for any county court or court of sessions, may designate any day during the term that he may deem expedient, on which the petit jurors shall attend for the trial of any issue of fact, and the sheriff shall summon such jurors on the day designated.1

§ 92. OF THE QUALIFICATIONS OF JURORS, AND DISCHARGING AND

EXCUSING THEM FROM JURY DUTY.

The qualifications of the jurors are fixed by the Revised Statutes of the State.2

They must be:

1. Male inhabitants of the town from whence selected not exempt from serving on juries.

2. Of the age of twenty-one years or upwards and under sixty years old.

3. They must be assessed, for personal property belonging to them in their own own right, to the amount of two hundred and fifty dollars, or shall have a freehold estate in real property in the county belonging to them, in their own right or in the right of their wives, to the value of one hundred and fifty dollars."

In certain counties of the State, viz: Niagara, Erie, Chautauqua, Cattaraugus, Allegany, Genesee, Orleans, Monroe, Livingston, Jefferson, Lewis, St. Lawrence, Steuben, and Franklin, persons holding an interest in a contract for the purchase of land, under which improvements have been made to the value of one hundred and fifty dollars, and who shall own such improvements, and who have been assessed on the last assessment roll of the town for such land in their possession, have a sufficient property qualification."

So also persons residing on the New Stockbridge tract, in the towns of Vernon and Augusta in the county of Oneida, and Lennox and Smithfield in the county of Madison, who shall be in the possession of lands under a contract for the purchase thereof, and shall be worth one hundred and fifty dollars in personal property, or shall have made improvements upon lands to that amount, are deemed to possess property qualifications to serve as jurors in any court holden before a justice of the peace in the town.5

1 Laws 1861, ch. 8, p. 14.

22 R. S., 412, § 5.

. Id.

2 R. S., 412, § 6.

• Id., 7.

In the city of New York it is not necessary, as a qualification for a juror that he should be actually assessed in said city; but all persons residing in said city, who shall be qualified to serve as jurors and not exempted by any of the laws of this State, shall be selected as such whether they have been assessed or not.1

4. They must be in the possession of their natural faculties, and not infirm or decrepid.

5. And free from all legal exceptions, of fair character, of approved integrity, of sound judgment, and well informed.2 Aliens are also incapable of serving upon juries.

County of Kings.-In the county of Kings it is declared that, in addition to the above qualifications of jurors, that the assessor and commissioner of jurors in that county shall not select as jurors the persons named in the act appointing such commissioner as exempt from the performance of jury duty.

The act above referred to, in relation to the county of Kings, provides that every person shall be exempt from serving on a jury when it shall satisfactorily appear:

1. That such person is not at the time the owner in his own right, or in the right of his wife, of real property of the value of one hundred and fifty dollars, or of personal property of the value of two hundred and fifty dollars.*

2. That such person is under the age of twenty-one years, or over sixty years of age, or is not in the possession of his natural faculties, or that there is any legal exception against him.

3. That such person is a minister of the gospel, and officiating as such, and not regularly engaged in any other business, avocation or calling.

4. That such person is a regular practising physician or surgeon, and has patients requiring his daily attention as a practitioner of medicine, and is not regularly engaged in other business.

5. That such person is a member of the bar of the Supreme Court of this State in actual practice, having causes in court, and is not regularly engaged in any other avocation.

4

6. That such person is a justice of the peace, or holds any other

'Laws 1847, ch. 495, § 1.

'2 R. S., 412, § 5.

'2 R. S., 721, § 29.

2 R. S., 412, § 52.

civil office under the United States, State, county or city, the duties of which are at the time inconsistent with his attendance as a juror.

7. That such person is actually engaged as a professor or teacher in any college, academy or public school, or in any private school for the instruction of pupils in the usual branches of education.

8. That such person is a pilot, duly licensed in pursuance of any law of this State, and at the time is in actual discharge of his duties as such.

9. That such person has faithfully served in any duly organized fire department or company in this State for the period prescribed by law, to entitle him to exemption from jury duty, or is at the time a member of any company of firemen duly organized according to law, and faithfully performing all the duty of a fireman therein, the evidence of which shall be the certificate thereto of the foreman or other chief officer of such company, duly verified by his oath, and dated within three months of its presentation, when it relates to service not already completed.

