a reference is made as prescribed in section 1015 of this act, the referee's written report must be either filed with the clerk, or delivered to the attorney for one of the parties, within sixty days from the time when the cause or matter is finally submitted; otherwise either party may, before it is filed or delivered, serve a notice, upon the attorney for the adverse party, that he elects to end the reference. In such a case, the action must thenceforth proceed, as if the reference had not been directed; and the referee is not entitled to any fees. [AM'D CH. 397 of 1882.] [§ 2 of Ch. 397 of 1882. This act shall take effect immediately. But the amendment made by this act to section one thousand and nineteen shall not apply to a reference made before this act takes effect; nor shall any amendment, made by this act, invalidate or impair the effect of any proceedings heretofore taken.] § 1020. Double or other increased damages. Where the double, treble, or other increased damages, are given by statute, the decision of the court, or the report of the referee, must specify the sum awarded as single damages, and direct judgment for the increased damages. § 1021. Decision of court or report of referee, upon trial of demurrer. The decision of the court, or the report of a referee, upon the trial of a demurrer, or upon the trial of the issues of fact or law, where a nonsuit is granted, must direct the final or interlocutory judgment to be entered thereupon, and in any such case it shall not be necessary for the court or referee to make any finding of fact. Where it directs an interlocutory judgment with leave to the party in fault to plead anew or amend or permitting the action to be divided into two or more actions and no other issue remains to be disposed of, it may also direct the final judgment to be entered if the party in fault fails to comply with any of the directions given or terms imposed. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] § 1022. Decision of court or report of referee upon trial of the whole issue of fact. The decision of the court or the report of a referee, upon the trial of the whole issues of fact, may state separately the facts found and the conclusions of law, and direct the judgment to be entered thereon, or the court or referee, may file a decision stating concisely the grounds upon which the issues have been decided, and direct the judgment to be entered thereon, which decision so filed shall form part of the judgment-roll. In an action where the costs are in the discrection of the court, the decision or report must award or deny costs, and if it awards costs, it must designate the party to whom the costs to be taxed are awarded. Whenever judgment is entered on a decision which does not state separately the facts found, the defeated party may file an exception to such decision, in which case, on an appeal from the judgment entered thereon upon a case containing exceptions, the appellate division of the supreme court shall review all questions of fact and of law, and may either modify or affirm the judgment, or order appealed from, award a new trial, or grant to either party the judgment which the facts warrant. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] § 1023. Repealed by Ch. 688 of 1894. [Took effect June 1, 1894.] § 1024. Qualifications of a referee. A referee appointed by the court must be free from all just objections; and no person shall be so appointed, to whom all the parties object, except in an action to annul a marriage, or for a divorce, or a separation. A judge cannot be appointed a referee, in an action brought in the court, of which he is a judge, except by the written consent of the parties; and, in that case, he cannot receive any compensation as referee. § 1025. Several referees may be appointed. Where the court is authorized to appoint a referee, it may, in its discretion, appoint either one or three. And where a reference is made by consent of the parties, they may select any number of referees, not exceeding five. § 1026. Proceedings regulated where there are several referees. Where the reference is to more than one referee, all must meet together, and hear all the allegations and proofs of the parties; but a majority may appoint a time and place for the trial, decide any question which arises upon the trial, sign a report, or settle a case. Either of them may administer an oath to a witness; and a majority of those present, at a time and place appointed for the trial, may adjourn the trial to a future day. TITLE III. 11035 Trial jurors, except in New York and Kings counties; mode of selecting them, and of procuring their attendance. ARTICLE 1. Qualifications and exemptions of trial jurors. 2. Mode of selecting, drawing, and procuring the attendance of trial jurors, in ordinary cases. 3. Mode of striking and procuring a special jury, and of procuring a foreign jury. 4. Penalties for non-attendance. ARTICLE FIRST. QUALIFICATIONS AND EXEMPTIONS OF TRIAL JURORS. SECTION 1027. Qualifications of trial jurors. 1028. Additional provision respecting property qualifications. 1029. Certain public officers disqualified. 1030. Persons entitled to claim exemption from service. 1031. Evidence of exemption in certain cases. 1032. When juror to be discharged from serving. 1033. When juror to be excused from serving. 1034. Application of this article, as respects New York and Kings counties. § 1027. Qualifications of trial jurors. In order to be qualified to serve, as a trial juror, in a court of record, a person must be: 1. A male citizen of the United States, and a resident of the county. 2. Not less than twenty-one nor more than seventy years of age. [AM'D BY CH. 321 OF 1895. In effect Sept. 1, 1895.] 