of common pleas, of the city of New-York, seventy-two:

3. For the court of sessions of the city of New-York, seventy-two:

4. For a city court, thirty-six.

§ 306. The trial jurors duly drawn and summoned for a circuit, are the trial jurors for the court of oyer and terminer held at the same time; and those drawn and summoned for a city court, are in like manner the trial jurors in criminal actions therein.

§307. The provisions of sections 265 to 278, both inclusive, in respect to grand jurors, (substituting the word trial, in place of the word grand,) apply to trial jurors in all the courts embraced in this article.

ARTICLE VII.

DRAWING AND SUMMONING THE TRIAL JURY FOR THE MARINE COURT OF THE CITY OF NEW-YORK.

SECTION 308. Trial jury for marine court.

309. To be drawn for every alternate Monday.

310. Drawing, how conducted.

311. Jury list to be delivered to a constable or policeman.

312. Jurors to be summoned three days before court.

313. Fine may be imposed for not attending.

314. Disposition of the ballots drawn.

315. Certain sections to apply.

§308. A trial jury, when required for the marine court of the city of New-York, must be drawn from the undrawn jury box of that city,

§ 309. A trial jury of twenty persons must be drawn for this court, for every alternate Monday, commencing with the first Monday of January, 1851, to serve until the second Saturday, inclusive, after the day for which they were drawn.

§ 310. The drawing must take place publicly, at the office of the county clerk, on the Wednesday preceding the day for which the jury is drawn; and must be conducted by him in the manner prescribed in section 268, in respect to grand jurors, except that no other officer need be present. He must also immediately deliver to the clerk of this court a certified list of the persons drawn as jurors, with their places of residence and occupations, and stating that they were drawn for this court, and the day for which they were drawn.

§ 311. The clerk of this court must immediately deliver the list to a constable, or to a policeman detailed

by the mayor to attend the court, with a written notice directed to each person named in the list, requiring him to attend as a trial juror at this court on the day for which the jury was drawn.

§ 312. The officer must thereupon, at least three days before the court, summon each of the persons named in the list, by giving him the notice mentioned in the last section personally, or by leaving it at his place of residence with some person of suitable age and discretion; and must return the list to the court, at its opening on the day for which the jury was drawn, specifying the persons summoned and the manner in which each was notified. If the officer be a policeman, he is not entitled to any fee for summoning the jury.

§ 313. When the list is returned, the court may impose a fine, not exceeding ten dollars, for each day a juror without reasonable cause neglects to attend. But if the notice were not personally served, the fine cannot be imposed, until, upon an order to show cause, an opportunity is afforded him to be heard.

§ 314. The county clerk must preserve the ballots drawn, as provided in section 275, until after the expiration of the period of service for which the jury was drawn. The clerk of this court must then deliver to him a certified list of the persons returned, in the manner prescribed in section 276; and the county clerk

must thereupon dispose of the ballots retained, as provided in section 275.

§ 315. The provisions of sections 277 and 278, in respect to grand jurors, (substituting the word trial in place of the word grand,) apply to trial jurors in this

court.

ARTICLE VIII.

DRAWING AND SUMMONING THE TRIAL JURY, FOR THE JUSTICES' AND

POLICE COURTS.

SECTION 316. Jury for justices' and police courts, how drawn.

317. When to be drawn.

318. Jury list to be delivered to officer.

319. Manner of summoning jury.

320. Court may fine jnrors for not attending.

321. Certain sections to apply.

§ 316. A trial jury, when required for a justice's or police court, must be drawn from the undrawn jury box of the justice or justices' district.

§ 317. A trial jury of twelve persons must be publicly drawn,

1. For a justice's court, when demanded by either party, at the time when an issue of fact is joined:

2. For a police court, when demanded by the defendant, at the time of pleading, unless he plead guilty.

318. The justice or clerk of the court for which the jury is drawn, must immediately deliver the list to a constable or marshal of the city or town, with a written notice directed to each person named in the list, requiring him to attend as a juror at a time and place specified therein.