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same in box

of jurors after service.

Deposit of ballots. The ballots so prepared shall be deposited by the com

missioner of jurors in the jury box kept by the commissioner of jurors for that purpose, and he shall place his seal upon the box. The commissioner of jurors shall not deposit in the jury box for service for the ensuing year the ballots containing the names

of jurors who have served their legal term as jurors during the Jury box. preceding jury year. The box shall be constructed with an aper

ture large enough only to conveniently admit the hand of the person by whom the ballots are to be drawn, and the aperture shall be provided with a cover so arranged as to be securely sealed when closed. The jury box shall be cylindrical in form, and shall be provided with some apparatus by which the ballots can be thoroughly mixed without exposing them, and its form and construction shall be approved by the said judges, and may from time to time be changed with their approval.

§ 2. Section twenty-two of chapter three hundred sixty-nine of the laws of eighteen hundred ninety-five is hereby amended to

read as follows: Discharge $ 22. A person summoned as a juror, who has actually served

as a trial juror in a court of record in any county embraced within this act for two complete calendar weeks, or, if his service shall not be for complete calendar weeks, then for twelve days of actual service, within that jury year, shall be discharged by the court; except that he shall not be so discharged until the close of a trial in which he may be serving when the said time expires. A person discharged as prescribed in this section, is thereafter, during the same jury year, prohibited from jury service in any county of the state. Whenever the certificate of one or more clerks of a court, made as prescribed in section twenty-seven of this act, show that a person is entitled to a discharge, as prescribed in this section, the commissioner of jurors

must, upon request, certify to the fact. Sections of $ 3. Chapter three hundred sixty-nine of the laws of eighteen numbered. hundred ninety-five is hereby amended so that the first section

after section thirty of said act shall be numbered section thirty. one, and the amendment to subdivision six of section thirty-one of said act, made by chapter ninety-seven of the laws of eighteen hundred ninety-six, shall be deemed to be an amendment to the said first section after section thirty of said chapter three hun. dred sixty-nine of the laws of eighteen hundred and ninety-five, which said section is to be hereafter numbered section thirty-one.

§ 4. This act shall take effect immediately.

act re

Chap 23. AN ACT to amend section thirty-three hundred and fourteen of

the code of civil procedure, relative to fees of jurors. Became a law February 24, 1897, with the approval of the Governor.

Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section thirty-three hundred and fourteen of the code of civil procedure is hereby amended to read as follows:

§ 3314. Supervisors may make allowance to grand and trial jurors.- In the county of New York, the common council, and in any other county, the board of supervisors, may direct that a sum, not exceeding two dollars, in addition to the fees prescribed in the last section, or in any other statutory provision, be allowed to each grand juror, and each trial juror, for each day's attendance at a term of a court of record, of civil or criminal jurisdiction, held within their county. If a different rate is not otherwise established as herein provided, each juror is entitled to five cents for each mile necessarily traveled by him in going to and returning from the term; but such common council or board of supervisors may establish a lower rate. A juror is entitled to mileage for actual travel once in each calendar week during the term. The sum so allowed or established must be paid by the county treasurer, upon the certificate of the clerk of the court, stating the number of days that the juror actually attended, and the number of miles traveled by him, in order to attend. The amount so paid must be raised in the same manner as other county charges are raised. $ 2. This act shall take effect immediately.

Vol. I. 2

Act amended.

Chap. 25.
AN ACT to amend chapter three hundred and forty-eight of the

laws of eighteen hundred and eighty-five, entitled "An act to
authorize the appointment of stenographers for grand juries,
and to fix the compensation of such stenographers," as amended
by chapter one hundred and thirty-one of the laws of eighteen
hundred and eighty-six, chapter eighty-two of the laws of eigh-
teen hundred and ninety-four, and chapter six hundred and

sixty-one of the laws of eighteen hundred and ninety-five. Became a law February 25, 1897, with the approval of the Governor.

Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

Section 1. Section seven of chapter three hundred and fortyeight of the laws of eighteen hundred and eighty-five, entitled “An act to authorize the appointment of stenographers for grand juries, and to fix the compensation of said stenographers," as amended by chapter one hundred and thirty-one of the laws of eighteen hundred and eighty-six, chapter eighty-two of the laws of eighteen hundred and ninety-four, and chapter six hundred and sixty-one of the laws of eighteen hundred and ninety-five, is hereby amended so as to read as follows:

§ 7. Each stenographer appointed as aforesaid, shall receive such compensation for services rendered while engaged in taking testimony before a grand jury as shall be determined by the board of supervisors of the county in which heisappointed, excepting that in the county of New York, such compensation shall be fixed by the board of estimate and apportionment of the city of New York, and such compensation shall not be less than five nor more than ten dollars per day; and in addition thereto he shall be entitled to and shall be allowed for a copy of testimony furnished to the district attorney, the same rate per folio as is now allowed to the stenographers of the county court or court of common pleas in their respective counties. Such compensation shall be a county charge, and shall be paid by the treasurer of such county upon the affidavit

of the stenographer and the certificate of the district attorney, Salaries in specifying the number of days of actual service, and the number Albany and of folios furnished; excepting, that in the county of Monroe, the counties. stenographer known as the first stenographer shail

Compensation of stenographers.

Monroe,

Queens

receive an annual salary of fifteen bundred dollars, and the stenographer known as the second stenographer shall receive a salary of fifty dollars per month; and excepting that in the county of Albany said stenographer shall receive a salary of twelve hundred dollars per annum; and excepting that in the county of Queens, said stenographer shall receive a salary of one thousand dollars per annum. Such salaries shall be a county charge and shall be paid monthly by the treasurers of said counties in the same manner as the salaries of other county officers are paid.

§ 2. This act shall take effect immediately.

Chap. 28.
AN ACT to amend chapter nine hundred and fifty-seven of the

laws of eighteen hundred and ninety-six, entitled "An act con-
ferring jurisdiction upon the board of claims to hear, audit and
determine the claim of Mortimer Murphy against the state,"

relative to appeals. Became a law February 25, 1897, with the approval of the Governor.

Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

Section 1. Section two of chapter nine hundred and fifty-seven Act of the laws of eighteen hundred and ninety-six is hereby amended“ to read as follows:

§ 2. Either party may take an appeal to the appellate Appeal division of the supreme court for the third department from any award. award made under authority of this act, provided such an appeal be taken by service of a notice of appeal within thirty days after service of a copy of the award.

§ 2. This act shall take effect immediately.

amended.

from

Chap. 29. AN ACT to amend the insurance law, relating to assessments by

town and county co-operative insurance companies. Became a law February 20, 1897, with the approval of the Governor.

Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section two hundred and sixty-eight of the insurance law, constituting chapter thirty-eight of the general laws, as enacted by chapter six hundred and ninety of the laws of eighteen hundred and ninety-two, is hereby amended to read as follows:

§ 268. Classification of risks; borrowing money; assessments.Every such corporation may, if a fire insurance corporation, classify the property or buildings insured therein at the time of insur. ance and issue policies under different rates according to the risk from fire, to which they may be subject. In the case of any corporation formed under this article or any act repealed by this chapter for the formation of town and county co-operative insurance corporations, if the amount of any loss or damage ascertained exceeds in amount the cash on hand of the corporation, such of its officers as may be authorized by the by-laws to do so, shall convene the directors or executive committee, who may borrow money on the credit of the corporation sufficient to pay the loss, or make an assessment upon all the property insured, pro rata, according to the classification or according to the amount insured, as may be provided in the by-laws, sufficient to pay what the cash in hand falls short of paying, or for the whole loss or damages, as the directors or executive committee may decide to be for the best interests of the corporation. If the directors or executive committee deem it to be for the interest of the corporation, they may make an estimate of such sums as in their judgment will be necessary to pay all losses, damages and expenses for the current year and supply any deficiency in the preceding year, and proceed to assess, levy and collect the same of the members of the corporation, at such times as in their discretion will be most advantageous to the corporation. Such assessment shall be made pro rata upon all the property at such time insured, according to its classification or according to the amount insured, sufficient to pay the amount so estimated. Not more than four such general assessments shall be made in any one year, nor shall any such assessment be made if more

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