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$ 1111. Jurors for district courts; how selected ; punishment for non-attendance; clerk's duty; penalty for neglect. - A list of trial jurors, for each of the district courts, must be selected by the coinmissioner of jurors; and must consist of not less than fifty, nor more than one hundred jurors. A person shall not be placed apon such a list, who does not reside in the district, in which the court is held. The judge of each district court must impose a fine of twenty-five dollars, upon each person, duly drawn, and notified to attend the court, as a trial juror, who fails to attend, as required by the notice. The clerk of the court must, within ten days thereafter, transmit to the commissioner of jurors A certificate, slowing that the fine has been so imposed, and stating how the notice to attend was served upon the delinquent, in order that the same proceedings inay be had, as in the case of a delinquent juror in a court of record. A judge, or a clerk, who violates this section, forfeits one hundred and fifty dollars for each offence, L. 1870, ch. 639, part of $ 29, and 3 30, consolidated.

$ 1112. [Amended, 1886.] Sheriff's jury; how selected, etc.- The sheriff of the city and county of New York shall select from the list of trial jurors for eaclı jury year, the names of not less than two hundred and fifty, nor more than three hundred persons, to constitute the sheriff's jurors, for that jury year, and he shall forth with transmit, to the commissioner of jurors, a list, certified by him, containing the names of the persons so selected, with the proper additions of each, and showing that they have been selected, as prescribed in this section, The sheriff must cause ballots to be prepared, as prescribed in article second of title third of this chapter, and to be deposited in a proper box. Where the sheriff is authorized or required by law, to empanel a jury for any purpose, the requisite number of ballots must be drawn from the box, as prescribed in that article, by the sheriff, or by his under-sheriff, or deputy-sheriff. But the sheriff may, in his discretion, divide the names contained in the list, into three panels, each containing an equal number of names, as nearly as may be. In that case, he must designate the months, in which sach panel will be used, so that the jury duty shall be dis

tributed equally, as nearly as may be, among the jurors; and ballots shall be deposited in the box, at the beginning of each month, containing the names of the jurors designated for that mouth.

New.

$ 1113. (Amended, 1895.) Remitting and enforcing jury fines.—Upon receiving the return to the minute and certificate required by the provisions of section ten hundred and eighty-nine to be filed in the office of the commissioner of jurors, and the certificate required to be transmitted to said commissioner of jurors, as prescribed in section eleven hundred and eleven,' said commissioner shall transmit a list of the delinquent jurors who have been returned as fined, to the counsel to the corporation of said city, whose duty it shall be to apply forth with to a judge of the court in which such fine shall have been imposed, for an order directing each delinquent trial juror, returned as having been fined in such court, to show cause before the judge by whom such fine was imposed, or such other judge as may be designated in such order, should the judge by whom such fine was imposed have ceased to be a member of such court, or for any other reason shall be unable to hear such proceeding at a time and place to be named therein, why the payment of the fine should not be enforced. of the absence of such judge at the time and place mentioned in said order, the proceedings thereunder may be conducted before such other judge of said court as may be then and there present. Said order shall be served upon the persoas to whom the same is addressed, by delivering to each one personally, and leaving with him, a copy of the same. It shall be the duty of the commissioner of jurors to cause such orders to be served.

Such service may be made by any person by whom a summons in a civil action in a court of record might be served who may be designated for the purpose of* the commissioner of jurors and proof of such service may be made by affidavit. The proofs of such service shall be transmitted to the counsel to the corporation. In case of failure to make such service it shall be the duty of the commissioner of jurors to transmit to the counsel

In case

*So in original.

