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§ 1155. Commissioner to collect fines, and to make return of unpaid fines; precept thereupon. The com missioner of jurors must receive each fine, paid or col lected, as prescribed in this article. When ten days have expired, since the final disposition of a case by the board, the commissioner must file, in the office of the clerk of the court, a return, containing the name of each juror fined, whose fine remains unpaid, and a state ment of the sum remaining unpaid. The clerk must thereupon issue to the commissioner, a precept, under the seal of the court, specifying the name of each per son 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.
L. 1858, ch. 322, 28, and part of 29, as am'd by L. 1866, ch. 821, ? and L. 1871, ch. 744, 22.
§ 1156. [Amended, 1895.] Fines, not collected under precept, to be docketed and enforced as judgments. The commissioner must return the precept, according to its command, to the clerk of the court issuing it. If he fails so to do, the court may enforce the return, by attachment for contempt. When the precept is returned, the clerk must make, in the docket of judgments kept by him, the same entries, ag nearly as may be, with respect to each uncollected fine, as if it was a final judgment rendered in an action. 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 rela
tion 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.
In effect Jan. 1, 1896; L. 1895, ch. 946.
§ 1157. When lien discharged. The lien, created by such a docket, must be discharged, by the county clerk, on filing with him the commissioner's certificate of payment.
L. 1866, ch. 821, 5.
§ 1158. Commissioner, etc., corruptly omitting name, is guilty of felony. If the commissioner of jurors, or either of his assistants, or a clerk or other person, employed by him, corruptly and without sufficient cause, omits the name of a person, duly drawn, from a panel of trial jurors, or the ballot, containing the name of such a person, from either of the boxes prescribed in this article; or, directly or indirectly, receives a fee, reward, compensation, or advantage, in consideration of, or as an inducement to such an omission; he is guilty of a felony, and shall, on conviction, be punished by imprisonment in a State prison, for a term not less than two, nor more than five years.
L. 1862, ch. 378, 4.
1159. Commissioner's other wilful neglect, a misdemeanor. A wilful omission, by the commissioner, of a duty required of him by this article, other than that specified in the last section, is a misdemeanor. L. 1866, ch. 821, 8.
$1160. Giving false information, or suppressing notice, a misdemeanor. - A person, to whom applica tion is made, within the county of Kings, by an assessor, or by the commissioner of jurors, or either of his assistants, for information, as to a fact, upon which the liability of himself, or any other person, to serve as a trial juror, depends, and who refuses to give information relating thereto, which he can give, or knowingly gives false information relating thereto; or a person who knowingly makes to an assessor, or to the commis sioner of jurors, or a person acting by his authority, & false representation as to the identity, residence, or any other matter, relating to a juror, duly drawn, and placed
on a panel to be notified; or who knowingly retains, conceals, suppresses, or wilfully destroys, a notice to attend, left at the residence or place of business of another, who has been drawn as trial juror, is guilty of a misdemeanor.
L. 1858, ch. 322, § 9.
$ 1161. Penalty for physician giving false certificate. - A physician, who knowingly gives a false cer tificate, or makes a false representation, for the purpose of enabling or assisting a person, to be discharged, excused, or exempted from service, as a trial juror in the county of Kings, is guilty of a misdemeanor.
§ 1162. Commissioner to report and pay over money. The commissioner of jurors must make yearly report to the board of supervisors, of all proceedings had before him, or by him, in the discharge of his duties; and he must pay over to the county treasurer, at least once in each three months, all money in his hands, which he has received as commissioner.
L 1858, ch. 322, § 40.
Trial by jury.
ARTICLE 1. Formation of the jury. 2. The verdict.
FORMATION OF THE JURY.
Bro. 1163. Clerk to prepare ballots of jurors for trial. 1164. Clerk to draw ballots.
1165, Mode of drawing ballots.
1166. Persons drawn, etc., to form the Jury.
1167. Ballets drawn, when to be deposited in a second bem.
1168. Id.; when to be returned to the first box.
The word " " omitted.
Bac. 1169. Ballots of absentees, etc., to be returned to first box. 1170. New jury may be drawn while first is empanelled.
1171. When talesmen to be procured, or jurors drawn from third
1172. When talesmen to be procured.
1173. If a sheriff is a party, court may appoint a person to act for him.
1174. Duty of sheriff and of talesmen.
1175. Jury competent, although containing only part or none si original panel.
1176. Two peremptory challenges in a civil action.
1177. No challenge allowed because officer drawing is a party, etc.
Exceptions to and review of the determination of the court, in reference thereto.
§ 1163. Clerk to prepare ballots of jurors for trial. At the opening of a term of a court of record at which issues 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.
2 R. S. 420, 59 (2 Edm. 438). People v. Ransom, 7 Wend. 423; Cole Perry, 6 Cow. 584; Friery v. People, 2 Abb. App. Dec. 215; Ferris v. People, 35 N. Y. 125.
1164. Clerk to draw ballots. 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.
Id., 60. Wakeman v. Sprague, 7 Cow. 720; McCloskey v. People, Park. Cr. 308; Gardner v. Turner. 9 Johns. 260; and see cases cited in note to 1163, ante.
1165 Mode of drawing ballots. 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 aperture, made in the lid of the box, large enough only to admit his hand conven iently.
\ Id., 806.
1166. [Amended, 1883.] 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. Persons shall be disqualified from sitting as jurors if related by consanguinity or affinity to a party to the issue in the same cases in which judges are disqualified. The party related to the juror must raise the objection before the case is opened; but any other party to the issue may raise the objection within six months from the date of verdict.
2 R. S. 420, 61. People v. Albany, etc., 6 Wend. 584; People v. Larned, 7 N. Y. 451.
§ 1167. Ballots drawn, when to be deposited in a second box. The ballots, containing the names of the jurors so sworn, must be then deposited in another box, and there kept, apart from the other ballots, until that jury is discharged.
§ 1168. Id.; when to be returned to the first box. After that jury is discharged, the ballots containing their names must be again rolled up or folded, as prescribed in section 1163 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.
§ 1169. Ballots of absentees, etc., to be returned to first box. The ballot, containing the name of a juror, who is absent, 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.
Id., 67. People v. Larned, 7 N. Y. 452.
§ 1170. New jury may be drawn while first is empanelled. 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,
Id.. 164. People v. Ransom, 7 Wend. 423.
§ 1171. [Amended, 1879.] When talesmen to be procured. If a sufficient number of jurors, duly drawn and notified, do not attend, or cannot be obtained