so to attend. This section applies to a special juror, as well as to an ordinary trial juror. L. 1858, ch. 322, 25, am'd. Post, 1154. 1153. Juror may also be arrested, and compelled to serve. - 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. New. 1154. Commissioner to notify jurors fined to appear; board for remission and enforcement of fines. The commissioner 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, the county judge, and the chiefjudge of the city court of Brooklyn, 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 satis. factory to the board is given, why his affidavit cannot 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. L. 1858, ch. 322, § 27, as am'd by L. 1866, ch. 821, § 3, and L. 1871, ch. 744, 21. 1155. Commissioner to collect fines, and to make return of unpaid fines; precept thereupon. 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 fined, 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 fine, and to return the precept, with his doings thereupon, within ninety days after the receipt 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. L. 1858, ch. 322, 28, and part of 29, as am'd by L. 1866, ch. 821, 4; and L. 1871, ch. 744, 2. § 1156. Fines, not collected under precept, to be docketed and enforced as judgments. The commis sioner 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. If the fine was imposed at a term of the city court of Brooklyn, the clerk thereof must immediately transmit a transcript of the entries, to the clerk of the county of Kings; who must file it, and make the appropriate entries in his docket of judg ments. 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 has, in relation to the execution, and the satisfaction of the fine, all the powers of the attorney for a party recovering such a judgment, in relation to the judgment, and the execu tion issued thereupon. L. 1858, ch.322, part of 29, including, also, 6 of the act of 1866, ch.821. § 1157. When lien discharged. The lien, created by such a docket, must be discharged, by the county clerk, on filing with him the commissioner's certificate of payment. L. 1866, ch. 821, 5. 1158. Commissioner, etc., corruptly omitting name, is guilty of felony.-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 a 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. L. 1862, ch. 378, 4. 1159. Commissioner's other wilful neglect, a misdemeanor. - A wilful omission, by the commissioner, of a duty required of him by this article, other than that specified in the last section, is a misdemeanor. L. 1866, ch. 821, 8. 1160. Giving false information, or suppressing notice, a misdemeanor. 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 information 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 wilfully 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. L. 1858, ch. 322, § 9. § 1161. Penalty for physician giving false certificate. — A physician, who knowingly gives a false cer tificate, or makes a false representation, for the purpose of enabling or assisting a person, to be discharged, excused, or exempted from service, as a trial juror in the county of Kings, is guilty of a misdemeanor. New. 1162. Commissioner to report and pay over money. The commissioner of jurors must make a yearly report to the board of supervisors, of all proceedings had before him, or by him, in the discharge of his duties; and he must pay over to the county treasurer, at least once in each three months, all money in his hands, which he has received as commissioner. L. 1858, ch. 322, 40. TITLE V. Trial by jury. ARTICLE 1. Formation of the jury. 2. The verdict. ARTICLE FIRST. FORMATION OF THE JURY. 8zc. 1163. Clerk to prepare ballots of jurors for trial. 1164. Clerk to draw ballots. 1165. Mode of drawing ballots. 1166. Persons drawn, etc., to form the jury. 1167. Ballots drawn, when to be deposited in a second box. The word "a 19 omitted. SEC. 1169. Ballots of absentees, etc., to be returned to first box. 1170. New Jury may be drawn while first is empanelled. 1171. When talesmen to be procured, or jurors drawn from third box. 1172. When talesmen to be procured. 1173. If a sheriff is a party, court may appoint a person to act for him. 1174. Duty of sheriff and of talesmen. 1175. Jury competent, although containing only part or none of original panel. 1176. Two peremptory challenges in a civil action. 1177. No challenge allowed because officer drawing is a party, etc. 1178. No challenge allowed because officer notifying is a party, etc. 1179. Challenges in penal actions. 1180. Challenges how tried. Exceptions to and review of the determination of the court, in reference thereto. 1163. Clerk to prepare ballots of jurors for trial. At the opening of a term of a court of record at which issues of fact are to be tried by jury, the clerk must cause ballots, uniform, as nearly as may be, in appearance, to be prepared, by writing the name of each person, returned to the term as a trial juror, with his proper additions, on a separate piece of paper. He must roll up or fold each ballot, in the same manner, as nearly as may be, so as to resemble the others, and so that the name is not visible. The ballots must be deposited ia a sufficient box, from which they must be drawn, as prescribed in this article. 2 R. S. 420, 59 (2 Edm. 438). People v. Ransom, 7 Wend. 423; Cole v. Perry, 6 Cow. 584; Friery v. People, 2 Abb. App. Dec. 215; Ferris v. People, 35 N. Y. 125. § 1164. Clerk to draw ballots. When an issue of fact, to be tried by a jury, is brought to trial, the clerk, under the direction of the court, must openly draw, out of the box, as many of the ballots, one after another, as are sufficient to form a jury. Id., 60. Wakeman v. Sprague, 7 Cow. 720; McCloskey v. People, 5 Park. Cr. 308; Garduer v. Turner. 9 Johns. 260; and see cases cited in note to 1163, ante. 1165 Mode of drawing ballots.Before the first ballot is drawn, the box must be closed and well shaken, so as thoroughly to mix the ballots; and the clerk must draw each ballot, without seeing the name written on any of them, through an aperture, made in the lid of the box, large enough only to admit his hand conveniently. " Id., 66. |