to the corporation the affidavit, of the person charged with the duty of making such service, setting forth the reasons for such failure and the efforts made to effect such service. As many delinquents may be included in one proceeding as the counsel to the corporation may determine, but the copy of the order required to be served upon each delinquent need not specify the names of other delinquents included in the same proceeding. If the delinquent attends in obedience to said order to show cause, the judge before whom the same is heard, may, for good cause shown, remit such fine in whole or in part. If such fine is not remitted, or is remitted only in part, the judge shall order the said fine, or so much thereof as shall not have been remitted as the case may be, to be enforced. If the delinquent shall fail to ap pear, a like order shall be made for the enforcement of the fine upon due proof by affidavit of the service upon such delinquent of such order to show cause. In ali cases in which a fine siiall be ordered to be enforced in whole or in part, costs not exceeding ten dollars in each case, shall be awarded against the delinquent, which shall be added to and form a part of the line to be enforced. The order for the enforcement of a fine, in whole or in part, shall be conclusive with respect thereto. An appeal may be taken from any such order not made on default to the appellate division of the court, to which an appeal now lies from any order or judgment made or rendered in the court in which such fine is imposed. Such appeal shall be taken in the same time and in like manner as is now provided by law in relation to appeals from orders made in such court and shall be final. In effect Jan. 1, 1896 ; L. 1895, ch. 946.

$ 1114. Board for enforcement of jury fines. [Rejealed ch. 343 of 1889; in effect Oct. 1, 1889.]

§ 1115. General powers of board. [Repealed ch. 5+3 of 1889; in effect Oct. 1, 1839.]

§ 1116. Commissioner to issue warrants to sheriff. (miepealed ch. 343 of 1889; in effect Oct. 1, 1889.]

§ 1117. [Amended, 1889.] Uncollected fines, entc rcement of. - All orders for the enforcement of the

payment of fines shall be filed in the office of the county clerk in said city, who must make in the docket-book of judgments kept by him in the same entries, as nearly as may be, with respect to each fine, as if it were a final judgment rendered in action. When the entries have been made, the fine, including costs with interest thereon, from the date of the order of enforcement, becomes a lien upon the real property of the person fined, in like manner and to the same extent as if it was recorered by a judgment in the supreme court, and an execution to collect it may be issued, directed to the sheriff of the city and county of New York, as upon such a judgment. The commissioner has, in relation 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. Upon the return of any such execution unsatisfied, in whole or in part, the court in which such fine shall have been imposed shall have power, on the application of the commissioner of jurors, and upon such notice as the court shall direct, to punish the delinquent juror for misconduct, in failing to pay such fine, or as much thereof as may remain unpaid, by imprisonment not exceeding thirty days in the county jail.

In effect Oct. 1, 1889.

$ 1118. (Amended, 1889.] Commissioner to receive fines ; accounts of. - The commissioner of jurors must receive all moneys paid or collected for fines or penalties, as prescribed in this article; aud le may make all payments therefrom, which he is authorized by this article to make. He must give a receipt for any money paid to him, for a fue or penalty. He must keep a just and faithful account of all receipts and payments, by items, showing the name of the person from whoin each sum of money was received and to whom each sum of money was paid; and inust, at all reasonable times, keep his account open to public inspection. At the end of each calendar year, his account must be verified by his afidavit, to the effect that it is in all respects just and trut; and that he has not received any sum of money during the year, for which he has not charged himself in the account;

and the commissioner must thereupon pay over to the chamberlain of the city, the balance, if any, in his hands. The account must immediately be transınitted by the commissioner to the clerk of the board of aldermen, and must be published in the newspaper designated as prescribed by law, for the publication of the official proceedings of city officers. Am'd ch. 343 of 1889; in effect, Oct. 1, 1889.

$ 1119. (Amended, 1889.] Corporation counsel to prosecute, etc.— The counsel to the corporation shall conduct all the proceedings for the enforcement and collection of such fines, in the name and on behalf of the commissioner of jurors. He shall also, when required by the commissioner of jurors, prosecute, in the proper court, an action for the collection of each penalty incurred as prescribed in this article; unless he is satisfied, upon an examination of the case, that there is a defense to the action. The action for the collection of a penalty must be maintained in the name of the mayor, aldermen and commonalty of the city of New York, as plaintiffs. The commissioner, with the assent of the counsel to the corporation, may compromise, settle or discontinue an action so brought. The proceeds of an action prosecuted to judgment and execution or compromise as prescribed in this action must be paid to the commissioner. It shall be the duty of the counsel to the corporation to make a separate report once every three months to the mayor of said city, which report shall state the number and names of the persons fined according to the papers transmitted to him by the commissioner of jurors, since his last report, the amount of such fines, the number and names of the persons procoeded against by him since his last report, the number and names of the persons against whom orders for the

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