1019. Referee's report; when to be made; consequence of failure. Upon the trial, by a referee, of an issue of fact, or an issue of law, his written report must be either filed with the clerk, or delivered to the attorney for one of the parties, within sixty days from the time when the cause is finally submitted ; (1) otherwise either party may, before it is filed or delivered, serve a notice, upon the attorney for the adverse party, that he elects to end the reference. In such a case, the action must thenceforth proceed, as if the reference had not been directed; (2) and the referee is not entitled to any fees. Co. Proc., last sentence of 273. (1) Richards v. Bloom, 5 Hun, 182 Ballou . Parsons, 55 N. Y. 673; Thiesselin r. Rossett, 3 Abb. N. 8. 54: Livingston v. Gidney, 25 How. 1. (2) Mantles v. Myle, 26 How. 409: Litch . Brotherson, 25 id. 407; s. c., 16 Abb. 384; Livingston v. Gidney, 25 How. 1; Niles e. Maynard, 28 id. 390; Kissam v. Hamilton, 20 id. 369; Godding v. Porter, 17 Abb. 374; Halsey v. Carter, 6 Rob. 535; Foster v. Bryan, 26 How. 164; 16 Abb. 396; Gregory v. Cryder, 10 Abb. N. S. 289. -- 1020. Double or other increased damages. Where the double, treble, or other increased damages are given by statute, the decision of the court, or the report of the referee, must specify the sum awarded as single dainages, and direct judgment for the increased damages. New. See? 1184, post. S1021. [Amended, 1879.] Decisions of court or report of referee, upon trial of demurrer.-The decision of the court, or the report of a referee, upon the trial of a demurrer, must direct the final or interlocutory judgment to be entered thereupon. Where it directs an interlocutory judgment, with leave to the party in fault to plead anew or amend, or permitting the action to be divided into two or more actions, and no other issue remains to be disposed of, it may also direct the final judgment to be entered if the party in fault fails to comply with any of the directions given or terms imposed. Substitute for Co. Proc., part of 267. 1022. [Amended, 1877.] Id.; upon trial of the whole issue of fact. The decision of the court, or the report of the referee, upon the trial of the whole issue of fact, must state separately the facts found, and the conclusions of law; and it must direct the judgment, to be entered thereupon. In an action, where the costs are in the discretion of the court, the decision or report must award or deny costs; and, if it awards costs, it must designate the party to whom costs, to be taxed, are awarded. The first sentence of this section has been taken from Co. Proc., 2? 267 and 272. The remainder is new in form. *This word Inserted by error in engrossing. 1023. Parties may require court or referee to determine particular questions. - Before the cause is finally submitted to the court or the referee, or within such time afterwards, and before the decision or report is rendered, as the court or referee allows, the attorney for either party may submit, in writing, a statement of the facts, which he deems established by the evidence, and of the rulings upon questions of law, which he de sires the court or the referee to make. The statement must be in the form of distinct propositions of law, or of fact, or both, separately stated; each of which must be numbered, and so prepared, with respect to its length, and the subject and phraseology thereof, that the court or referee may conveniently pass upon it. At or before the time, when the decision or report is rendered, the court or the referee must note, in the margin of the statement, the manner in which each proposition has been disposed of, and must either file, or return to the attorney, the statement thus noted; but an omission so to do does not affect the validity of the decision or report. New. See 993, ante. See People v. A. & S. Railroad Co., 57 Barb. 209, n.; Manley v. Insurance Co. of North America, 1 Lans. 20; Van Slyke r. Hyatt, 46 N. Y. 259. See, also, Smith v. G. F. Ins. Co., 62 N. Y. 85. 1024. Qualifications of a referee.-A referee, appointed by the court, must be free from all just objec tions; and no person shall be so appointed, to whom all the parties object, except in an action to annul a marriage, or for a divorce, or a separation. A judge cannot be appointed a referee, in an action brought in the court, of which he is a judge, except by the written consent of the parties; and, in that case, he cannot receive any compensation as referee. Co. Proc., part of 273. See Flanders v. Odell, 16 Abb. N. S. 247. 1025. Several referees may be appointed. Where the court is authorized to appoint a referee, it may, in its discretion, appoint either one or three. And where a reference is made by consent of the parties, they may select any number of referees, not exceeding five. Substitute for Co. Proc., part of § 273. § 1026. Proceedings regulated where there are several referees. - Where the reference is to more than one referee, all must meet together, and hear all the allegations and proofs of the parties; but a majority may appoint a time and place for the trial, decide any question which arises upon the trial, sign a report, or settle a case. Either of them may administer an oath to a witness; and a majority of those present, at a time and place appointed for the trial, may adjourn the trial to a future day. 2 R. S. 384, 46 (2 Edm. 399). See Townsend v. Glen's Falls Ins. Co., 10 Abb. N. S. 277. TITLE III. Trial jurors, except in New-York and Kings counties; mode of selecting them, and of procuring their attend ance. ARTICLE 1. Qualifications and exemptions of trial jurors. 