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courts, by writ of error or otherwise in the same manner as the judgment and determination of a court of sessions.

Assistant district-attorney ; salary. § 24. The district-attorney of the county of Albany may appoint an assistant, who shall hold his office during the pleasure of the said district-attorney; and the board of supervisors of the county of Albany are hereby authorized and required to allow and pay to the said assistant a salary of not exceeding two thousand five hundred dollars per annum for his services from and after the first day of January, eighteen hundred and seventy-two; and it shall not be lawful for said board of supervisors to make any extra or additional allowance to said assistant for services performed by him other than those specified in this act.

Dists t-attorney to appoint persons to discharge duties pertaining to his office; official oath; their powers and duties; salaries ; travelling expenses; chamberlain to report amount of salaries and expenses ; annual estimate to be made ; account to be kept by chamberlain. $ 25. The said district-attorney shall also have the power to appoint two persons to discharge the business pertaining to his office. The appointment shall be in writing, under the hand and seal of the district-attorney, and shall be filed in the clerk's office of the county of Albany; and such appointment shall continue during the pleasure of the district-attorney. The persons thus appointed shall, , before they enter upon the discharge of their duties, take an oath well and faithfully to perform such duties, to the best of their ability, which oath shall be taken before the clerk of Albany county, or his deputy, and the same shall be filed in the clerk's office. The persons thus appointed shall be under the direction and control of the district-attorney. They shall have all the powers granted to a sergeant of police of said city of Albany, and shall have power, and it is hereby made their duty, to serve all criminal or other process, and all bench warrants and other papers, in any and all parts of the state, which may be issued by the said district-attorney. Any member of the police force of the said city of Albany shall also have power to serve any of the above-mentioned papers, or process, or warrants, when issued by such district-attorney. The officers, whose appointment is provided for in this section, shall each receive a salary of twelve hundred dollars annually, which salary shall be paid in the same manner, and at the same time, as the salaries of the police force of said city of Albany. Each of such above mentioned persons shall be allowed his necessary and actual travelling expenses, necessarily and actually incurred while travelling on official business, under the direction of the district-attorney. The amount of such expenses shall be sworn by the person incurring them to have been actually and necessarily incurred while travelling on official business, under the direction of the districtattorney, who shall also certify to the facts of such direction. The amount of such travelling expenses, when thus certified and sworn to, shall be paid upon presentation of the bill therefor, in the same manner as the salaries of such persons. On or before the first Monday of December next, the chamberlain of the city of Albany shall report to the board of supervisors the amount of such salaries and expenses paid under the provisions of this section, which sum shall be audited by the board, and paid by the county treasurer to the said chamberlain of the city of Albany; and such sum thus paid shall be a county charge. And also, on or before said first Monday of December next, and thereafter annually, the said chamberlain shall report to the said board of supervisors the amount that will probably be necessary to be paid for such salaries and expenses during the then coming year, which amount sħall then be levied, and assessed, and collected, in the same manner as other county charges, and shall be paid by the county treasurer to the chamberlain of the city of Albany. The amounts thus paid to the chamberlain shall not be used or appropriated by him for any other purpose whatever than the payment of such salaries and expenses. The chamberlain shall keep a just and full account of all moneys paid to and expended by him under the provisions of this section, and shall keep vouchers for all moneys paid out by him; and at the time above specified, in each year, he shall make a full report to the board of supervisors of the amount received and expended by him under the provisions of this section, giving items and dates, and, when called upon, producing vouchers therefor. The accounts of the chamberlain, under this section, shall also be open to inspection by the board of supervisors, or a committee thereof; and section forty-three of title twelve, chapter seventy-seven of the laws of eighteen hundred and seventy, is hereby repealed. [Section 26, as amended by L. 1881, ch. 364, repealed by L. 1886, ch. 593.]

Repeal. $ 27. All acts and parts of acts inconsistent with any of the foregoing provisions are hereby repealed.

L. 1858, Chap. 282 – An act to provide for the appointment of a clerk and deputy of the court of special sessions, in the city and county of New York, and in relation to the justices of said court. (Sections 1-5 repealed by L. 1886, ch. 593.]

Salary, eto, $ 6. The salary of the said clerk and deputy-clerk shall be fixed by the board of supervisors, and shall not be increased or diminished during their continuance in office; such salaries shall be paid out of the treasury of the city and county of New York, in equal monthly payments. Before entering upon the duties of their respective offices, the said clerk and deputy-clerk shall severally take and subscribe before the clerk of the county the oath of office prescribed by the Constitution, which oath shall be filed in the office of the said county clerk; they shall also severally execute a bond to the people of the state, in the penal sum of one thousand dollars, with sufficient sureties to be approved by the city comptroller, conditioned for the faithful performance of their duties according to law, which bond shall be filed in the office of the said city comptroller. [Section 7 repealed by L. 1886, ch. 593.]

