1. The supreme court, except in the city and county of New York, and the county of Kings, and except for extraordinary or adjourned terms, and except for a term thereof for which a trial jury is not required to be drawn. But whenever in any other county than New York and Kings, more than four terms of the supreme court shall be appointed to be held in any year, the justices of the supreme court, or a majority of them, of the district in which said county is situated may designate four terms of the supreme court in said county for which a grand jury shall be drawn, and a grand jury shall attend at such terms only; and

2. The court of general sessions of the city and county of New York, and the county court of the county of Kings. (Amended by L. 1895, ch. 880; L. 1908, ch. 49. In effect Sept. 1, 1908.)

People v. Rugg (1885), 98 N. Y. 537, 3 Crim. Rep. 176; People v. McKane (1894), 80 Hun 326, 62 St. Rep. 7, 30 N. Y. Supp. 95; People v. Scannell (1902), 37 Misc. 345, 349, 75 N. Y. Supp. 500.

§ 226. Idem.

A grand jury may also be drawn:

1. For every other county court, when specially ordered by the court or by the board of supervisors.

2. For the supreme court in the city and county of New York, upon the order of a justice of the supreme court, elected in the first judicial district.

3. For the supreme court, of the county of Kings, upon the order of a justice of the supreme court, elected in the second judicial district.

the

4. For an extraordinary term of the supreme court or a term thereof for which a trial jury is not required to be drawn, upon order of the justice named to hold or preside at the same.

5. For any term of the court of general sessions of the city and county of New York upon the order of a judge of the court of general sessions, whenever the public interest requires such additional grand jury.

6. For any term of the county court of the county of Kings, upon the order of a judge thereof whenever the public interest requires such additional grand jury. (Amended by L. 1895, ch. 880; L. 1907, ch. 615; L. 1908, ch. 49; L. 1913, ch. 213, in effect April 4, 1913.)

People v. Rugg (1885), 98 N. Y. 537, 3 Crim. Rep. 178; People v. McKane (1894), 80 Hun, 326, 30 N. Y. Supp. 195.

§ 227.

For what courts to be drawn; the order.

jury must be entered upon its minutes, and a copy thereof filed with the county clerk at least twenty days before the term for which the jury is ordered. If made by the board of supervisors a copy thereof, certified by the clerk of the board, must be filed with the county clerk, at least twenty days before the term; and when so filed, is conclusive evidence of the authority for drawing the jury.

People v. Rugg (1885), 3 Crim. Rep. 178, 98 N. Y. 537; People v. Farmer (1909), 194 N. Y. 268; People v. Scannell (1902), 37 Misc. 345, 349, 75 N. Y. Supp. 500.

§ 228. Misdescription in order.

A misdescription of the title of the court in an order for a grand jury does not affect the validity of the order, if it can be plainly understood therefrom what court is intended.

§ 229. Mode of selecting grand jurors.

The mode of selecting grand jurors is prescribed by special statutes. (Amended by L. 1909, ch. 66, § 5, L. 1909, ch. 419. In effect May 21, 1909.)

People v. Duff (1883), 4 Crim. Rep. 312.

§ 229-a. List of grand jurors, except in New York county. Unless otherwise specially provided by law, the supervisors of the several counties of this state, except the county of New York, at their annual meetings in each year, shall prepare a list of the names of three hundred persons, to serve as grand jurors at the terms of the supreme court and county courts, to be held in their respective counties during the then ensuing year and until new lists shall be returned. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.)

Derivation: 2 R. S. 720, § 1, as amended by L. 1896, ch. 574, § 1.

§ 229-b. Qualifications of persons to be placed on list of grand jurors.

In preparing such lists the said boards of supervisors shall select such persons only, whose names appear upon the last assessment-roll of the town or ward, as they know, or have good reason to believe, are possessed of the qualifications by law required of

of approved integrity, fair character, sound judgment and well (Added by L. 1909, ch. 66, § 1. In effect Feb. 17,

informed.

1909.)

Derivation: 2 R. S. 720, § 3, as amended by L. 1890, ch. 156, § 1.

§ 229-c. Persons exempt from serving on trial juries not to be placed on list of grand jurors.

Persons exempt by law from serving as jurors for the trial of issues of fact, shall not be placed on any list of grand jurors, required by the preceding provisions. (Added by L. 1909, ch. 66, 1. In effect Feb. 17, 1909.)

