TITLE 4. Certificate to be made, and boxes' sealed up. Subse quent ballot must then be deposited in a second box, provided for that purpose, and constructed like the first box. Another ballot must then be drawn, in like manner, from the first box: and the same process must be repeated, until the requisite number has been drawn; except that each name must be checkmarked in its numerical order. § 1143. When the drawing is completed, the commissioner, and the judges by whom it was conducted, must sign a minute, at the end of the copy of the lists, upon which the checkmarks have been made, setting forth that the trial jurors, whose names are contained therein, were duly drawn by them, for the court and the term therein specified, in the order denoted by the figures. The judges must then close each box; and place upon the cover thereof, their seals, which must not be broken, except when necessary for a subsequent drawing. § 1144. The proceedings, upon each subsequent drawing, are the drawings; same; but the list, must be checkmarked with numbers, commencing ducted. with the number next in order, after the last number used at the preceding drawing. how con Proceedings when first box § 1145. After all the ballots have been drawn from the first box, and deposited in the second box, the commissioner must make a new list, exhausted. by copying the lists used upon the preceding drawings, omitting the checkmarks. He must then correct it, by properly indicating each person who has been found to be disqualified, exempt, dead, or not resident within the county; and each person, who has been excused, and for what time. Thereafter, when trial jurors are drawn, the ballots must be drawn from the second box; the names must be checkmarked on the corrected list; and the ballots not used must be deposited in the first box; except that where a ballot is drawn, containing the name of a person indicated, on the corrected list, as disqualified, exempt, dead, or non-resident, it must be destroyed; and a ballot, containing the name of a person who has been excused, for a period then unexpired, must be returned to the box from which it was drawn, without checkmarking. Commis sioner to transmit panel to sheriff; sheriff to rors. § 1146. Immediately after each drawing of trial jurors, the commissioner must prepare a panel, verified by his affidavit, containing the names of the jurors drawn, with the proper additions of each, and stating for what court and for what term, they were drawn. He must notify ju- transmit the panel to the sheriff of the county, who must keep it on file, in his office, for public inspection. The sheriff must forthwith notify each juror named therein, to attend the term for which he was drawn, by serving upon him a notice to that effect, addressed to him. The notice may be served personally, or by leaving it at the juror's residence, or usual place of business, with a person of proper age and discretion. It must specify the days, during which the juror is required to be present; and it may contain copies of such portions of this article, as the sheriff deems proper. Days for which the jurors are fied. Excusing jurors, and changing days of their at to be noti § 1147. The thirty-six trial jurors, first drawn for a term, or such other number as the judge, appointed to hold or preside at the term, directs, must be notified to be present, during the first six days of the term; and the thirty-six trial jurors next drawn, or such other number as the judge directs, must be notified to be present, during the next six days of the term; and a like number during each succeeding six days. tendance. The judge, holding or presiding at the term, may, in his discretion, on the application of a trial juror, excuse him, from the whole or a part of the time of service, required of him. The judge may also change the time of service of a juror to a later day, during the same, or a sub sequent term of the court. Each juror, whose time of service is changed to a day certain, must attend, at the opening of court on that day, and thereafter until discharged, without further notice. If he fails so to do, he is liable to the same punishment, as if he had been personally notified by the sheriff, to attend the term, and to be present on that day. The clerk of the court must enter in a book, kept for that purpose, the name of each juror, who is so excused, or whose time of service is changed. ᎪᎡᎢ. 2. turn of § 1148. Before the commencement of each term of a court, for which sheriff to trial jurors have been drawn, as prescribed in this article, the sheriff make remust file, with the clerk, the panel, or a copy of the panel, with a jurors noti return, under his hand, indorsed thereupon, or annexed thereto, show- ed. ing the name and additions of each juror notified, the days during which he was notified to attend, and the manner in which he was notified. order a How § 1149. At any time during the sitting of a term of a court of record Court may in the county, the court may direct an additional number of trial at any time jurors, to be drawn for that term. The order must specify