Court, by whom to be held. 8 8. The said court of special sessions may be held by any three of the said police justices, who shall sit alternately, except that one of their number may be selected to preside. And the said justices shall meet in convention, and assign the justices to hold the several terms of said court.

[The remainder of this section repealed by L. 1881, ch. 537.]

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Of Indictments and Proceedings before Trial.
ART. 1.-Of the return and summoning of grand juries; their powers and duties.
ART. 2.--Of indictments and proceedings thereon.
ART. 3.-Of the removal of indictments before trial or judgment.

ARTICLE FIRST.

ART. 2,

OF THE RETURN AND SUMMONING OF GRAND JURIES ; THBIR POWERS AND DUTIES. Sec. 1 & 2. Lists of grand jurors, when and by whom to be prepared.

(720)

3 & 4. Who to be placed on list; who to be omitted.
5. Contents of lists, how certified ; when and where to be filed.
6. County clerk to deposit names returned in a box.
7. How greater number may be required in New-York.
8. How number to be increased in other counties.
9. Duty of supervisors on receiving order for increase.
10 & 11. Time and mode of drawing grand jurors for any court.
12. Grand jurors how to be summoned and returned.
13. When to be fined for non-attendance, &c.
14. When grand jurors may be discharged.
15, 16 & 17. When ballot to be returned to box; when to be destroyed..
18. Proceedings when same person drawn on grand and petit jury.
19. Clerk to draw from box until new list is received.

jurors.

136.

386.

Who to be

TITLE 4. SEC. 20 & 21. When names to be added to box by county judge.

22. Drawing and summoning jury in such case.

23–35. (Repealed.] List of SECTION I. The supervisors of the several counties of this state, grand

except the city and county of New York, at their annual meetings in Park: C; each year, shall prepare a list of the names of three hundred persons, N. Y., 128, to serve as grand jurors at the courts of oyer and terminer, and courts

of general sessions, to be held in their respective counties during the then ensuing year, and until new lists shall be returned.

[L. 1827, 312, $$ 1 and 4. See L. 1858, ch. 322; L. 1853, ch. 498.] Id., in New § 2. The mayor, recorder and aldermen of the city of New York, York.

shall meet on the second Monday of July in each year, as a board of supervisors of that city and county, and shall prepare a list of the names of six hundred persons, to serve as grand jurors at the different courts of oyer and terminer, and general sessions, to be held in that city during the then ensuing year, and until new lists shall be returned. *

(L. 1827, 312, $$ 1 and 4.] Who to be placed on

§ 3. In preparing such lists, the said boards of supervisors shall list.

select such persons only as they know, or have good reason to be6 Wend.,

lieve, are possessed of the qualifications by law required of persons to serve as jurors for the trial of issues of fact, and are of approved integrity, fair character, sound judgment, and well informed.

§ 4. Persons exempt by law from serving as jurors for the trial omitted.

of issues of fact, shall not be placed on any list of grand jurors, re

quired by the preceding provisions. [721]

5. The lists so made out by the said board of supervisors, shall contain the christian and surnames, at length, of the persons named therein, their respective places of residence, and their several occupations; it shall be certified by the clerk of the board of supervisors, and shall be filed in the office of the clerk of the county, within ten days after the first day of the meeting at which the same is herein directed to be made.

(L. 1827, 312, $$ 1 and 4.] County $ 6. On receiving such list the county clerk shall write the names clerk to

of the persons contained therein, with their additions and places of and de

residence, on separate pieces of paper, and shall roll up or fold such posit slips with names pieces of paper, each in the same manner as near as may be, so

that the name written therein shall not be visible, and shall deposit

such pieces of paper in a sufficient box from which they shall be Destruction of box.

drawn as hereinafter provided. If, from any cause, such box or the pieces of paper containing the names of jurors so deposited therein shall be lost or destroyed, the county clerk, in whose office such loss or destruction shall happen, shall forthwith provide a new box and again write the names of the persons contained in the list, so filed in his office, on separate pieces of paper and roll up or fold the same in the same manner as hereinbefore directed, and deposit the same in the box so provided by him. [Thus amended by L. 1880, ch. 122, sub nom., section 6 of chapter 2, article 1, part 4 of the R. S.]

Contents of lists, &c. 6 T. & C., 554.

prepare

box.

• The grand jury laws for New York and Kings counties, which supersede so much of this title as relates to those counties, will be found post, pp. 2769-2772.

