honorably discharged from the national guard, after five years' service in either capacity. 11. A person who has been honorably discharged from the military forces of the State, after seven years' faithful service therein. But in order to entitle a person to exemption, under this subdivision, his service must have been performed before the 23d day of April, 1862, either as a general or staff-officer, or as an officer, non-commissioned officer, musician, or private, in a uniformed battalion, company, or troop, of the militia of the State, and armed, uniformed, and equipped, according to law; or a portion thereof, during that period and in that capacity, and the remainder, since the 23d day of April, 1862, as a member of the national guard of the State. 12. A person who, after faithfully performing the duties of a fireman, in a fire company or fire department, duly organized according to the laws of the State, for five successive years, has been honorably discharged therefrom. 13. A person who is physically incapable of perform. ing jury duty, by reason of severe sickness, deafness, or other physical disorder.(1) 14. A person holding office under the fire or police department of the city; or otherwise specially exempted by law.(2) From L. 1870, ch. 539, 6, as am'd by L. 1872, ch. 535. Subd. 3 was am'd in 1877. (1) From L. 1870, ch. 539, 8. (2) See L. 1873, ch. 335, # 53 and 77. § 1082. Evidence of right to exemption in certain cases. The evidence of the right to exemption, as prescribed in the last section, is as follows: 1. Under subdivision tenth thereof, where the applicant is a member of a company or troop, the certificate of the captain, or other commanding officer thereof, dated within three months of the time of presenting it. Or the commissioner of jurors may, in his discretion, receive the certified list, specified in the next section, as sufficient evidence thereof. Where the appli cant is a regimental officer, or a staff officer, the evidence of the right to exemption is the certificate of the ma jor-general, or other officer, commanding the first divis 2. Under subdivision tenth thereof, where the appli cant has been discharged, or under subdivision eleventh or twelfth, the certificate of discharge; and, where it does not show all the facts, the affidavit of the appli cant, or of another person, acquainted with the facts. 3. Under subdivision thirteenth thereof, the certif. cate of a reliable physician, or the affidavit of the aplicant, or both; or any other evidence satisfactory to he commissioner. 4. Under any other subdivision thereof, an affidavit of the applicant, or an affidavit, satisfactory to the commissioner, of another person in his behalf, stating the facts, entitling the applicant to exemption. Each cer tificate, specified in this section, must be accompanied with satisfactory proof, by affidavit, of the genuineness of the signature thereto; and each affidavit and certif. cate must be filed with the commissioner of jurors, and must be kept open by him, at all reasonable times, to public inspection. L. 1870, ch. 539, subds. 7 and 8, with amendments. §1083. Military officers required to certify to com. missioner persons performing full military duty. The captain, or other commanding officer, of each company or troop, in the first division of the national guard, must deliver to the commissioner of jurors, on or before the first day of July in each year, and at any other time when he may require it, a list, certified by him, containing the full name and residence of each member and offi cer of his company or troop, who is uniformed and equipped, and faithfully performs his duty, as prescribed in subdivision tenth of the last section but one. No other name shall be inserted in the list. The list must be filed in the commissioner's office. The major-general, or other officer, commanding that division, must, when necessary, issue orders to carry this section into effect. He must also furnish to the commissioner of jurors, when so required, a list, certified by him, containing the name and residence of each officer or other member of that division, not comprised in the lists of the compa nies and troops. An officer, who neglects or refuses to perform the duty, specified in this section; or who in cludes, in a list certified by him, the name of a person who is not described in this section; or who gives a false certificate, in a case specified in the last section; forfeits the sum of fifty dollars for each offence. L. 1870, ch. 539, 31, am'd. § 1084. Jury year; length of jury service required and allowed. The jury year, in the city and county of New-York commences on the first day of October. A. person who has actually served, as a trial juror, in court of record of the State, within that city and county, twelve days within a jury year, is entitled to be dis charged by the court; except that he shall not be dis charged, until the close of a trial, in which he is serving, when the twelve days expire. A person discharged, as prescribed in this section, is, thereafter, during the same jury year, exempt from jury service in any county of the State. Where the certificates of one or more clerks of the courts, made as prescribed in section 1089 of this act, show that a person is entitled to a discharge, as prescribed in this section, the commissioner of jurors must, upon request, certify to the fact. A person cannot serve as a trial juror, in courts of record, at more than two terms, in a jury year. Id., 2, as am'd by L. 1874, ch. 460; L. 1870, ch. 539, 2, am'd. § 