Derivation: 2 R. S. 720, § 4.

§ 229-d. Contents of grand jurors' list and its certification and filing.

The list so made out by the said boards of supervisors shall contain the christian and surnames, at length, of the persons named therein, their respective places of residence, and their several occupations; it shall be certified by the clerk of the board. of supervisors and shall be filed in the office of the clerk of the county on or before the tenth day of December in each year. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.) Derivation: 2 R. S. 721, § 5, as amended by L. 1896, ch. 34, § 1.

§ 229-e. Duty of county in preparing grand jurors' ballots. On receiving such list the county clerk shall write the names of the persons contained therein, with their additions and places of residence, on separate pieces of paper, and shall roll up or fold such pieces of paper, each in the same manner as near as may be, so that the name written therein shall not be visible, and shall deposit such pieces of paper in a sufficient box from which they shall be drawn as hereinafter provided. If, from any cause, such box or the pieces of paper containing the names of jurors so deposited therein shall be lost or destroyed, the county clerk, in whose office such loss or destruction shall happen, shall forthwith provide a new box and again write the names of the persons contained in the list, so filed in his office, on separate pieces of paper and roll up or fold the same in the same manner as herein before directed, and deposit the same in the box so pro

vided by him. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.)

Derivation: 2 R. S. 721, § 6, as amended by L. 1880, ch. 122, § 1.

§ 229-f. Increasing the number of grand jurors to be returned.

If the county judge of any county of this state, except the county of New York, shall at any time be of opinion that a greater number of persons than that therein required, should be returned to serve as grand jurors in their county, he may, by an order under his hand, direct such number to be increased; but such increase shall not exceed one-half the number herein required to be selected for such county. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.)

Derivation: 2 R. S. 721, § 8.

§ 229-g. Supervisors to increase the number of grand jurors to be returned.

Upon any order which is authorized by the last section being served upon the board of supervisors, they shall at their next annual meeting, increase the number of persons returned by them to serve as grand jurors, pursuant to such order. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.)

Derivation: 2 R. S. 721, § 9.

§ 229-h. Time and method of drawing grand jury.

At the time of drawing the names of jurors for the trial of issues of fact, in any term of the supreme court or county court, the county clerk, in the presence and with the assistance of the sheriff or under sheriff, and of the county judge, or, in case of his absence or illness, of the special county judge, or, in a county where there is no special county judge, of the surrogate or of a justice of the supreme court residing in such county, who shall have attended for the purpose of drawing the trial jury for such court, shall proceed and draw the names of twenty-four persons, from the box in which the pieces of paper shall have been deposited for that purpose, to serve as grand jurors at such term of the supreme court, or county court as the case may be.

L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.)

(Added by

Derivation 2 R. S. 721, § 10, as amended by L. 1841, ch. 332, § 1;

L. 1896.

§ 229-i. Manner of drawing grand jury.

Such drawing shall be conducted in all respects, in the manner prescribed by law for drawing trial jurors; a minute of such drawing shall be kept, signed and filed in the like manner; and a list of the persons so drawn, with their additions and places of residence, and specifying for what court they shall have been drawn, shall be made and certified by the clerk and the attending officers, and shall be delivered to the sheriff of the county. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.) Derivation: 2 R. S. 722, § 11.

§ 229-j. Sheriff to summon grand jurors.

The sheriff shall summon the persons named in such list, to attend such court as grand jurors, at least six days previous to the sitting of such court, by giving personal notice to each person, or by leaving a written notice at his place of residence, with some person of proper age. He shall return such list to the court at the opening thereof, specifying those who were summoned, and the manner in which each person was notified. (Added by L. 1909, ch 66, § 1. In effect Feb. 17, 1909.)

Derivation: 2 R. S. 722, § 12.

§ 229-k. Fine to be imposed on grand jurors for neglect to attend.

The court to which any list of grand jurors so drawn shall be returned by the sheriff, shall impose a fine not exceeding twentyfive dollars, for each day that any person duly summoned as a grand juror shall, without reasonable cause, neglect to attend. But if it appear that any such person was notified by leaving a written notice at his place of residence, the court shall suspend such fine, until the defaulting grand juror shall be notified, as provided by law. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.)

Derivation: 2 R. S. 722, § 13.

§ 229-1. Discharge of person from serving as grand juror. The court may discharge any person from serving as a grand juror, in the same cases, in which trial jurors may by law be discharged. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.)