10. That such person is an officer, non-commissioned officer or private, in any brigade, regiment, battalion, company or troop in said county of Kings, duly uniformed and equipped according to law, and faithfully performing all the duty of a soldier therein, by making the parades and attending the drills, inspections and reviews required by law, or who shall have done so for the period prescribed by law to entitle him to exemption from jury duty. The evidence of such exemption to be the certificate of the commandant of such brigade, regiment, battalion, company or troop, duly verified by his oath, dated within three months of the time of presentation, when relating to service not already completed; such certificate to be filed with the commissioner of jurors for that county.

11. That such person is an alien.

12. That such person does not himself reside in the county of Kings, or that he is mentally or physically incapable of performing jury duty.

13. That such person belongs to the army or navy of the United States, or to the police force of the city of Brooklyn or of the police district.1

1 Laws 1858, ch. 322, § 10.

It is also further provided by statute, that persons of any religious denomination, whose opinions are such as to preclude them from finding any defendant guilty of an offence punishable with death, shall not be compelled or allowed to serve as jurors on the trial of an indictment for any offence punishable with death.1 It is not the opinions upon this subject of the religious denomination to which juror belongs, which excludes him, but his own opinions; and therefore, if he entertains opinions which are such as to preclude from finding a defendant guilty of an offence punishable with death, he is incompetent as a juror, though he does not belong to a religious denomination.2

Also, no person who was a member of the grand jury or inquest, by which any indictment shall be found, shall serve as a petit juror for the trial of such indictment, if he be challenged for that cause by the accused.3

Neither shall any alien be entitled to a jury of part aliens or strangers for the trial of any indictment whatever."

(a) What Jurors to be Discharged.-The court shall discharge any person from serving on a jury in the following cases:

1. When it shall satisfactorily appear that such person is not at the time the owner in his own right or in the right of his wife of a freehold estate in real property, situated within the county, of the value of one hundred and fifty dollars, and is not the owner of personal property to the value of two hundred and fifty dollars; and in the counties hereinbefore specified,5 that such person is not possessed of the property qualification therein required.

2. When it shall appear that any such person is under twentyone years of age or over sixty years of age, or that he is not in possession of any of his rational faculties.

3. When there is any legal exception against such person." 4. When such person is a member of any fire company duly organized according to law.

5. When such person is in the actual employment of any glass,

cotton, linen, woolen or iron manufacturing company by the year, month or season.

6. When such person is a superintendent, engineer or collector of any canal authorized by the laws of this State, any portion of which shall be actually constructed and navigated.

7. When any such person is a minister of the gospel or teacher in any college or academy, or when such person is specially exempted by law from serving on juries.1

Among others, the following persons are specially exempted from jury duty: All general and staff officers, all field officers, and all commissioned officers, and non-commissioned officers, musicians and privates of the military forces of this State during the time they shall perform military duty. All operators, assistant operators, clerks and other persons, in the employ of the different telegraph companies in the State, while doing duty in the offices of said companies, or along the routes of their telegraph lines. Also, every collector of tolls, the clerk of each collector, not execeeding two, having the collector's certificate that they are actually employed by him; and all superintendents of repairs, lock-tenders, inspectors of boats and weigh-masters, while actually engaged in their respective employments on the canals, while the same are navigable. Also, the superintendent and each of his deputies, and all persons employed in attendance upon any works for the manufacturing of coarse salt, at the Onondaga salt springs. Also, the keepers of poor houses and alms houses. Also, persons who shall have served for five years as firemen in any of the cities or villages of this State. In the city of New York, no firemen shall be exempted from jury duty unless he actually performs all the duty of a fireman in his company; and to entitle him to such exemption, he must produce a certificate of his foreman or other chief officer of his company, that he is a faithful, and an acting member thereof. The above provisions, however, does not affect those who are exempt from

1 2 R. S., 415, § 99.

5

* Laws 1862, ch. 477, § 146; 2 R. S., 415, § 99, sub 4.

* Laws 1861, ch. 215, p. 532.

1 R. S., 250, § 348.

1 R. S., 278, § 236.