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tributed equally, as nearly as may be, among the jurors; and ballots shall be deposited in the box, at the beginning of each month, containing the names of the jurors designated for that month.

New.

§ 1113. Amended, 1895.] Remitting and enforcing jury fines.-Upon receiving the return to the minute and certificate required by the provisions of section ten hundred and eighty-nine to be filed in the office of the commissioner of jurors, and the certificate required to be transmitted to said commissioner of jurors, as prescribed in section eleven hundred and eleven,' said commissioner shall transmit a list of the delinquent jurors who have been returned as fined, to the counsel to the corporation of said city, whose duty it shall be to apply forthwith to a judge of the court in which such fine shall have been imposed, for an order directing each delinquent trial juror, returned as having been fined in such court, to show cause before the judge by whom such fine was imposed, or such other judge as may be designated in such order, should the judge by whom such fine was imposed have ceased to be a member of such court, or for any other reason shall be unable to hear such proceeding at a time and place to be named therein, why the payment of the fine should not be enforced. In case of the absence of such judge at the time and place mentioned in said order, the proceedings thereunder may be conducted before such other judge of said court as may be then and there present. Said order shall be served upon the persons to whom the same is addressed, by delivering to each one personally, and leaving with him, a copy of the same. It shall be the duty of the commissioner of jurors to cause such orders to be served.

Such service may be made by any person by whom a summons in a civil action in a court of record might be served who may be designated for the purpose of* the commissioner of jurors and proof of such service may be made by affidavit. The proofs of such service shall be transmitted to the counsel to the corporation. In case of failure to make such service it shall be the duty of the commissioner of jurors to transmit to the counsel

*So in original.

to the corporation the affidavit of the person charged with the duty of making such service, setting forth the reasons for such failure and the efforts made to effect such service. As many delinquents may be included in one proceeding as the counsel to the corporation may determine, but the copy of the order required to be served upon each delinquent need not specify the names of other delinquents included in the same proceeding. If the delinquent attends in obedience to said order to show cause, the judge before whom the same is heard, may, for good cause shown, remit such fine in whole or in part. If such fine is not remitted, or is remitted only in part, the judge shall order the said fine, or so much thereof as shall not have been remitted as the case may be, to be enforced. If the delinquent shall fail to ap pear, a like order shall be made for the enforcement of the fine upon due proof by affidavit of the service upon such delinquent of such order to show cause. In all cases in which a fine shall be ordered to be enforced in whole or in part, costs not exceeding ten dollars in each case, shall be awarded against the delinquent, which shall be added to and form a part of the fine to be enforced. The order for the enforcement of a fine, in whole or in part, shall be conclusive with respect thereto. An appeal may be taken from any such order not made on default to the appellate division of the court, to which an appeal now lies from any order or judgment made or rendered in the court in which such fine is imposed. Such appeal shall be taken in the same time and in like manner as is now provided by law in relation to appeals from orders made in such court and shall be final.

In effect Jan. 1, 1896; L. 1895, ch. 946.

§ 1114. Board for enforcement of jury fines. [Reyealed ch. 343 of 1889; in effect Oct. 1, 1889.]

§1115. General powers of board.

343 of 1889; in effect Oct. 1, 1889.]

[Repealed ch.

§ 1116. Commissioner to issue warrants to sheriff. epealed ch. 343 of 1889; in effect Oct. 1, 1889.]

§ 1117. [Amended, 1889.] Uncollected fines, entercement of. All orders for the enforcement of the

payment of fines shall be filed in the office of the county clerk in said city, who must make in the docket-book of judgments kept by him in the same entries, as nearly as may be, with respect to each fine, as if it were a final judgment rendered in action. When the entries have been made, the fine, including costs with interest thereon, from the date of the order of enforcement, becomes a lien upon the real property of the person fined, in like manner and to the same extent as if it was recovered by a judgment in the supreme court, and an execution to collect it may be issued, directed to the sheriff of the city and county of New-York, as upon such 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 execution issued thereupon. Upon the return of any such execution unsatisfied, in whole or in part, the court in which such fine shall have been imposed shall have power, on the application of the commissioner of jurors, and upon such notice as the court shall direct, to punish the delinquent juror for misconduct, in failing to pay such fine, or as much thereof as may remain unpaid, by imprisonment not exceeding thirty days in the county jail. In effect Oct. 1, 1889.

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$1118. [Amended, 1889.] Commissioner to ceive fines; accounts of. The commissioner of jurors must receive all moneys paid or collected for fines or penalties, as prescribed in this article; and he may make all payments therefrom, which he is authorized by this article to make. He must give a receipt for any money paid to him, for a fine or penalty. He must keep a just and faithful account of all receipts and payments, by items, showing the name of the person from whom each sum of money was received and to whom each sum of money was paid; and must, at all reasonable times, keep his account open to public inspection. At the end of each calendar year, his account must be verified by his affidavit, to the effect that it is in all respects just and true; and that he has not received any sum of money during the year, for which he has not charged himself in the account;

and the commissioner must thereupon pay over to the chamberlain of the city, the balance, if any, in his hands. The account must immediately be transmitted by the commissioner to the clerk of the board of aldermen, and must be published in the newspaper designated as prescribed by law, for the publication of the official proceedings of city officers.

Am'd ch. 343 of 1889; in effect, Oct. 1, 1889.

§ 1119. [Amended, 1889.] Corporation counsel to prosecute, etc.- The counsel to the corporation shall conduct all the proceedings for the enforcement and collection of such fines, in the name and on behalf of the commissioner of jurors. He shall also, when required by the commissioner of jurors, prosecute, in the proper court, an action for the collection of each penalty incurred as prescribed in this article; unless he is satisfied, upon an examination of the case, that there is a defense to the action. The action for the collection of a penalty must be maintained in the name of the mayor, aldermen and commonalty of the city of New-York, as plaintiffs. The commissioner, with the assent of the counsel to the corporation, may compromise, settle or discontinue an action so brought. The proceeds of an action prosecuted to judgment and execution or compromise as prescribed in this action must be paid to the commissioner. It shall be the duty of the counsel to the corporation to make a separate report once every three months to the mayor of said city, which report shall state the number and names of the persons fined according to the papers transmitted to him by the commissioner of jurors, since his last report, the amount of such fines, the number and names of the persons proceeded against by him since his last report, the number and names of the persons against whom orders for the

enforcement of fines shall have been made since his last report, the names of the persons whose fines shall have been remitted in whole or in part, and the amounts; with the reasons therefor as far as the same may be ascertainable; also a statement of all proceedings whensoever taken, in which the remedies for the collection of such fines shall not have been exhausted, showing the condition of each proceeding. He shall also state the amount of fines collected during the three months preceding said report, and the disposition of the same. It shall be the duty of the mayor to cause said report to be published in the City Record within ten days after the same is received by him.

Am'd ch. 343 of 1889; in effect Oct. 1, 1889.

§ 1120. Penalty for physician giving false certifi cate. A physician, who knowingly gives a false certificate, 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 city and county of New-York, is guilty of a misde

meanor.

L. 1870, ch. 539, § 12, am'd.

§ 1121. Persons required to furnish information; penalty for refusal, etc.—A person, to whom application is made, within the city of New-York, by the commissioner of jurors, or by his authority, 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 the commissioner of jurors, or to a person acting by his authority, a false representation, as to the identity, residence, or any other matter, relating to the liability of himself,

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