ART. 1. $ 7. If the circuit judge of the first circuit, the mayor and recorder of the city of New York, or any two of them, shall at any Increasing time be of opinion that a greater number of persons than that herein jurors in required, should be returned, to serve as grand jurors, they may, by 2 Eam. Sel. an order under their hands, direct such number to be increased; but Cas., 851. such increase shall not exceed one-half the number herein required to be selected for that city and county. § 8. If the county judges of any other county of this state, or Id., in other

counties. any three of them, shall at any time be of opinion that a greater number of persons than that herein required, should be returned to serve as grand jurors in their county, they may, by an order under their hands, direct such number to be increased; but such increase shall not exceed one-half the number herein required to be selected for such county. $ 9. Upon any order which is authorized by the two last sections, Duty of su

pervisors. being served upon the board of supervisors, they shall at their next annual meeting, increase the number of persons returned by them to serve as grand jurors, pursuant to such order. $ 10. At the time of drawing the names of jurors for the trial of Time, &c.,

of drawing issues of fact, in any court of oyer and terminer, and at the time of

grand drawing such jurors for the general session in the city of New York, jurors: or for any term of the court of common pleas in any county at Cr. R., 681. which a general sessions may be held by law, the county clerk, in the presence and with the assistance of the sheriff or under sheriff, and of a county judge or justice of the peace, or two county judges or justices of the peace, who shall have attended for the purpose of drawing the petit jury for such court, shall proceed and draw in and for the city of New York the names of thirty-six persons, and in every other county the names of twenty-four persons, from the box in

hich the pieces of paper shall have been deposited for that purpose, to serve as grand jurors at such court of oyer and terminer or general sessions, as the case may be. [Thus amended by L. 1841, ch. 332.] (L. 1827, 312, § 2.)

(722) § 11. Such drawing shall be conducted in all respects, in the man- Mode of ner prescribed by law for drawing petit jurors; a minute of such drawing. drawing shall be kept, signed and filed in the like manner; and a list of the persons so drawn, with their additions and places of residence, and specifying for what court they shall have been drawn, shall be made and certified by the clerk and the attending officers, and shall be delivered to the sheriff of the county. [L. 1827, 312, § 2.)

§ 12. The sheriff shall summon the persons named in such list, to How sumattend such court as grand jurors, at least six days previous to the monede and sitting of such court, by giving personal notice to each person, or by Park, Cr. leaving a written notice at his place of residence, with some person of proper age. He shall return such list to the court at the opening thereof, specifying those who were summoned, and the manner in which each person was notified. § 13. The court to which any list of grand jurors so drawn shall Fines for

not attend. be returned by the sheriff, shall impose a fine not exceeding twenty- ing. five dollars, for each day that any person duly summoned as a grand

TITLE 4. juror shall, without reasonable cause, neglect to attend. But if it

appear that any such person was notified by leaving a written notice at his place of residence, the court shall suspend such fine, until the

defaulting grand juror shall be notified, as provided by law. Discharg: $ 14. The court may discharge any person from serving as a grand ing them.

juror, in the same cases, in which petit jurors may by law be dis

charged. Returning § 15. When any person drawn as a grand juror, shall not attend ballot to box. the court for which he was drawn, or shall be excused for the term

only, his name shall be returned into the box of undrawn ballots for

that year.

son drawn on both

&c.

[L. 1827, 312, g 3.] Destroy. § 16. When any person drawn as a grand juror, shall have ing it.

attended and performed his duty as such at any court, the ballot containing his name shall be destroyed, and he shall not be again required to serve as a grand juror during the year for which his. name was returned.

[The same.] Id.

§ 17. When any person diawn as a grand juror, shall be discharged by the court, or excused from attending, on account of any disqualification, or for any other cause not being of a temporary nature, the ballot containing his name shall be destroyed.

[The same.] Same per § 18. When the same person shall be drawn as a grand juror and

as a petit juror, to attend the same court, his name shall be omitted juries.

from the list of petit jurors, and another name shall be drawn from

the box containing the names of persons returned to serve as petit [723] jurors; and after the completion of the drawing of the petit jurors,

the name of such person drawn for the grand jury, shall be returned

into the box containing the undrawn names of petit jurors. Drawing,

§ 19. If any new list of persons to serve as grand jurors, shall not be returned to the county clerk, before he shall have completed the drawing of the grand jurors for any court, he shall proceed to draw grand jurors in the manner herein provided, from the box containing the names of those already returned for that purpose, notwithstanding they may have been returned for a year then expired, or which will expire before the end of the term or sitting of the court for which they shall be drawn; and such persons shall be summoned and shall serve in the same manner, and be subject to the same

penalties for neglect, as if such year had not expired. Adding

§ 20. When it shall appear upon the representation of a county box by clerk, that there are less than fifty names remaining in the box conjudges. taining the names of persons returned to serve as grand jurors,

any three judges of the county courts may select from the citizens of the county qualified to serve as grand jurors, and who shall not have served during the preceding twelve months, the names of fifty persons, to serve as grand jurors.

$ 21. Such names shall be certified to the county clerk, who shall be deposited file such certificate in his office, and shall cause such names to be and drawn. written on distinct pieces of paper, and deposited in the box con

taining any undrawn names of persons returned to serve as grand jurors, or if there be none, then in a proper box; and from such

Dames to

county

How and

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