3. Assessed, for personal property, belonging to him, in his own right, to the amount of two hundred and fifty dollars; or the owner of a freehold estate in real property, situated in the county, belonging to him in his own right, of the value of one hundred and fifty dollars; or the husband of a woman who is the owner of a like freehold estate, belonging to her, in her own right. 4. In the possession of his natural faculties, and not infirm or decrepit. 5. Free from all legal exceptions; of fair character; of approved integrity; of sound judgment; and well informed. § 1028. Additional provision respecting property qualification. But a person who was assessed, on the last assessment-roll of the town, for land in his possession, held under a contract for the purchase thereof, upon which improvements, owned by him, have been made, to the value of one hundred and fifty dollars, is qualified to serve as a trial juror, although he does not possess either of the qualifications, specified in subdivision third of the last section, if he is qualified in every other respect. § 1029. Certain public officers disqualified. Each of the following officers is disqualified to serve as a trial juror: 1. The Governor; the Lieutenant-Governor; the Governor's private secretary. 2. The Secretary of State; the Comptroller; the State Treasurer; the Attorney-General; the State Engineer and Surveyor; a Canal Commissioner; an Inspector of State Prisons; a Canal Appraiser; the Superintendent of Public Instruction; the Superintendent of the Bank Department; the Superintendent of the Insurance Department; and the deputy of each officer, specified in this subdivision. 3. A member of the Legislature, during the session of the house, of which he is a member. 4. A judge of a court of record, or a surrogate. 5. A sheriff, under-sheriff, or deputy-sheriff. 6. The clerk or deputy-clerk of a court of record. §1030. Persons entitled to claim exemption from service. [AMENDED BY CH. 542 OF 1879.] Each of the following persons, although qualified, is entitled to exemption from service, as a trial juror, upon his claiming exemp tion therefrom: 1. A clergyman, or a minister of any religion, officiating as such, and not following any other calling. 2. A resident officer of, or an attendant, assistant, teacher, or other person, actually employed in a State asylum for lunatics, idiots, or habitual drunkards. 3. The agent or warden of a State prison; the keeper of a county jail; or a person actually employed in a State prison or county jail. 4. A practicing physician or surgeon, having patients requiring his daily professional attention, a licensed pharmacist actually engaged in his profession as a means of livelihood, and a duly registered veterinary surgeon actually engaged in his profession as a means of livelihood. [AM'D BY CH. 532 oF 1895. In effect Sept. 1, 1895.] 5. An attorney or counsellor at law regularly engaged in the practice of the law, as a means of livelihood. 6. A professor or teacher, in a college or academy. 7. A person actually employed in a glass, cotton, linen, woollen, or iron manufacturing company, by the year, month, or season. 8. A superintendent, engineer, or collector, on a canal, authorized by the laws of the State, which is actually constructed and navigated. 9. A master, engineer, assistant-engineer, or fireman, actually employed upon a steam-vessel, making regular trips. 10. A superintendent, conductor, or engineer, employed by a railroad. company, other than a street railroad company; or an operator, or assistantoperator, employed by a telegraph company; who is actually doing duty in an office, or along the railroad or telegraph line of the company, by which he is employed. 11. An officer, non-commissioned officer, musician, or private of the national guard of the State, performing military duty; or a person, who has been honorably discharged from the national guard, after five years' service, in either capacity. 12. 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 twenty-third day of April, eighteen hundred and sixty-two, 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 twenty-third day of April, eighteen hundred and sixty-two, as a member of the national guard of the State. 13. A member of a fire company, or fire department, duly organized according to the laws of the State, and performing his duties therein; or a person who, after faithfully serving five successive years in such a fire company, or fire department, has been honorably discharged therefrom. 14. A duly licensed engineer of steam boilers, actually employed as such. 15. A person otherwise specially exempted by law. [AM'D CH. 400 OF 1883.] § 1031. Evidence of exemption. The evidence of the right to exemption as prescribed in the last section is as follows: 1. Under subdivision second thereof, the certificate of the superintendent or other principal officer of the asylum. 2. Under subdivision third thereof, the certificate of the warden or other principal officer of the State prison, or the sheriff of the county, as the case requires. 3. Under subdivision eleventh thereof, where the applicant is a non-commissioned officer, musician, or private, in a company or troop of the national guard, the certificate of the commanding officer of the company or troop, accompanied with proof by affidavit of the genuineness of the signature thereto. 4. Under the last clause of subdivision eleventh, or under subdivision twelfth thereof, in the discretion of the court, the discharge of the person from military service, if it shows the facts entitling him to exemption. 5. Under the first clause of subdivision thirteenth thereof, where the applicant is under the rank of foreman, the certificate of the foreman, or other chief officer of the company to which the applicant belongs, accompanied with proof, by affidavit, of the genuineness of the signature thereof. 