the number new panel. to be drawn, and the time of drawing. The drawing must be con- drawn. ducted as prescribed in sections eleven hundred and forty-one, eleven hundred and forty-two, and eleven hundred and forty-three of this act, except that notice is not required. The sheriff must forthwith notify each juror drawn, by such a notice as the court directs, to attend the term, at the time specified in the order. certain ings. § 1150. In a special proceeding, pending before the county judge of Jurors in Kings county, in which a trial jury is necessary, the judge may special empanel a jury, from the trial jurors, who are serving, at the time, in proceedthe court of sessions of the county. In a special proceeding, pending before a judge of the city court of Brooklyn, in which a trial jury is necessary, the judge may empanel a jury, from the trial jurors, who are serving, at the time, in that court. If there are no jurors serving in the court of sessions, or in the city court, as the case may be, the judge may make an order, requiring the commissioner of jurors to draw the number of trial jurors, designated therein; whereupon the commissioner must draw the requisite number, and the sheriff must notify them, as prescribed in this article, for drawing and notifying other trial jurors. § 1151. The board of supervisors of the county must allow to each Compensajudge, including each justice of the supreme court, for the services tion to judges, performed by him, as prescribed in this article, such compensation, as etc., for serthe board deems reasonable and proper. § 1152. Where a person, duly drawn and notified to attend a term of a court of record, as a trial juror, fails to attend, at the time specified in the notice, or from day to day, the court, at that term, must impose upon him a fine of twenty-five dollars, for each day that he fails so to attend. This section applies to a special juror, as well as to an ordinary trial juror. vices under this article. Court of record to fine juror for non-at tendance. also be ar to serve. § 1153. Where a person, duly drawn and notified, fails to attend and Juror may serve, at a term of a court of record, as required by law, without hav- rested, and ing been excused, the court, besides imposing a fine, as prescribed in compelled the last section, may direct the sheriff to arrest him, and bring him before the court; and, when he has been so brought, it may, in its discretion, compel him to serve. sioner to § 1154. The commissioner of jurors must cause a notice to be served Commisupon each delinquent trial juror, returned as having been fined, stating notify ju TITLE 4. rors fined to appear; board and enforcement of fines. the sum in which, and the term at which he was fined, and requiring him to show cause, if he has any, before the board, specified in this board for section, at the commissioner's office, on a day, not less than three days thereafter, and at an hour specified in the notice, why the fine should be remitted. The commissioner must notify the justices of the supreme court, residing in the county, the county judge, and the chief-judge of the city court of Brooklyn, to attend at the same time and place, and act with him as a board, for the remission and enforcement of jury fines. It is their duty to attend, and act accordingly. The commissioner, and two of those justices or judges, constitute a quorum. The board may, in its discretion, hear testimony; and it may, from time to time, adjourn the meeting, or the hearing or final disposition of a particular case. It may remit the whole or any part of a fine; but a fine shall not be remitted or reduced, unless the person, upon whom it has been imposed, or, if a reason satisfactory to the board is given, why his affidavit cannot be furnished, another person in his behalf, makes, and files with the commissioner, an affidavit, stating the grounds, upon which a remission or reduction is claimed. Each affidavit, so filed, must be kept open to public inspection. Commissioner to collect fines, and to make re § 1155. The commissioner of jurors must receive each fine, paid or collected, as prescribed in this article. When ten days have expired, since the final disposition of a case by the board, the commissioner turn of un- must file, in the office of the clerk of the court, a return, containing the precept name of each juror fined, whose fine remains unpaid, and a statement thereupon. of the sum remaining unpaid. The clerk must thereupon issue to the paid fines; commissioner, a precept, under the seal of the court, specifying the name of each person fined, and the amount of his fine remaining unpaid; and commanding the commissioner to levy and enforce collection of each fine, and to return the precept, with his doings thereupon, within ninety days after the receipt thereof. For the purpose of collecting a fine, the commissioner must levy upon and sell the personal property of a person fined, with like effect, and subject to the same provisions of law, as where a sheriff levies upon and sells personal property, by virtue of an execution, issued upon a judgment of