Record of jurors se has been personally examined by the special jury commissioner as to his qualifications, as to his fitness to serve as a special juror, and as to the matters referred to in the last preceding section. A subpoena may be issued by and under the hand of the said special jury commissioner requiring any person within the county to attend before such commissioner, at his office or elsewhere, at a specified time, not less than two days after the service of the subpoena, for the purpose of testifying concerning the qualifications or fitness to serve as a special juror of any person whose name appears upon the ordinary jury lists of the county, and the propriety of his selection as such special juror. Such subpoena must be served by exhibiting the original thereof to the person named therein and delivering to him a copy thereof. A person so subpoenaed must attend and testify accordingly. If he fail to attend, as specified, in the subpoena, for any cause except physical inability, or if he refuses to be sworn or to answer any legal and pertinent question put to him by the commissioner, he may be punished therefor by any justice of the supreme court. And all the provisions of title two of chapter nine of the code of civil procedure are made applicable to such a case, except that no fees are required to be paid to any such person. One or more successive subpoenas may be issued to the said commissioner, and may be served upon the same person, where he fails to attend as required by a former subpoena; and all the provisions of title two of chapter nine of the code of civil pro cedure are likewise made applicable in case of failure to attend pursuant to such successive subpoenas, or to be sworn or to answer any legal and pertinent question put to such person by the commissioner. § 10. The special jury commissioner shall, in the record made. tected. by him as herein before provided, enter the age of each special juror so selected; his business or vocation, if any; how long he has resided in the state and county; and, if such person be not a citizen by birth, the date of his naturalization. Such record shall be open to inspection by either the district attorney of the county or the counsel for the defendant, whenever such person shall be drawn and summoned as a special juror. The special jury commissioner is not required to keep any other record of his inquiries, examinations or proceedings with regard to the qual fications, fitness or selection of special jurors. § 11. When such special jury commissioner shall have selected Ballots the full number of special jurors, as directed by said appellate division justices, he shall prepare suitable ballots by writing the name of each person thus selected, with his place of residence and place of business and other additions on a separate piece of paper. The ballots must be uniform as nearly as may be in appearance, and the said commissioner must deposit them in a box kept for that purpose. from other § 12. Persons who are selected by the special commissioner to Exemption act as special jurors shall be exempt from all other jury duty Jury duty, from and after the date of their selection, and they shall remain exempt so long as they continue to be such special jurors. No special juror who has actually served as such upon a trial shall be drawn upon another trial during the ensuing year, and the ballot upon which his name is written, shall, upon his discharge from such actual service, be withdrawn from the special jury box. Upon the expiration of one year thereafter such ballot may again be deposited in the special jury box. Upon the completion of his Lists to lists of special jurors, the special commissioner shall file with the commissioner of jurors of the county a certified copy of said list of special jurors. be filed, and order § 13. When an indictment has been found by a grand jury in Application any county embraced by this act, and an issue of fact has arisen for special jury. thereupon upon a plea of not guilty, the people or the defendant my apply for a special jury to try such issue. Such application must be made to the appellate division of the supreme court in the judicial department within the boundaries of which the county is embraced. It must be so made upon the indictment, the plea thereto and affidavit, and five days' notice of motion. Where, upon such application, it appears that a fair and impartial trial of such issue cannot be had without a special jury, or that the importance or intricacy of the case requires such jury, or that the subject matter of the indictment has been so widely disseminated or commented upon by the press or otherwise as to induce the belief that an ordinary jury can not, without delay and difficulty, be obtained to try such issue, or that for any other reason the due, efficient and impartial administration of justice in the particular case requires that the trial of such issue be had by special jury, the said appellate division of the supreme court may make an order directing that such trial be had by a special Officers to attend jury, and such trial shall be had accordingly. The order must specify the time when the drawing of the special jury shall take place, and the number of special jurors to be then drawn. Also the term of the court and the particular day in the term when the special jurors so drawn must attend. § 14. At the time specified in the order, a justice of the supreme drawing. court, the clerk of the county, or his deputy, and the sheriff of the county, or his undersheriff, must attend at the office of the special commissioner of jurors to witness and assist in the drawing of such special jurors. Conduct of § 15. The drawing must be conducted as follows: drawing. Minute Ballots drawn, dis (1.) The county clerk, or his deputy, must shake the box containing the ballots so as to thoroughly mix them. (2.) He must then, without seeing the name contained in any ballot, publicly draw out of the box one ballot, and continue to draw in like manner, one ballot at a time, until the requisite number has been drawn. (3.) A minute of the drawing must be kept by the special jury commissioner, which must be entitled in like manner as the order of the appellate division. In this minute must be entered the name contained in each ballot drawn, before another ballot is drawn, and it must