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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.1

(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, 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.

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

1 2 R. S., 734, § 14.

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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

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12 R. S., 415, § 99.

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' 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.

* 1 R. S., 631, § 95.

Laws 1848, ch. 188; 2 R. S., 412, § 7.

serving as jurors, by reason of having served as firemen, for the period required by law. When the court shall have discharged the juror for any of the causes above specified, the clerk shall destroy the ballot containing the name of such juror.2

(b.) What Jurors to be Excused.-The court to which any person shall be returned as a juror, shall also excuse any juror from serving at such court whenever it shall appear:

1. That he is a practising physician and has patients requiring his attention.

2. That he is a surrogate or justice of the peace, or executes any other civil office, the duties of which are at the time inconsistent with his attendance as a juror.

3. That he is a teacher in any school, actually employed and serving as such.

4. When for any other reason the interests of the public or of the individual juror will be materially injured by such attendance, or his own health, or that of any member of his family requires his absence from such court.3

In the county of Kings, the court before whom any person is summoned as a juror, may also excuse such person from serving whenever it shall satisfactorily appear:

1 That he has actually performed jury duty under the act for that county within six months next preceding the sitting of such jury, and since the second Monday in August preceding such sitting.

2. That he has actually performed duty as a grand juror since the first Monday in September next preceding the sitting of such jury.

3. That the interests of the public, or of the individual juror, will be materially injured by such attendance, or that his own health or the health of his family requires his absence from such court.4

When any person shall be so excused from serving, his name shall be returned to the box from which it was taken.5

1 Laws 1847, ch. 495, § 13.

22 R. S., 415, § 100.

2 R. S., 416, § 101.

Laws 1858, ch. 322, § 11.
Idem.

The petit juror desiring to be excused from the performance of jury duty, makes his application to the court, and the same oath is administered to him by the clerk as in the case of a grand juror asking to be excused.1

§ 93. CLERK'S ADDRESS TO PRISONER BEFORE CALLING THE JURY. The prisoner being in court before the trial commences, the clerk of the court addresses the prisoner as follows:

"A B. These good men that you shall now hear called are the jurors, who are to pass between the people of the State of New York and you (or, if in a capital case, to pass upon your life and death); if, therefore, you will challenge them, as they come to the book to be sworn and before they are sworn, you shall be heard."

(The crier then calls the jurors one at a time, as they are drawn by the clerk, and when the juror comes to the stand and is ready to be sworn the clerk says): "Juror, look upon the prisoner; prisoner, look upon the juror."

§ 94. OF CHALLENGES TO THE JURORS.

When the trial is called on, the jurors are to be sworn as they are called, unless challenged by either party. The term challenge is used in law for an exception to the jurors who are returned to pass on a trial.3 These challenges are of two kinds: challenges to the array or to the polls, and each of these is again subdivided into principal challenges and challenges to the favor, and may be taken by the people as well as by the prisoner.

In addition to the above challenges, which are designated as challenges for cause, both the prisoner and the people are also entitled by statute to certain peremptory challenges, without assigning any reason therefor, and to be made or omitted according to the pleasure, will or caprice of either party.

For the sake of convenience we shall first mention the different kinds of challenges allowed to the people and the prisoner respectively, and then discuss the several cases of challenge that may arise.

'Ante, page 240.

4 Blac. Com., 352; 3 Id., 358.

1 Arch. Cr. P., § 163, note.

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