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§ 1138. Supplemental lists, containing the names and proper additions of persons, subsequently ascertained to be liable to serve as trial jurors, may, from time to time thereafter be made; and transcripts thereof, verified as prescribed in the last section, must be filed in like manner, by the commissioner. Ballots, containing those names, must be prepared, as prescribed in the next section, and used, in like manner as the other ballots therein specified, for the residue of the jury year.

§ 1139. The commissioner must prepare ballots, by writing the names, contained in the list, a transcript of which was filed in the office of the county clerk, with the proper additions of each person, on separate pieces of paper, which must be uniform, as nearly as may be, in appearance. On the second Monday of August in each year, he must deposit the ballots, in the box kept by him for that purpose, and must place his seal upon the box; whereupon all jury ballots, previously in use, must be destroyed. The box must be constructed with an aperture, large enough only to conveniently admit the hand of the person, by whom the ballots are to be drawn; and the aperture must be provided with a cover, so arranged as to be conveniently sealed, when closed.

$ 1140. [ Ain'l 1895, amendment to tuke effect January 1, 1896.] The commissioner must seasonably notify the justices of the supreme court, residing in the county and the county judges to attend, at his office, on a day designated by him, not less than fourteen nor more than twenty days, before the day appointed for holding a term of a court of record in the county, at which issues of fact are triable by jury, in order to witness and assist in the drawing of trial jurors for that term. The number of trial jarors, to be drawn for each term, may be fixed by the judge who is to preside at or hold the term, by an order under his hand, delivered to the commissioner. If the number bas not been so fixed, at the time of the drawing, one hundred and thirtytwo trial jurors must be drawn for the term.

$ 1141. [ Amd 1879, 1889, 1895, amendment to take effect January 1, 1896.) If two or more of the judges or justices specities in the last section attend the commissioner, or, in case of liis absence his chief clerk, must break the seal of the box containing the ballots, open it and exhibit the ballots for their inspection, together with his original and each supplemental list of trial juri rs, and also the verified tran. scripts thereof tiles in the county clerk's office. The ballots containing the names if trialjurors excused from service for the whole or a portion of a previous term of a court of record in the county which have not already been replaced in the box to be redrawn, must then be replaced therein; and the judges and justices a teuding the drawing must take care, when the real is brolen, that they are so replaced. If a supplemental list has been made, and a transcript filed since the Inst ornwing, lal ots containing the names appearing therein must at the same time be placed in the box. The judges, jnsiices ar dibe commissioner, or, in case of his absence, his cbief cle koira majouty of them, must appoint one of the attending ticristo draw the bullots from the box and another to checkmark the drawingasi: proceeds upon a copy of the lists tr: nscripts of which have been filed with the county clerk.

91 42. [1m'ul 1889.) The commissioner, or in case of

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TRIAL JURORS.

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his absence, his chief clerk, must then shake the box containins the ballots so as thoroughly to mix them. The person apprinted for that purpose must then, without seeing the name contained in any ballot, publicly draw one ballot from the box and read aloud the contents thereof. If the drawing is for trial jurors to serve in the city court of Brooklyn, and the person drawn does not reside in that city, the ballot must be returned to the box; but if he resides in that city, or if the drawing is for trial jurors to serve in another court, the persnappointed to checkmark the drawing must place oppovte the name of the person drawn, upon the copy of the lists, the figure one. The ballot must then be deposited in a second box provided for that purpose and constructed like the first box. Another ballot must then be drawn in like manner from the first box, and the same process must be repeated until the reyjuisite number has been drawn, except that each name must be checkmarked in its numerical order.

$ 1143. [Am'd 1889.) When the drawing is completed, the commissioner, or in case of his absence, his chief clerk, and the judges by whom it was conducted, must sign a minute at the end of the copy of the lists, upon which the checkmarks have been made, setting forth that the trial jurors whurse names are contained therein, were duly drawn by them, for the court and the term therein specified, in the order denoted by the figures. The judges must then close each box; and place upon the cover thereof, their seals, which must not be broken, except when necessary for a subsequent drawing.

$ 1144. The proceedings, upon each subsequent drawing, are the same; but the list must be check-marked with numbers, commencing with the number next in order, after the last number used at the preceding drawing.