1085. When court may temporarily excuse Juror from attendance. The judge, holding & term, may, in his discretion, excuse a trial juror from service at that term, for not more than three days at a time, where the exigencies of his business require his temporary exemp tion(1) The judge may also discharge, for the term, one or more jurors, notified and attending, whose further attendance is not required for the trial of issues at that term. Or he may discharge, until a day certain, one or more jurors, notified and attending, whose attendance will not be required, for the trial of issues, until that day. Each juror, so discharged until a day certain, must attend at the opening of the court on that day, and thereafter until he is discharged, without further notice. If he fails so to do, he is liable to the same punishment, and the same proceedings must be taken, as if he had failed to attend, at the time fixed in the notice given to him. (1) Id., part of §1; remainder of section is new. § 1086. In other cases, juror to be excused only on 2. Under subdivision tenth thereof, where the appli cant has been discharged, or under subdivision eleventh or twelfth, the certificate of discharge; and, where it does not show all the facts, the affidavit of the appli cant, or of another person, acquainted with the facts. 3. Under subdivision thirteenth thereof, the certifcate of a reliable physician, or the affidavit of the aplicant, or both; or any other evidence satisfactory to ae commissioner. 4. Under any other subdivision thereof, an affidavit of the applicant, or an affidavit, satisfactory to the commissioner, of another person in his behalf, stating the facts, entitling the applicant to exemption. Each certificate, specified in this section, must be accompanied with satisfactory proof, by affidavit, of the genuineness of the signature thereto; and each affidavit and certificate must be filed with the commissioner of jurors, and must be kept open by him, at all reasonable times, to public inspection. L. 1870, ch. 539, subds. 7 and 8, with amendments. § 1083. Military officers required to certify to commissioner persons performing full military duty. The captain, or other commanding officer, of each company or troop, in the first division of the national guard, must deliver to the commissioner of jurors, on or before the first day of July in each year, and at any other time when he may require it, a list, certified by him, containing the full name and residence of each member and offcer of his company or troop, who is uniformed and equipped, and faithfully performs his duty, as prescribed in subdivision tenth of the last section but one. No other name shall be inserted in the list. The list must be filed in the commissioner's office. The major-general, or other officer, commanding that division, must, when necessary, issue orders to carry this section into effect. He must also furnish to the commissioner of jurors, when so required, a list, certified by him, containing the name and residence of each officer or other member of that division, not comprised in the lists of the compa nies and troops. An officer, who neglects or refuses to perform the duty, specified in this section; or who includes, in a list certified by him, the name of a person who is not described in this section; or who gives a false certificate, in a case specified in the last section; forfeits the sum of fifty dollars for each offence. L. 1870, ch. 539, 31, am'd. - § 1084. Jury year; length of jury service required and allowed. The jury year, in the city and county of New-York commences on the first day of October. A. person who has actually served, as a trial juror, in a court of record of the State, within that city and county, twelve days within a jury year, is entitled to be dis charged by the court; except that he shall not be dis charged, until the close of a trial, in which he is serving, when the twelve days expire. A person discharged, as prescribed in this section, is, thereafter, during the same jury year, exempt from jury service in any county of the State. Where the certificates of one or more clerks of the courts, made as prescribed in section 1089 of this act, show that a person is entitled to a discharge, as prescribed in this section, the commissioner of jurors must, upon request, certify to the fact. A person cannot serve as a trial juror, in courts of record, at more than two terms, in a jury year. Id., 2, as am'd by L. 1874, ch. 460; L. 1870, ch. 539, 2, am'd. § 1085. When court may temporarily excuse Juror from attendance. The judge, holding a term, may, in his discretion, excuse a trial juror from service at that term, for not more than three days at a time, where the exigencies of his business require his temporary exemp tion.(1) The judge may also discharge, for the term, one or more jurors, notifled and attending, whose further attendance is not required for the trial of issues at that term. Or he may discharge, until a day certain, one or more jurors, notified and attending, whose attendance will not be required, for the trial of issues, until that day. Each juror, so discharged until a day certain, must attend at the opening of the court on that day, and thereafter until he is discharged, without further notice. If he fails so to do, he is liable to the same punishment, and the same proceedings must be taken, as if he had failed to attend, at the time fixed in the notice given to him. (1) Id., part of §1; remainder of section is new. 81086. In other cases, juror to be excused only on |