$353. Whenever a sufficient number of jurors, duly drawn and summoned, do not appear, or cannot be obtained, to form a jury, the court may order the sheriff to summon a sufficient number, (specifying the number) to complete the jury.

§ 354. In the city and county of New-York, the names of persons so required to complete the jury, shall be drawn by the county clerk, in the presence of the sheriff or under sheriff, and of one or more of the judges of the court, from the jury box.

§ 355. In any other county, the names of the jurors required to complete the jury, may, in the discretion of the court, be drawn as provided in the last section, or may be publicly designated by the court from the byslanders, or the body of the county.

§ 356. The sheriff shall summon the persons, whose names are so drawn, or designated Every person so summoned shall attend forth with, and serve as a juror, unless excused by the court; and for every neglect or refusal so to attend, shall be subject to fine, in the same manner as jurors regularly drawn and summoned as herein before provided; and the persons so summoned shall be subject to all exceptions and challenges, as other jurors.

§ 357. It shall not be a cause of challenge to any panel of jurors, in any action that the clerk of the county

who drew them, was a party or interested in such cause, or was counsel or attorney for, or related to, either party therein.

§ 358. It shall not be a good cause of challenge to the panel of jurors, in any action, that they were summoned by the sheriff who was a party, or interested therein, or related to either party therein, unless it be alleged in such challenge, and be satisfactorily shown, that some of the jurors drawn by the clerk were not summoned, and that such omission was intentional.

§ 359. In penal actions, it shall not be a good cause of challenge to the jurors summoned, or to any officer summoning them, that such juror or officer is liable to pay taxes in any town or county which may be benefited by the recovery.

§ 360. The plaintiff and defendant shall each be en'titled to challenge, peremptorily, two of the persons drawn as jurors, for any trial in a civil action; but peremptory challenges shail not be allowed to any one or more of several plaintiffs or defendants, without the concurrence of all the plaintiffs or defendants in the issue, who appear at the trial.

§ 361. At the opening of every court at which issues of fact are to be tried by jury, the clerk of such court shall cause the names of the several persons returned

as jurors by the sheriff, with their respective places of residence and occupations, to be written on several and distinct ballots; each in the same manner, as near as may be, and so as to resemble each other as much as possible, and so that the name written thereon shall not be visible. The ballots shall be deposited in a sufficient box, from which they shall be drawn, as hereinafter provided.

§362. When an issue shall be brought on for trial by jury, the clerk of the court, under its direction, shall openly draw out of the box, in which they were deposited, o many of the ballots containing the names of the jurors returned, one after another, as shall be sufficient to form a jury.

§ 363. The first twelve persons who shall appear, as their names are drawn and called, and shall be approved as indifferent between the parties, shall be sworn, and shall be the jury to try such issue.

364. The ballots containing the names of the jurors so sworn, shall be then deposited in another box, and there kept apart from the ballots containing the names of the other jurors, until such jury be discharged.

§ 365. After such jury shall have been discharged, the ballots containing their names shall be again folded, in the same manner as herein before directed, and returned to the box from which they were first taken;

and the same course shall be pursued, as often as any issue shall be brought on to be tried by jury.

§ 366. If an issue shall be brought on to be tried by a jury, while there shall be a jury empannelled in another action in the same court, and not then discharged, the court may order a jury to be drawn in the manner above directed, out of the box containing the ballots then undrawn; but in all other cases, the ballots containing all the names of all the jurors returned and appearing at such court, shall be placed together in the same box, before any jury shall be drawn therefrom.

§ 367. If, by reason of there being one or more juries empannelled, or for any other reason, there shall not remain any ballots undrawn; or if, in consequence of jurors being set aside, no juror can be obtained from the list of those returned by the sheriff, for the trial of an issue, the court may, as in other cases, order the sheriff, or if he be a party in such issue, some other person to be appointed by the court, to summon other jurors as provided in sections 354 and 355, who shall be returned and sworn, as hereinbefore directed, and shall be a competent jury for the trial of such issue, notwithstanding there may be none of the panel of jurors returned by the sheriff upon such jury.

§368. Before any jury shall be drawn, the box containing the ballots of the names of the jurors shall be closed, and shall be well shaken, so as to intermingle

such ballots: and the clerk shall draw such ballots, without seeing the names written on them, through a hole made in the lid of such box, so large only as conveniently to admit his hand.

§ 369. If a juror be absent at the time his name is drawn and called, or be set aside, or excused from serving the ballot containing his name shall be folded again, in the same manner as before, and returned to the box containing the undrawn ballots, so soon as the jury shall be sworn to try such issue.

§ 370. The jury heretofore known as the petit jury, is in this act, and may be hereafter, designated as, the trial jury.

§ 371. Part 4 of this act is substituted for the article of the Revised Statutes, "of the return and summoning of jurors;" and also for so much of the article of the Revised Statutes, "of trial and its incidents," as applies to the subject of this part, and also for the act to provide for additional challenges to jurors, passed April 12, 1847.

§ 372. Nothing in the first and second titles of this part, shall apply to the city and county of New-York, so far as to repeal any of the provisions contained in the "act in relation to jurors in the city of New-York," passed December 15, 1847.