$ 1145. After all the ballots have been drawn from the first box, and deposited in the second box, the commissioner must make a new list, by copying the lists used upon the preceding drawings, omitting the checkmarks. He must then correct it, by properly indicating each person who has been found to be disqualified, exempt, dead, or not resident within the county ; and each person, who has been excused, and for what time. Thereafter, when trial jurors are drawn, the ballots must be drawn from the second box; the names must be checkmarked on the corrected list ; and the ballots not used must be deposited in the first, box; except that where a balInt is drawn, containing the name of a person indicated, on the corrected list, as disqualified, exempt, dead, or non-resident, it must be destroyed ; and a ballot, containing the Dame of a person who has been excused, for a period then expired, must be returned to the box from which it was drawn, without checkmarking.

$ 1146. [Amd 1889, 1890, 1891.] Immediately after each drawing of trial jurors, the commissioner or in case of his absence, his chief clerk must prepare a panel verified by his affidavit, containing the names of the jurors drawn, with the proper additions of each, and stating for what court and for what term, they were drawn. He must transmit the panel to the sheriff of the county, who must keep it on tile in his office for public inspection. The commissioner must forthwith notify each juror named therein to attend the term for which he was drawn by serving upon him a notice to that effect ad

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dressed to him. The notice may be served personally or by leaving it at the juror's residence or usual place of business with a person of proper age and discretion. It must specify the days during which the juror is required to be present ; and it may contain copies of such portions of this article as the commissioner deeis proper.

$ 1147. (Amd 1890, 1891.) The thirty-six trial jurors first drawn for a term, or such other number as the judge appointed to hold or preside at the term, directs must be notified to be present during the first six days of the term, and the thirty-six trial jurors next drawn, or such other number as the judge directs, must be notified to be present during the next six days of the term, and a like number during each succeeding six days. The judge holding or presiding at the term, may in his discretion, on the application of a trial juror excuse him from the whole, or a part of the time of service required of him. The judge may also change the time of service of a juror to a later day, during the same, or a subsequent term of the court. Each juror whose time of service is changed to a day certain must attend at the opening of court on that day, and thereafter until discharged, without further notice. If he fails so to do he is liable to the same punishment as if he had been personally notified by the commissioner to attend the term, and to be present on that day. The clerk of the court must enter in a book kept for that purpose the name of each juror who is so excused, or whose time of service is changed.

§ 1148. [Am'd 1890, 1891.) Before the commencement of each term of a court for which trial jurors have been drawn, as prescribed in this article, the commissioner, or in case of his absence, his chief clerk, must file with the clerk, the panel or a copy of the panel, with a return, under his hand, indorsed thereupon or annexed thereto, showing the names and additions of each juror notified the days during which he was notified to attend, and the manner in which he was notified.

§ 1149. [Am'd 1890.) At any time during the sitting of a term of a court of record in the county, the court may direct an additional number of trial jurors to be drawn for that term. The order must specify the number to be drawn and the time of drawing. The drawing must be conducted as prescribed in sections eleven hundred and forty-one, eleven hundred and forty-two and eleven hundred and forty-three of this act, except that notice is not required. The commissjoner must forthwith notify each juror drawn by such a notice as the court directs, to attend the term at the time specified in the order.

$ 1150, [Am'd 1890, 1891, 1895, amendment to take effect January 1. 1896 ] In a special proceeding pending before a county judge of Kings county, in which a trialjury is neces. fary, the judge may impanel a jury from the trial jurors who are serving at the time in the county court of the county If there are no jurors serving in the county court, the judge may make an order requiring the commissioner of jurors to draw the number of trial jurors, designated therein; whereupon the commissioner or in case of his absence, his chief clerk, must draw the requisite number and the commissioner must notify them as prescribed in this article for drawing and notifying other trial jurors.

$ 1151. The board of supervisors of the county must allow to each judge, including each justice of the supreme court, for the services performed by him, as prescribed in this article, such compensation, as the board deems reasonable and proper.

$ 1152. Where a person, duly drawn and notified to attend a term of a court of record, as a trial juror, fails to attend, at the time specified in the notice, or from day to day, the court, at that term, must impose upon him a fine of twenty-five dollars, for each day that he fails so to attend. This section applies to a special juror, as well as to an ordinary trial juror.