2. Mode of selecting, drawing, and procuring the attendance of trial jurors, in ordinary cases. 3. Mode of striking and procuring a special jury, and of procur ing a foreign jury. 4. Penalties for non-attendance. ARTICLE FIRST. QUALIFICATIONS AND EXEMPTIONS OF TRIAL JURORS. SEC. 1027. Qualifications of trial jurors. 1033. Additional provision respecting property qualification. 1029. Certain public officers disqualified. 1030. Persons entitled to claim exemption from service. 1031. Evidence of exemption in certain cases. 1632. When Juror to be discharged from serving. 1033. When juror to be excused from serving. 1034. Application of this article, as respects New-York and Kings counties. § 1027. Qualifications of trial jurors. - In order to be qualified to serve, as a trial juror, in a court of record, a person must be: 1. A male citizen of the United States, and a resident of the county. 2. Not less than twenty-one, nor more than sixty years of age. 3. Assessed, for personal property, belonging to him, in his own right, to the amount of two hundred and fifty dollars; or the owner of a freehold estate in real property, situated in the county, belonging to him in his own right, of the value of one hundred and fifty dollars ;(1) or the husband of a woman who is the owner of a like freehold estate, belonging to her, in her own right. 4. In the possession of his natural faculties, and no! infirm or decrepit. 5. Free from all legal exceptions; of fair character; of approved integrity; of sound judgment; and well informed. 2 R. S. 411, 13 (2 Edm. 423). (1) Valton v. National Loan Fund Life Ass. Soc., 17 Abb. 268. 1028. Additional provision respecting property qualification. But a person who was assessed, on the last assessment-roll of the town, for land in his possession, held under a contract for the purchase thereof, upon which improvements, owned by him, have been made, to the value of one hundred and fifty dollars, is qualified to serve as a trial juror, although he does not possess either of the qualifications, specified in subdi. vision third of the last section, if he is qualified in every other respect. Id., 14, ext'd. 1029. Certain public officers disqualified. Each of the following officers is disqualified to serve as a trial juror: 1. The governor; the lieutenant-governor; the gov ernor's private secretary. 2. The secretary of State; the comptroller; the State treasurer; the attorney general; the State engineer and surveyor; a canal commissioner; an inspector of State prisons; a canal appraiser; the superintendent of public instruction; the superintendent of the bank department; the superintendent of the insurance department; and the deputy of each officer, specified in this subdi vision. 3. A member of the legislature, during the session of the house, of which he is a member. 4. A judge of a court of record, or a surrogate. 5. A sheriff, under-sheriff, or deputy-sheriff. § 1030. Persons entitled to claim exemption from service. Each of the following persons, although qualified, is entitled to exemption from service, as a trial juror, upon his claiming exemption therefrom: 1. A clergyman, or a minister of any religion, officiating as such, and not following any other calling. 2. A resident officer of, or an attendant, assistant, teacher, or other person, actually employed in, a State asylum for lunatics, idiots, or habitual drunkards. 3. The agent or warden of a State prison; the keeper of a county jail; or a person actually employed in a State prison or county jail. 4. A practicing physician or surgeon, having patients requiring his daily professional attention. 5. [Amended, 1879.] An attorney or counsellor at law, regularly engaged in the practice of the law, as a means of livelihood. 6. A professor or teacher, in a college or academy. 7. A person actually employed in a glass, cotton, linen, woollen, or iron manufacturing company, by the year, month, or season. (1) 8. A superintendent, engineer, or collector, on a canal, authorized by the laws of the State, which is actually constructed and navigated. 9. A master, engineer, assistant-engineer, or fireman, actually employed upon a steam vessel, making regular trips. 10. A superintendent, conductor, or engineer, employed by a railroad company, other than a street railroad company; or an operator, or assistant-operator, employed by a telegraph company; who is actually doing duty in an office, or along the railroad or telegraph line of the company, by which he is employed. 11. An officer, non-commissioned officer, musician, or private of the national guard of the State, performing military duty; or a person, who has been honorably discharged from the national guard, after five years' service, in either capacity. 12. A person who has been honorably discharged from the military forces of the State, after seven years' faithful service therein. But in order to entitle a person to exemption, under this subdivision, his service must |
