ARTICLE VII.

DRAWING AND SUMMONING THE TRIAL JURY FOR THE MARINE COURT OF THE CITY OF NEW-YORK.

SECTION 308. Trial jury for marine court.

309. To be drawn for every alternate Monday.

310. Drawing, how conducted.

311. Jury list to be delivered to a constable or policeman.

312. Jurors to be summoned three days before court.

313. Fine may be imposed for not attending.

314. Disposition of the ballots drawn.

315. Certain sections to apply.

§ 308. A trial jury, when required for the marine court of the city of New-York, must be drawn from the undrawn jury box of that city,

§ 309. A trial jury of twenty persons must be drawn for this court, for every alternate Monday, commencing with the first Monday of January, 1851, to serve until the second Saturday, inclusive, after the day for which they were drawn.

§ 310. The drawing must take place publicly, at the office of the county clerk, on the Wednesday preceding the day for which the jury is drawn; and must be conducted by him in the manner prescribed in section 268, in respect to grand jurors, except that no other officer need be present. He must also immediately deliver to the clerk of this court a certified list of the persons drawn as jurors, with their places of residence and occupations, and stating that they were drawn for this court, and the day for which they were drawn.

§ 311. The clerk of this court must immediately deliver the list to a constable, or to a policeman detailed

by the mayor to attend the court, with a written notice directed to each person named in the list, requiring him to attend as a trial juror at this court on the day for which the jury was drawn.

§ 312. The officer must thereupon, at least three days before the court, summon each of the persons named in the list, by giving him the notice mentioned in the last section personally, or by leaving it at his place of residence with some person of suitable age and discretion; and must return the list to the court, at its opening on the day for which the jury was drawn, specifying the persons summoned and the manner in which each was notified. If the officer be a policeman, he is not entitled to any fee for summoning the jury.

§ 313. When the list is returned, the court may impose a fine, not exceeding ten dollars, for each day a juror without reasonable cause neglects to attend. But if the notice were not personally served, the fine cannot be imposed, until, upon an order to show cause, an opportunity is afforded him to be heard.

§ 314. The county clerk must preserve the ballots drawn, as provided in section 275, until after the expiration of the period of service for which the jury was. drawn. The clerk of this court must then deliver to him a certified list of the persons returned, in the manner prescribed in section 276; and the county clerk must thereupon dispose of the ballots retained, as provided in section 275.

§ 315. The provisions of sections 277 and 278, in respect to grand jurors, (substituting the word trial in place of the word grand,) apply to trial jurors in this

court.

ARTICLE VIII.

DRAWING AND SUMMONING THE TRIAL JURY, FOR THE JUSTICES' AND

POLICE COURTS.

SECTION 316. Jury for justices' and police courts, how drawn.

317. When to be drawn.

318. Jury list to be delivered to officer.

319. Manner of summoning jury.

320. Court may fine jnrors for not attending.

321. Certain sections to apply.

§ 316. A trial jury, when required for a justice's or police court, must be drawn from the undrawn jury box of the justice or justices' district.

§ 317. A trial jury of twelve persons must be publicly drawn,

1. For a justice's court, when demanded by either party, at the time when an issue of fact is joined:

2. For a police court, when demanded by the defendant, at the time of pleading, unless he plead guilty.

§ 318. The justice or clerk of the court for which the jury is drawn, must immediately deliver the list to a constable or marshal of the city or town, with a written notice directed to each person named in the list, requiring him to attend as a juror at a time and place specified therein.

$319. The officer must thereupon immediately summon each of the persons named in the list, by giving him the notice mentioned in the last section personally, or by leaving it at his place of residence with some person of suitable age and discretion, and must return the list to the court, at its opening on the day for which the jury was drawn, specifying the persons summoned, and the manner in which each was notified.

§ 320. The court to which the list is returned, may impose a fine, not exceeding five dollars, for the neglect of a juror, without reasonable cause, to attend. But if the notice were not personally served, the fine cannot be imposed, until, upon an order to show cause, an opportunity is afforded him to be heard.

§ 321. The provisions of sections 277 and 278, in respect to grand jurors, (substituting the word justices' in place of the word grand,) apply to justices' jurors.

ARTICLE IX.

DRAWING AND SUMMONING THE TRIAL JURY, IN SPECIAL PROCEEDINGS.

SECTION 322. Trial jury in a special proceeding, in a court.

323. Manner of drawing jury.

324. Order for jury must specify the number.

325. Special jury before justice.

326. Jury in special cases, before other officers.

§ 322. The trial jury in a special proceeding in a court, is the same which is drawn and summoned for the trial of questions of fact therein.

§ 323. A trial jury, when required in a special proceeding before a judicial officer, as provided in this code, must be drawn as follows:

1. If before a justice of the peace or of a justice's court, from the justice's undrawn jury box:

2. If before any other judicial officer, from the undrawn jury box of the county in which the trial is to be had. But if it be before a judge elected in a city, the clerk must return to the box, every ballot containing the name of a person not stated therein, to reside in the city in which the trial is to be had.

§ 324. The order for a jury must specify the number of jurors to be drawn; and when made by a judicial officer other than a justice of the peace or of a justice's court in a city, must specify the time and place for which it is to be drawn.

§ 325. The jury, in a special proceeding before a justice, must be drawn and summoned as provided in sections 316, 318 and 319, and the provisions of sections 277 and 278, (substituting the word trial in place of the word grand,) and of section 320, (substituting the word justice in place of the word court,) are applicable thereto.

§ 326. When drawn in a proceeding before any other judicial officer, it must be drawn by the county clerk, in the manner provided in section, 268: and the provisions of sections 277 and 278, (substituting the word trial in place of the word grand,) and of section 320,