$ 1153. Where a person, duly drawn and notified, fails to attend and serve, at a term of a court of record, as required by law, without having been excused, the court, besides imposing a fine, as prescribed in the last section, may direct the sheriff to arrest him, and bring him before the court; and, when he has been so brought, it may, in its discretion, compel him to serve.

$ 1154. (Am'd 1895, amendment to take effect January 1, 1896.] The commissioners of jurors must cause a notice to be served upon each delinquent trial juror, returned as having been fined, stating the sum in which, and the term at which he was fined, and requiring him to show cause, if he has any, before the board, specified in this section, at the commissioner's office, on a day, not less than three days thereafter, and at an hour specified in the notice, why the fine should be remitted. The commissioner must notify the justices of the supreme court, residing in the county, and the county judges, to attend at the same time and place, and act with him as a board, for the remission and enforcement of jury fines. It is their duty to attend and act accordingly The commissioner, and two of those justices or judges, constitute a quorum, The board may, in its discretion, hear testimony; and it may, from time to time, adjourn the meeting, or the hearing, or final disposition of a particular case. It may remit the whole or any part of a fine; but a fine shall not be remitted or reduced, unless the person, upon whom it has been imposed, or, if a reason satisfactory to the board is given, why his affidavit can not be furnished, another person, in his behalf, makes, and files with the commissioner, an affidavit stating the grounds, upon which a remission or reduction is claimed. Each affidavit, so filed, must be kept open to public inspection.

$ 1155. The commissioner of jurors must receive each fine, paid or collected, as prescribed in this article. When ten days have expired, since the final disposition of a case by the board, the commissioner must file, in the office of the clerk of the court, a return, containing the name of each juror tined, whose fine remains unpaid, and a statement of the sum remaining unpaid. The clerk must thereupon issue to the commissioner, a precept, under the seal of the court, specifying the name of each person fined, and the amount of his fine remaining unpaid; and commanding the commissioner to levy and enforce collection of each tine, and to return the precept, with his doings thereupon, within ninety days after the re

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ceipt thereof. For the purpose of collecting a fine, the commissioner must levy upon and sell the personal property of a person fined, with like effect, and subject to the same provisions of law, as where a sheriff levies upon and sells personal property, by virtue of an execution, issued upon a judgment of a court of record.

$ 1156. [Am'd 1895, amendment to take effect January 1, 1896.] The commissioner must return the precept, according to its command, to the clerk of the court issuing it. If he fails so to do, the court may enforce the return, by attachment for contempt. When the precept is returned, the clerk must make, in the docket of judgments kept by him, the same entries, as nearly as may be, with respect to each uncollected fine, as if it was a final judgment rendered in an action. When the entries have been made, the fine, with interest, becomes a lien upon the real property of the person fined, as if it was recovered by a judgment in the same court; and an execution to collect it may be issued, directed to the sheriff of the county of Kings, as upon a judgment. The commissioner bas, in relation to the execution, and the satis. faction 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.

$ 1157. The lien, created by such a docket, must be discharged by the county clerk, on filing with him the commissioner's certificate of payment.

$ 1158. If the commissioner of jurors, or either of his assistants, or a clerk or other person, employed by him, corruptly and without sufficient cause, omits the name of a person, duly drawn, from a panel of trial jurors, or the ballot, containing the name of such a person, from either of the boxes prescribed in this article; or, directly or indirectly, receives à fee, reward, compensation, or advantage, in consideration of, or as an inducement to such an omission; he is guilty of a felony, and shall, on conviction, be punished by imprisonment in a State prison, for a term not less than two nor more than five years. i § 1159. A wilful omission, by the commissioner, of a duty required of him by this article, other than that specitied in the last section, is a misdemeanor.

$ 1160. A person, to whom application is made, within the county of Kings, by an assessor, or by the commissioner of jurors, or either of his assistants, 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 inforination relating thereto; or a person who knowingly makes to an assessor, or to the commissioner of jurors, or a person acting by his authority, a false representation as to the identity, residence, or any other matter, relating to a juror, duly drawn, and placed on a panel to be notified; or who knowingly retains, conceals, suppresses, or wilíully destroys, a notice to attend, left at the residence or place of business of another, who has been drawn as trial juror, is guilty of a misdemeanor.

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