IV. Commissioners to take affidavits and the proof or acknowledgment of deeds, out of this state.

CHAPTER I.

ARTICLE I. Jurors, in general.

II. Their qualifications and exemptions.

III. Manner of returning the grand jury list, and drawing and summoning

the grand jury.

IV. Manner of returning the trial jury list, except in the city of New-
York.

V. Manner of returning the trial jury list, in the city of New-York.
VI. Drawing and summoning the trial jury for the circuits and courts of
oyer and serminer, the superior court and court of common pleas
of the city of New-York, the courts of sessions, and the county,
surrogates' and city courts.

VII. Drawing and summoning the trial jury, for the marine court of the
city of New-York.

VIII. Drawing and summoning the trial jury, for the justices' and police
courts.

IX. Drawing and summoning the trial jury, in special proceedings.
X. Manner of returning special jurors.

ARTICLE I.

JURORS, IN GENERAL.

SECTION 244. Definition of a jury.
245. Different kinds of juries.
245. Definition of a grand jury.

247. Definition of a trial jury.

248. Definition of a jury of inquest.

249. Number of a trial jury.

250. Foreign juries, juries de medietate linguæ, an I trial at bar, abolished.

§ 244. A jury is a body of men temporarily selected from the citizens of a particular district, and invested with the power to present or indict a person for a public offence, or to try a question of fact.

245. A jury is of three kinds:

1. A grand jury:

2. A trial jury: and,

3. A jury of inquest.

§ 246. A grand jury is a body of men, not less than sixteen nor more than twenty-three in number, returned at stated periods from the citizens of the county, before a court of competent jurisdiction, and chosen by lot and sworn to inquire of public offences committed or triable within the county.

§ 247. A trial jury is a body of men, returned from the citizens of a particular district, before a court or officer of competent jurisdiction, and chosen by lot and sworn to try and determine, by an unanimous verdict, a question of fact.

§ 248. A jury of inquest is a body of men, summoned from the citizens of a particular district, before the sheriff, coroner, or other ministerial officer, to inquire of particular facts.

§ 249. A trial jury consists of twelve men, except as otherwise provided in this code in respect to a justice's or police court, or a special proceeding.

§ 250. Foreign juries, juries de medietate lingua, and trials by a jury at the bar of the court, are abolished; and no question of fact triable by a jury, can be tried except by a jury returned, chosen and sworn as provided in this code.

ARTICLE II.

THE QUALIFICATIONS AND EXEMPTIONS OF JURORS.

SECTION 251. Who are competent to act as jurors.

252.

Who are exempt.

253. Who may be excused.

§ 251. A person is not competent to act as a juror, unless he be,

1. A citizen of the United States:

2. A white male inhabitant of the town or ward from which he is returned:

3. Over twenty-one and under sixty years of age:

4. In the possession of his natural faculties, and not decrepid.

5. Of good moral character, of sound judgment, and well informed: and,

6. Subject to assessment, for personal property belonging to him, or for land in his possession, which he holds under contract for the purchase thereof, upon which improvements have been made of the value of one hundred and fifty dollars; or having a freehold estate in the county, in his own right or in right of his wife, of the value of one hundred and fifty dollars.

§ 252. A person is exempt from liability to act as a juror, if he be,

1. A judicial officer, as defined in section 214:

2. Any other civil officer of this state or of the United

states, whose duties are at the time inconsistent with his attendance as a juror:

3. An attorney and counsellor :

4. A minister of the gospel, or a priest of any denomination:

5. A teacher in a college, academy or school:

6. A practising physician:

7. An acting non-commissioned officer, musician or private, of an uniformed company or troop, duly equipped and organized according to law; the evidence of which is the certificate of the commanding officer, verified by oath, and dated within three months of the time when the exemption is claimed:

8. An acting member of a company of firemen, duly organized according to law; the evidence of which is the certificate of the foreman or other chief officer of the

company:

9. A person who, on the first day of May, 1849, had served, or who thereafter may serve, as an acting member of a company of firemen in a city or village of this state, for five years; the evidence of which is the certificate of the chief engineer or head of the fire department of the city or village:

10. A superintendent, engineer, collector or conductor of a canal or railroad, constructed by the authority of this state, and in actual use:

11. An officer, keeper, or attendant of an alms-house, poor-house, hospital, asylum, or other charitable institution, created by or under the laws of this state:

12. A person in the actual employment of an incorporated manufacturing company, by the year, month or

season or

13. A person specially exempted by any other statute, from serving on a jury.

§ 253. A person may be excused from acting as a juror, when, for any reason, his interests or those of the public will be materially injured by his attendance: or when his own health, or the death or sickness of a member of his family, requires his absence.