§ 378. The order may require, that a jury be drawn for all or any of the terms of the court, or for a particular term; and must specify the number of jurors to be drawn, not exceeding thirty-six, and the name of the court for which they are to be drawn.

§ 379. If made by the court, the order must be entered upon its minutes, at least thirty days before the term for which the jury is ordered. If made by the board of surpervisors, a copy thereof, certified by the clerk of the board, must be filed with the clerk of the county, at least thirty days before the term; and when so filed, is conclusive evidence of the authority for the drawing of the jury.

§ 380. A misdescription of the title of the court, does not affect the validity of the order, if it can be plainly understood therefrom what court is intended.

§ 381. A judge of the supreme court elected in the first judicial district, if he think it necessay, may, by an order in writing, to be filed, at least thirty days before the court, with the clerk of the city and county of New-York, direct an additional number of jurors to be summoned for a court of oyer and terminer in that city and county.

By the 8th section of the act in relation to jurors in the city of New-York, Laws of 1847, p. 736, the several courts in that city may order as many jurors to be summoned for their respective courts, as in their judgment may be necessary. Some doubt has been expressed as to whether this

supersedes the former provisions, 2 R. S. 3d ed, 509, sec. 24, which are substantially the same as those contained in the proposed sections. These sections are in no respect inconsistent with the provisions of the local act referred to, and should, in the opinion of the Commissioners, be adopted, as tending to obviate the inconvenience often arising from the insufficiency of the number of jurors summoned for the circuit.

§382. At the opening of the court, the clerk must prepare separate ballots, containing the names of the persons returned as jurors, with their places of residence, and occupations, which must be folded as nearly alike as possible, and so that the name cannot be seen, and must deposit them in a sufficient box.

This section is taken substantially from 2 R. S., 3d ed., 516, sec. 59.

§383. When the indictment is called for trial, and before drawing the jury, either party may require the names of all the jurors in the panel to be called, and that an attachment issue against those who are absent; but the court may, in its discretion, wait or not, for the return of the attachment.

Designed to enforce the performance of jury duty, and to insure, if practicable, a trial by the panel summoned for that purpose.

§ 384. Before the name of any juror is drawn, the box must be closed, and shaken, so as to intermingle the ballots therein. The clerk must then, without looking at the ballots, draw them from the box, through a

hole in the lid, so large only as conveniently to admit

the hand.

In substantial conformity with 2 R S., 3d. ed., 517, sec. 66.

§ 385. When the jury is completed, the ballots containing the names of the jurors sworn, must be laid aside, and kept apart from the ballots containing the names of the other jurors, until the jury so sworn is discharged.

Taken from. 2 R. S., 3d. ed., 516, sec. 62,

§ 386. After the jury are so discharged, the ballots, containing their names, must be again folded, and returned to the box; and so on, as often as a trial is had.

Taken from 2 R. S., 3d ed., 516, sec. 63.

§ 387. If a juror be absent, when his name is drawn, or be set aside, or excused from serving on the trial, the ballot containing his name must be folded, and returned to the box, as soon as the jury is sworn.

Taken from 2 R. S, 3d ed., 517, sec 67.

§ 388. When a jury has been duly drawn and summoned, if, upon calling the indictment for trial, twentyfour of the jurors summoned do not appear, the court must order the sheriff to summon as many persons as may think proper, at least sufficient to make twentyfour jurors, from whom a jury for the trial of the indictment must be selected.

it

The provision of the Revised Statutes on this subject is as follows: "When twenty-four jurors, duly drawn and summoned do not appear, or when, by reason of there being one or more juries impanelled, or in consequence of jurors being set aside, or for any other reason, there shall not remain twenty-four ballots, containing the names of jurors then attending, the court shall order the sheriff to summon from the by-standers, or from the county at large, so many persons qualified to serve as jurors, as shall be necessary to make at least twenty-four jurors, from whom a jury for the trial of the indictment may be selected." 2 R. S., 3d ed., 819, sec. 3.

The proposed section is the same in substance as that quoted, except that the court is authorised to direct the summoning of" as many persons as it may think proper, at least sufficient to make twenty-four jurors," instead of “ so many persons qualified to serve as jurors, as shall be necessary to make at least twenty-four jurors," in conformity with the construction given to the provision of the Revised Statutes, in The People v. Colt, 3 Hill, 435, 436.

§ 389. In the city and county of New-York, the names of the persons required to complete the jury, must be drawn by the county clerk, in the presence of the sheriff or under sheriff, and of one or more of the members of the court, from the trial jury box of that city and county. The drawing must be conducted, in all respects, as prescribed by the code of civil procedure, in relation to the drawing of a grand jury.

§ 390. In any other county, the names of the persons 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 bystanders, or the body of the county.

§ 391. The names of the persons summoned to complete the jury, must be written on distinct pieces of paper, folded each as nearly alike as possible, and so that the name can not be seen, and must be deposited in the box mentioned in section 382.

§392. The clerk must thereupon, under the direction of the court, publicly draw out of the box, so many of the ballots, one after another, as are sufficient to form the jury.

See notes to sections 229, 230, p. 107, 108.

§393. The jury consists of twelve men, chosen by lot as prescribed in this chapter, and sworn to try and determine the issue by an unanimous verdict.

§394. If a sufficient number cannot be obtained from the box to form a jury, the court may, as often as is necessary, order the sheriff to summon so many persons, qualified to serve as jurors, as it deems sufficient, to form a jury; and the provisions of sections 389 and 390 govern the execution of the order. The jurors so summoned must be called from the list returned by the sheriff, and so many of them, not excused or discharged, as may be necessary to complete the jury, must be impanelled and sworn.