specify the term of the court and the particular day in the term when the special jurors so drawn must attend. The minute must be signed by the justice of the supreme court then present, by the special jury commissioner, by the county clerk, or his deputy, and by the sheriff, or his undersheriff, and such minute so signed must be filed in the office of the county clerk of said county. (4.) The ballot so drawn shall, upon the completion of such position of minute, be returned to the special jury commissioner, who shall retain the same in his possession until the commencement of the trial, when he shall redeposit in such special jury box all such ballots, except those which name the particular jurors who are actually serving upon the trial. This provision also applies to the ballots of additional jurors which may be drawn as hereinafter provided. Notification of special § 16. The county clerk of said county must deliver to the sheriff jurors. a certified copy of the minute. The sheriff must forthwith notify each special juror named therein to attend the trial court, term or part for which he was drawn at the opening of such trial court, term or part upon the day specified in the minute. The sheriff shall so notify each special juror by serving upon him a notice addressed to him, stating that he has been drawn as such special juror for the trial of the defendant named in the minute and that he is required to attend the trial court, term or part named in the notice at the opening of such court, term or part upon the day specified in each notice. The notice must, if practicable, be served personally; otherwise it must be served by leaving it at the special juror's residence and also at his usual place of business with a person of proper age and discretion at each place. In that case the person serving such notice shall ascertain the name of each person with whom the notice is so left, and the relation of such person to, or his or her connection with, the special juror. And he shall specify such facts in a special affidavit of the service of such notice. Before the day specified in such notice for the at- clerk of tendance of the special jurors, the sheriff must file with the clerk of the said trial court, part or term the certified copy of the minute with a return under his hand annexed thereto, naming each special juror notified and specifying the manner in which he was notified, and the time and place of the service of such notice. An affidavit of the person by whom each service shall have been personally made, stating the manner, time and place of such service, shall accompany such return. Where such service shall not have been personally made, the special affidavits of service above provided for shall accompany such return. § 17. From the persons so notified and attending, and, in case such first panel of special jurors shall be exhausted without completing the jury, from the additional special jurors to be drawn. as hereinafter provided, a jury must be formed for the trial. But the trial court may, in its discretion, for good cause, or if satisfied that the ends of justice will be promoted thereby, set aside a juror at any time before evidence is given in the action. Return to court Formation of special jury for trial. § 18. The parties shall have the same number of peremptory Challenges challenges and the same challenges for cause to be tried in the same manner as upon a trial with an ordinary jury. rulings. § 19. The rulings of the trial court in admitting or excluding Court evidence upon the trial of any challenge for actual bias shall not be the subject of exception. Such rulings, and the allowance or disallowance of the challenge shall be final. Additional § 20. If the panel of special jurors thus drawn shall be exors, how hausted before the jury is complete, or if prior thereto the trial Special draw. court shall be of the opinion that additional special jurors will probably be needed to complete the jury, the trial court may, from time to time, direct such additional special jurors to be drawn for the trial from the special jury box as may be deemed expedient. The order must specify the number to be drawn, the time of the drawing and the time when the additional jurors shall be required and notified to attend. The additional drawing must be made by the county clerk or his deputy in open court, in presence of the judge or justice presiding at the trial, and of the special jury commissioner, who shall there produce the special jury box for the purpose of such additional drawing. Neither the sheriff nor his undersheriff need attend upon the drawing of such additional jurors. Such drawing or drawings shall otherwise be Minutes of conducted in the same manner as the original drawing. drawing. of add A minute thereof shall, in like manner, be kept by the special jury commissioner, which minute shall be entitled in the action, and shall specify, in addition to the names contained in each ballot drawn, the time stated in the order directing such additional drawing, when such additional jurors are required to attend such trial court. This minute shall be signed by the judge or justice. presiding at the trial, by the county clerk or his deputy and by the special jury commissioner, and when so signed filed in the office of the county clerk of said county. Notification § 21. The county clerk of said county must forthwith deliver tional spec- to the sheriff a certified copy of such minute. The sheriff must ial jurors. forthwith notify each additional special juror named in the minute to attend the court for which he was thus drawn at the time specified in such minute. The sheriff shall so notify each additional special juror by notice of the same tenor, and to be served in the same manner provided for upon the original drawing Return to of special jurors. Said sheriff must, before the hour specified in the minute for the attendance of such additional special jurors, file with the clerk of said trial court the certified copy of the minute with a return under his hand annexed thereto, and affidavits accompanying such return of the same tenor as the return and affidavits required in the case of the original drawing. clerk of court. Issues, how tried. § 22. Upon the formation of the special jury as hereinbefore provided, the issue must be tried as prescribed in the code of crim |