6. Under the last clause of subdivision thirteenth thereof, the certificate of the chief engineer of the fire department of the city or village where the service was performed, or of the mayor or president of the city or village, accompanied with proof, by affidavit or acknowledgment, of the genuineness of the signature thereof, which certificate, so proved, accompanied by a notice indorsed thereon that the applicant claims exemption from jury duty for a period specified therein, may be filed in the office of the clerk of the county where such applicant resides. From the date of such filing, such applicant shall not be liable to perform any jury duty in the county where such certificate and notice are filed during the period specified in such notice; and the county clerk shall thereupon erase the name of such applicant from the jury lists and destroy the ballot before drawing another jury. A certificate specified in subdivisions one, two, three and five of this section must be dated within three months prior to the time of presenting it and filed with the clerk of the court to which it is presented. In case the certificate and notice provided for in subdivision six of this section is not filed as therein provided the applicant shall not be entitled to exemption for any cause specified in the last clause of subdivision thirteen of section one thousand and thirty of this act. [AM'D CH. 55 of 1886.] § 1032. When juror to be discharged from serving. The court must discharge a person from serving as a trial juror, in either of the following cases: 1. Where it satisfactorily appears that he is not qualified. 2. Where it satisfactorily appears that he is exempt, and he claims the benefit of the exemption. Where a person is discharged, for either of the causes specified in this section, the clerk must destroy the ballot, containing his name. § 1033. When juror to be excused from serving. Upon satisfactory proof of the facts, a court, at the term to which a person is returned as a trial juror, must excuse him from serving during the whole, or a portion of the term, in either of the following cases: 1. Where he is a justice of the peace, or executes any other civil office, the duties of which are, at the time, inconsistent with his attendance as a juror. 2. Where he is a teacher in a school, actually employed and serving as such. 3. Where, for any other reason, the interests of the public, or of the juror, will be materially injured by his attendance; or his own health, or the health of a member of his family, requires his absence; or he is temporarily incapacitated, for any reason, from properly discharging the duties of a juror. Where a person is excused, in either of the cases specified in this section, the ballot, containing his name, must be returned to the box from which it was taken. § 1034. Application of this article, as respects New York and Kings counties. Section ten hundred and twenty-nine of this act applies throughout the State. The remainder of this article does not apply to the city and county of New York, or the county of Kings. ARTICLE SECOND. MODE OF SELECTING, DRAWING AND PROCURING THE ATTENDANCE OF TRIAL JURORS, IN ORDINARY CASES. SECTION 1035. Certain town officers to make lists of trial jurors. 1036. Names of jurors to be taken from assessment-roll. 1037. Duplicate jury list to be made and filed. 1038. County clerk to make and deposit ballots. 1039. County clerk to destroy old ballots. 1040. Jurors so returned to serve for three years. 1041. Wards of certain cities to be considered towns; rule in other cities. 1042. When and how many jurors, for courts of record, to be drawn. 1043. Notice of drawing. 1044. Sheriff and county judge to attend drawing. 1045. Sheriff or county judge, not appearing, to be again notified, etc. 1046. Certain officers required to be present at drawing. 1047. Mode of drawing jurors; minute of drawing; list to be delivered to sheriff. 1048. Sheriff to notify jurors and make return. 1049 Applicants to be furnished with copies of jury lists. 1050 Names of jurors who have served, to be kept in separate box. 1051. Jurors to be drawn from that box, when first box is exhausted. 1052. A third jury box to be kept. 1053. When old ballots therein to be destroyed, and new ballots deposited. 1054. Jurors, when to be drawn from third box, 1055. How such jurors to be notified. 1056. Justice of supreme court, or county judge, may order drawing of additionał jurors. 1057. Proceedings upon such order. 1058. For what courts, and by whom, additional jurors may be ordered. 1059 How such additional jurors drawn and notified. 1060. Power of county judge, as to attendance of jurors. 1061. Powers of deputy county clerk, under this article. 1062. This article not applicable to New York and Kings counties. § 1035. Certain town officers to make lists of trial jurors. The supervisor, town clerk and assessors of each town, must meet on the first Monday of July, in the year one thousand eight hundred and seventy-eight, and in each third year thereafter, at a place within the town, appointed by the supervisor; or, in case of his absence, or of a vacancy in his office, by the town clerk; for the purpose of making a list of persons to serve as trial jurors for the then ensuing three years. If they fail to meet on the day specified in this section, they must meet as soon thereafter as practicable. § 1036. Names of jurors to be taken from assessment-roll. [AMENDED BY CH. 416 OF 1877.] At the meeting specified in the last section, the officers present must select from the last assessment-roll of the town, and make a list of the names of all persons whom they believe to be qualified to serve as trial jurors, as prescribed in the last article. |