ÆäÀÌÁö À̹ÌÁö
PDF
ePub

ARTICLE II.

THE QUALIFICATIONS AND EXEMPTIONS OF JURORS.

SECTION 251. Who are competent to act as jurors.

252.

Who are exempt.

253. Who may be excused.

§ 251. A person is not competent to act as a juror, unless he be,

1. A citizen of the United States:

2. A white male inhabitant of the town or ward from which he is returned:

3. Over twenty-one and under sixty years of age:

4. In the possession of his natural faculties, and not decrepid.

5. Of good moral character, of sound judgment, and well informed: and,

6. Subject to assessment, for personal property belonging to him, or for land in his possession, which he holds under contract for the purchase thereof, upon which improvements have been made of the value of one hundred and fifty dollars; or having a freehold estate in the county, in his own right or in right of his wife, of the value of one hundred and fifty dollars.

§ 252. A person is exempt from liability to act as a juror, if he be,

1. A judicial officer, as defined in section 214:

2. Any other civil officer of this state or of the United

states, whose duties are at the time inconsistent with his -attendance as a juror :

3. An attorney and counsellor :

4. A minister of the gospel, or a priest of any denomi

nation:

5. A teacher in a college, academy or school:

6. A practising physician:

7. An acting non-commissioned officer, musician or private, of an uniformed company or troop, duly equipped and organized according to law; the evidence of which is the certificate of the commanding officer, verified by oath, and dated within three months of the time when the exemption is claimed:

8. An acting member of a company of firemen, duly organized according to law; the evidence of which is the certificate of the foreman or other chief officer of the

company:

9. A person who, on the first day of May, 1849, had served, or who thereafter may serve, as an acting member of a company of firemen in a city or village of this state, for five years; the evidence of which is the certificate of the chief engineer or head of the fire department of the city or village:

10. A superintendent, engineer, collector or conductor of a canal or railroad, constructed by the authority of this state, and in actual use:

11. An officer, keeper, or attendant of an alms-house, poor-house, hospital, asylum, or other charitable institution, created by or under the laws of this state:

12. A person in the actual employment of an incorporated manufacturing company, by the year, month or

season or

13. A person specially exempted by any other statute, from serving on a jury.

§ 253. A person may be excused from acting as a juror, when, for any reason, his interests or those of the public will be materially injured by his attendance: or when his own health, or the death or sickness of a member of his family, requires his absence.

ARTICLE III.

MANNER OF RETURNING THE GRAND JURY LIST, AND DRAWING AND SUMMONING THE GRAND JURY.

SECTION 254. Grand jury list to be made annually by supervisors.

255. Names to be selected.

256. List. how made, and when and where filed.

257. County clerk to keep grand jury box, and box of drawn grand jurors. 258. To deposit ballots in grand jury box.

259. Grand jury to be drawn from names deposited. How drawn for a

city court.

260. For what courts grand jury must be drawn.

261. For what courts it may be drawn.

262. Order for drawing in such case, how made and filed.

263. Misdescription of court, not to invalidate order,

264. Number of ballots to be drawn, to constitute grand jury.

265. Drawing, when and where to take place.

266. Notice of drawing.

267. Officers to attend drawing.

268. Drawing, how conducted.

269. Panel to be delivered to sheriff.

270. Entry in minute of drawing for a city court.

271. Grand jury, when and how summoned.

272. Panel, when and how returned.

273. Penalty on grand jurors for non-attendance.

274. Clerk or sheriff to furnish copy panel without charge.

275. Ballots drawn, how disposed of.

276. Clerk of court to deliver certificate to county clerk, respecting atten

dance of grand jurors.

277, 278. Grand juror not to be drawn again during same year, unless ballots in grand jury box exhausted.

279. Proceedings, where a person is drawn both as a grand and trial

juror.

§ 254. The board of supervisors of each county must annually make a list, denominated the grand jury list, containing the names of persons to serve as grand jurors at the courts of oyer and terminer and sessions and city courts in the county, until a new list be returned, in the following manner:

1. In the city and county of New-York, it must be made annually on the first Monday of July, and must contain the names of twelve hundred persons:

[blocks in formation]

2. In the other counties, it must be made at the annual meeting of the board of supervisors, and must contain the names of three hundred persons, apportioned among the different towns and wards, according to the number of persons assessed on the last preceding assessment roll.

§ 255. In preparing the grand jury list, the names of those persons only must be selected, who are known or believed to be possessed of the qualifications prescribed in section 251, and not entitled to exemption, as provided in section 252.

§ 256. The grand jury list must contain the christian and surname at length, and the place of residence and occupation of each person named therein, and must be certified by the clerk of the board of supervisors, and filed in the office of the clerk of the county, within ten days after the day on which it is required to be prepared.

§ 257. The county clerk must keep in his office, two sufficient boxes, carefully secured, the one of which is denominated the grand jury box, and the other the box of drawn grand jurors.

§ 258. On receiving the grand jury list, he must destroy all ballots remaining in both boxes, and must prepare and deposit in the grand jury box, separate ballots, containing the name, place of residence and occupation of each person embraced in the list, and

« ÀÌÀü°è¼Ó »