a court of record. § 1156. The commissioner must return the precept, according to its under pre- command, to the clerk of the court issuing it. If he fails so to do, the cept, to be court may enforce the return, by attachment for contempt. When the and en- precept is returned, the clerk must make, in the docket of judgments judgments. kept by him, the same entries, as nearly as may be, with respect to Fines, not collected docketed forced as When lien discharged. each uncollected fine, as if it was a final judgment, rendered in an action. If the fine was imposed at a term of the city court of Brooklyn, the clerk thereof must immediately transmit a transcript of the entries, to the clerk of the county of Kings; who must file it, and make the appropriate entries in his docket of judgments. When the entries have been made, the fine, with interest, becomes a lien upon the real property of the person fined, as if it was recovered by a judgment in the same court; and an execution to collect it may be issued, directed to the sheriff of the county of Kings, as upon 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. § 1157. The lien, created by such a docket, must be discharged by the county clerk, on filing with him the commissioner's certificate of payment. ART. 1. omitting guilty of § 1158. If the commissioner of jurors, or either of his assistants, or Commis- sioner's a misde- false infor- ing notice, § 1159. A wilful omission, by the commissioner, of a duty required Commis- meanor. § 1161. A physician, who knowingly gives a false certificate, or Penalty for report and § 1162. The commissioner of jurors must make a yearly report to the Commis- money. TITLE 5. Clerk to prepare jurors for trial. 1169. Ballots of absentees, etc., to be returned to first box. 1173. If sheriff is a party, court may appoint a person to act for him. 1175. Jury competent, although containing none of original panel. 1177. No challenge allowed because officer drawing is a party, etc. 1179. Challenges in penal actions. 1180. Challenges how tried. Exceptions to and review of the determination of the court, in reference thereto. § 1163. At the opening of a term of a court of record at which issues ballots of of fact are to be tried by jury, the clerk must cause ballots, uniform, as nearly as may be, in appearance, to be prepared, by writing the name of each person, returned to the term as a trial juror, with his proper additions, on a separate piece of paper. He must roll up or fold each ballot, in the same manner, as nearly as may be, so as to resemble the others, and so that the name is not visible. The ballots must be deposited in a sufficient box, from which they must be drawn, as prescribed in this article. Clerk to draw ballots. Mode of drawing ballots. Persons drawn, etc., to form the jury. Ballots drawn, deposited §1164. When an issue of fact, to be tried by a jury, is brought to trial, the clerk, under the direction of the court, must openly draw, out of the box, as many of the ballots, one after another, as are sufficient to form a jury. § 1165. Before the first ballot is drawn, the box must be closed and well shaken, so as thoroughly to mix the ballots; and the clerk must draw each ballot, without seeing the name written on any of them, through an aperature, made in the lid of the box, large enough only to admit his hand conveniently. § 1166. The first twelve persons who appear, as their names are drawn and called, and are approved as indifferent between the parties, and not discharged or excused, must be sworn; and constitute the jury to try the issue. § 1167. The ballots, containing the names of the jurors so sworn, when to be must be then deposited in another box, and there kept, apart from the in a second other ballots, until that jury is discharged. box. Id.; when to be re § 1168. After that jury is discharged, the ballots containing their names must be again rolled up or folded, as prescribed in section eleven turned to hundred and sixty-three of this act, and returned to the box, from which they were first taken; and the same course must be pursued, as often as an issue is brought to trial by a jury. the first box. Ballots of absentees, returned to first box. § 1169. The ballot, containing the name of a juror, who is absent, etc., to be when his name is drawn or called, or is set aside, or excused from serving on that trial, must be again rolled up or folded, in the same manner as before, and returned to the box, containing the undrawn ballots, as soon as the jury is sworn. New jury may be drawn while first is empan elled. When talesmen § 1170. If an issue is brought to trial by a jury, while a jury is empanelled in another cause, at the same term, and not then discharged, the court may order a jury, for the trial of that issue, to be drawn out of the box containing the ballots then undrawn; but, in any other case, the ballots, containing the names of all the trial jurors, returned at, and attending the term, must be placed together in the same box, before a jury is drawn therefrom. § 1171. If a sufficient number of jurors, duly drawn and notified, do |