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793. Certificate, when filed.

794. Certificate, conclusive evidence.

795. Judgment, by whom executed.

796. Fine, by whom received before commitment, and how applied. 797. Fine, to whom paid after commitment, and how applied.

798. Proceedings against magistrate or sheriff, on neglect to pay fine

into county treasury.

799. Subpoenas for witnesses, and punishing them for disobedience.
800. Punishing jurors for non-attendance.

801. No fees to jurors or witnesses.

802. When defendant requests a trial by police court, preliminary examnation dispensed with.

803. During time allowed for bail, and until judgment, defendant to be continued in custody of officer, or committed to jail.

804.

Form of commitment.

805. By whom executed.

806. Defendant may be admitted to bail.

807. Bail, how and by whom taken.

808. Form of the undertaking.

809. Undertaking, when forfeited, and action thereon.

810. Forfeiture, how and by whom remitted.

§ 768. In the cases in which the police courts have jurisdiction, as provided in section 56, when the defendant is brought before the magistrate, the charge against him must be distinctly read to him, and he must be required to plead thereto.

Taken from 2 R. S., 3d ed. 799, sec. 8.

769. The defendant may plead the same pleas as upon an indictment, as provided in section 351. His plea must be oral, and entered upon the minutes of the magistrate.

§ 770. Upon a plea other than a plea of guilty, if the defendant do not demand a trial by jury, the magistrate must proceed to try the issue.

Taken from 2 R. S., 3d ed. 799, sec. 9.

§ 771. Before the magistrate hears any testimony upon the trial, the defendant may demand a trial by jury.

Taken from 2 R. S, 3d ed. 799, sec. 10.

§ 772. If a trial by jury be demanded, the magistrate must, in the presence of the defendant, draw from the justice's jury box, twelve ballots, containing the names of persons to form the jury.

The revised statutes provide, that upon the demand of a jury in a court of special sessions, "the court shall issue a venire, directed to any constable of the county or marshal of the city, where the offence is to be tried, commanding him to summon twelve good and lawful nien, qualified to serve as jurors, and not exempt from such service by law, and who shall be in no wise of kin, either to the complainant or the defendant, to be and appear before such court, at a time not more than three days from the date of the venire, and at a place to be named therein, to make a jury for the trial of such offence." 2 R. S., 3d ed. 800, sec. 10.

The mode of drawing the jury, as prescribed by this section, has reference to the regulation prescribed by the code of civil procedure, for furnishing justices of the peace with lists of jurors, known as justice's jurors, from which ballots are to be prepared and deposited in the justice's jury box.

773. The magistrate must thereupon deliver a list of the jurors drawn, to a peace officer of the town or city, with an endorsement thereon, signed by him, with his name of office, to the following effect:

"The peace officer of the town [or "city"] of

to whom this is delivered, is required to summon the persons named in the within list, to appear before me,

at [naming the place,] on [naming the day and hour,] to serve as jurors at a police court for the trial of a criminal charge against A. B.

"Dated at the town [or "city"] of

the

[blocks in formation]

Justice of the peace of the town [or "city"]
," [as the case may be.]

of

§ 774. The officer to whom the list is delivered, must forthwith summon each of the jurors named therein, personally, or by leaving a written notice at his place of residence, with some person of suitable age and discretion. He must also, at or before the time named therein, return the list to the magistrate, specifying the persons summoned, and the manner of service in respect to each of them.

It being left discretionary with the officer, by the present practice, whom he shall summon as jurors, it is provided by the Revised Statutes, that "the officer to whom such venire shall be delivered, shall execute the same fairly and impartially, and shall not summon any person whom he shall suspect to be biased or prejudiced for or against the defendant. He shall summon the jurors personally, and shall make a list of the persons summoned, which he shall certify and annex to the venire, and return with it to the court." 2 R. S., 3d. ed., 800, sec. 11.

Another and a fairer mode of selecting the jury, being prescribed by section 772, the last two sections provide, in conformity with it, for the mode of summoning it by the officer

§ 775. The names of the persons returned as jurors, must be written on separate ballots, folded as nearly

alike as possible, and so that the name cannot be seen, and must, under the direction of the magistrate, be deposited in a box, or other convenient thing.

Substantially the same as 2 R. S., 3d ed., 800, sec. 12.

§ 776. The magistrate must then draw out six of the ballots, successively; and if any of the persons whose names are drawn do not appear, or are challenged and set aside, such further number must be drawn as will make a jury of six, after all legal challenges have been allowed.

Substantially the same as 2 R. S., 3d ed., 800, sec. 13.

§ 777. The same challenges may be taken by either party, to the panel of jurors, or to an individual juror, as on the trial of an indictment for a misdemeanor, so far as applicable; except, that the challenge must, in all cases, be tried by the magistrate.

The Revised Statutes speak of "all legal causes of challenge" being allowed, in trials in courts of special sessions. 2 R. S., 3d ed., 800, sec. 13. In this expression, they refer, of course, to challenges, as understood at common law that subject never having been, as yet, regulated by statute. Inasmuch as it is proposed to be regulated by this code, sec. 405-439, p. 188-203, this section is rendered necessary.

§ 778. If six of the jurors summoned do not attend, or be not obtained, the magistrate may direct the officer to summon any of the bystanders, or others, who may

be competent, and against whom there is no sufficient cause of challenge, to act as jurors.

Substantially the same as 2 R. S., 3d ed., 800, sec. 14.

§ 779. If the officer to whom the order is delivered, do not return it, as required by section 774, he may be punished by the magistrate, as for a contempt; and the magistrate must issue a new order for the summoning of the same jurors, in substantially the same form; upon which the same proceedings must be had, as upon the one first issued.

Substantially the same as 2 R. S., 3d ed., 800, sec. 15.

§ 780. When six jurors appear and are accepted, they constitute the jury.

781. The magistate must thereupon administer to the jury, the following oath or affirmation: "You do

swear," [or "you do solemnly affirm," as the case may be,] "that you will well and truly try this issue, between the people of the state of New-York and A. B., the defendant, and a true verdict give, according to the evidence."

Taken from 2 R. S. 3d ed 800, sec. 16.

§ 782. After the jury are sworn, they must sit together and hear the proofs and allegations of the parties, which must be delivered in public, and in the presence of the defendant.

Taken from 2 R. S., 3d ed., 800, sec. 17.

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