Page images
PDF
EPUB

7. The minute of the drawing must then be signed

by the clerk and the attending officers, and immediately filed in the clerk's office.

drawn as

§ 269. A panel of the names of the persons grand jurors, with their places of residence and occupations, and stating for what court they were drawn, must then be made and certified by the clerk and the attending officers, and delivered without delay to the sheriff of the county.

§ 270. If the grand jury be drawn for a city court, the fact of the return to the grand jury box, of a ballot containing the name of a person not stated thereon, to reside in the city in which the court is established, as provided in section 259, must be entered in the minute of the drawing, and the grand jury must be completed from the names of persons residing in that city.

§ 271. At least six days before the court, the sheriff must summon the persons named in the panel delivered to him, to attend the court, by giving written notice to each of them personally, or by leaving it at his place of residence, with some person of suitable age and discretion.

§ 272. The sheriff must also return the panel to the court, at its opening, specifying the persons summoned, and the manner in which each was notified.

§ 273. The court to which the panel of grand jurors is returned by the sheriff, may impose a fine not exceeding twenty-five dollars, for each day a grand juror, without reasonable cause, neglects to attend. If, however, the notice to attend were not personally served, the fine cannot be imposed, until, upon an order to show cause, an opportunity is afforded him to be heard.

§ 274. At any time after the drawing of the grand jury, the county clerk or sheriff must, without charge, furnish any person applying therefor, a copy of the panel thereof.

§ 275. The county clerk must preserve the ballots drawn, as provided in section 268, until after the adjournment of the court, and must then, if he be also the clerk of that court, or if not, upon receiving the certificate mentioned in the next section,

1. Destroy the ballots containing the names of those who were discharged, for want of a qualification mentioned in section 251, or by reason of an exemption mentioned in section 252:

2. Deposit in the grand jury box, the ballots containing the names of those who did not appear, or were discharged, for any other reason than those mentioned in the last subdivision:

3. Deposit in the box of drawn grand jurors, the ballots containing the names of those who attended and served.

§ 276. The clerk of the court, when he is not also the county clerk, must, within one week after its adjournment, deliver to the county clerk a certified list of all the grand jurors returned to the court, specifying,

1. Those who were discharged for want of qualification, or by reason of exemption:

2. Those who did not appear, or were discharged for any other reason:

3. Those who attended and served.

§ 277. When a person drawn as a grand juror has attended and performed his duty, during the year for which his name was returned, he cannot again be required to serve as a grand juror during that year, except as provided in the next section.

§ 278. If a new grand jury list be not returned to the county clerk, before the list for the year is exhausted, he must draw the grand jurors from the box of drawn grand jurors; and persons so drawn must be summoned, and must serve, and are subject to the same penalties for neglect, as if the year had not expired.

§ 279. When a person is drawn both as a grand and trial juror for the same court, his name must be omitted from the panel of trial jurors, and another name drawn in its place; but after the completion of the drawing of trial jurors, his name must be returned to the trial jury box.

ARTICLE IV.

MANNER OF RETURNING THE TRIAL JURY LIST, EXCEPT IN THE CITY

SECTION 280.

OF NEW-YORK.

Assessors to prepare county jury list, and justice's jury list.

281. Manner of designating jurors on each.

282. Manner of returning jury lists.

283. Justices to have jury boxes.

284. New ballots to be prepared annually.

280. The assessors of the several towns or wards in each county, except the city and county of New-York, at their annual meeting for the purpose of completing the assessment roll, must make two lists, the one denominated the county trial jury list, the other the justices' jury list, containing the names of persons to serve as trial jurors, until a new list is returned.

§ 281. In preparing the trial jury lists, the assessors must select for the county jury list, the names of not more than one-fourth, nor less than one-fifth of those persons assessed who are known or believed to be possessed of the qualifications prescribed in section 251, and not entitled to exemption, as provided in section 252. The lists must contain the christian and surname at length, and the place of residence and occupation, of each person named therein.

§ 282. The assessors must divide the justice's jury list into parts, corresponding, in a town, with the number of justices therein; and in a city, with the number of

justice's districts therein, and must deliver to each justice in a town and justice's clerk in a city, his jury list, duly certified by them. They must also, without delay, transmit to the county clerk's office, the county jury list, certified by them On the justice's jury list in cities, there must be placed those jurors only who reside in the city; and in all cases the jurors who reside nearest the justice's office, must, as far as practicable, be placed on his list. The number of jurors on the lists may be unequal, reference being had to the location and estimated amount of business of each justice.

§ 283. Each clerk and justice mentioned in the last section, must keep in his office two sufficient boxes, carefully secured, the one of which is denominated the undrawn jury box, and the other the drawn jury box.

§ 284. On receiving the justice's jury list, the clerk or justice must destroy all ballots remaining in both boxes, and must prepare, and deposite in the undrawn jury box, separate ballots containing the name of each person embraced in the list, and folded as nearly alike as possible, and so that the name cannot be seen.

« PreviousContinue »