fied to attend, the fine may be imposed by the court, at the term which he was required to attend. But where it appears, by the return, that he was notified, by leaving the notice at his residence, the court must cause an order to be entered in its minutes, requiring him to show cause, on the first day of the next term of the court, why a fine should not be imposed upon him. 2 B. S. 483, 16 (2 Edm. 505). § 1074. Id.; if default was at circuit.-If the order is made at a term of a circuit court, it may, in the discretion of the court, direct the delinquent to show cause, on the first day of the next term of the county court of the same county. Id., 17. $1075. Duty of clerk and sheriff. The clerk must immediately deliver two certified copies of the order to the sheriff of the county, who must serve one copy on the delinquent personally, and return the other, with his proceedings thereon, to the term at which the delinquent is required to show cause. Id., 18 and 19, consolidated, with amendments. $1076. Proceedings upon return of such order. If the sheriff returns the copy of the order as personally served, or if the delinquent attends, in obedience thereto, the court must, unless good cause is shown to the contrary, impose the proper fine; otherwise it must make a further order, requiring the delinquent to show cause at the next term, why the fine should not be imposed. The proceedings under such an order are the same as under the first order. Similar orders must be made, from term to term, and similar proceedings taken, until the delinquent is personally served, or attends in obedience thereto. a., { 20 § 1077. When proceedings to cease. But if it appears, from the return of the sheriff, or from any other evidence, that the juror is dead, or insane, or has peranently removed from the county; or if a satisfactory use is rendered by any person, in his behalf, for his ult, the court may, in its discretion, discontinue the edings.. § 1078. This article not applicable to New-York and Kings counties. This article does not apply to the city and county of New-York, or to the county of Kings. TITLE IV. Trial jurors in New-York and Kings counties; mode of selecting them, and of procuring their attendance. ARTICLE 1. Provisions relating to trial jurors in the city and county of New-York. 2. Provisions relating to trial jurors in the county of Kings. ARTICLE FIRST. PROVISIONS RELATING TO TRIAL JURORS IN THE CITY AND COUNTY OF NEW-YORK. Bro. 1079. Qualifications of trial jurors. 1080. Who deemed a resident. 1081. Persons exempt from service. 1082. Evidence of right to exemption in certain cases. 1083. Military officers required to certify to commissioner persons 1084. Jury year; length of jury service required and allowed. 1087. Juror applying to court to be excused must produce notice, 1088. Service in a court not of record; when an excuse. 1089. Clerk of court to certify to commissioner as to attendance, excuses, fines, etc., of jurors. 1090. Commissioner of jurors to select trial jurors; his general powers. 1091. Commissioner may appoint assistants, etc.; who may admin ister oaths. 1092. All public officers required to aid the commissioner. 1093. Expenses of commissioner's office; how paid. 1094. List of jurors to be prepared, etc.; commissioner to decide as to exemptions. 1095. Persons may be required to testify as to Juror's liability to serve. Penalty for disobedience. 1096. Commissioner to return lists to county clerk; correction of lists. 1097. Old ballots to be destroyed and new ballots deposited; supplemental lists; new ballots therefor. 1098. Number of jurors to be drawn for each term of court of record, 1099. When Jurors to be drawn; what officer to attend drawing. 1100. Notice of drawing. 1101. Proceedings if officers do not appear. 1102. When jury to be drawn on adjourned day. Bao. 1103. Mode of drawing; minute; lists. 1104. Id.; where term consists of two or more parts. 1107. Clerk of court to certify as to mode of service. 1108. Court may order new panel to be drawn during term. 1109. Court of record to fine juror for non-attendance; power to re mit fine. 1110. Juror may also be arrested and compelled to serve. 1111. Jurors for district courts; how selected; punishment for nonattendance; clerk's duty; penalty for neglect. 1112. Sheriff's jury; how selected, etc. 1113. Proceedings before commissioner, to remit or enforce jury fines. 1114. Board for enforcement of jury fines; proceedings before it. 1115. General powers of board. 1116. Commissioner to issue warrant to collect fines; sheriff's powers and duties thereupon. 1117. Uncollected fines to be docketed, and enforced as judgments. 1118. Commissioner to receive fines, etc. His account; how ren dered and settled. 1119. Corporation attorney to prosecute for penalties; compromise, etc., of action. 1120. Penalty, for physician giving false certificate. 1121. Persons required to furnish information; penalty for refusal, etc. 1122. Punishment for bribery of officer, etc., by Juror drawn. 1124. Id.; for concealing offer to take bribe, etc. § 1079. Qualifications of trial jurors. In order to be qualified to serve, as a trial juror, in a court in the city and county of New-York, a person must be: 1. A male citizen of the United States, and a resident of that city and county. 2. Not less than twenty-one, nor more than seventy years of age. 3. The owner, in his own right, of real or personal erty, of the value of two hundred and fifty dollars; or the husband of a woman who is the owner, in her own right, of real or personal property of that value. 4. In the possession of his natural faculties, and not infirm or decrepit. 5. Free from all legal exceptions; intelligent; of sound mind and good character; and able to read and rite the English language understandingly.. in L. 1870, ch. 539, ?? 4 and 5, and subd. 1 of § 6, am'd. 30. Who deemed a resident. A person dwell. lodging in the city and county of New-York, for ter part of the time, between the first day of and the thirtieth day of June next thereafter ident of that city and county, for that jury year within the meaning of the last section; and it is not necessary, that he should have been assessed, or should have voted there. L. 1870, ch. 539, part of 4. See, also, L. 1847, ch. 495, § 1. § 1081. Persons exempt from service. - Either of the following persons, although qualified, is entitled, to an exemption from service, as a trial juror, upon his claiming an exemption, as prescribed in this article: 1. A clergyman, or a minister of any religion, officiating as such, and not following any other calling. 2. A practicing physician, surgeon, or surgeon dentist, having patients requiring his daily professional attention, and not following any other calling; and a licensed pharmaceutist or pharmacist while actually engaged in his profession as a means of livelihood. 3. An attorney or counsellor at law, regularly engaged in the practice of the law, as a means of livelihood. 4. A professor or teacher in a college, academy, or public school, not following any other calling, or an editor, editorial writer, or reporter of a daily newspaper regularly employed as such and not following any other vocation. In effect September 1. 1890. 5. The holder of an office, under the United States, or the State, or the city or county of New-York, whose official duties, at the time, prevent his attendance as a juror. 6. A consul of a foreign nation. 7. A captain, engineer, or other officer, actually employed upon a vessel, making regular trips; or a licensed pilot, actually following that calling. 8. A superintendent, conductor, or engineer, employed by a railroad company, other than a street railroad company; or a telegraph operator, employed by a telegraph company; who is actually doing duty in an office, or along the railroad or telegraph line of the company, by which he is employed. 9. A grand juror, or a sheriff's juror, for the year. selected pursuant to law. 10. Any officer, non-commissioned officer, musician, or private, actually serving in a brigade, regiment, battalion, company, or troop, of the old guard of the city of New-York or of the national guard of the State, uniformed and equipped, according to law, and faithfully performing his duty, by making the parades, and attending the drills, inspections, and reviews, required by law; or a general or staff-officer, actually performing duty as such; or a person who has been honorably discharged from the national guard, after five years' service in either capacity. 11. A person who has been honorably discharged from the military forces of the State, after seven years' faithful service therein. But in order to entitle a person to exemption, under this subdivision, his service must have been performed before the 23d day of April, 1862, either as a general or staff-officer, or as an officer, non-commissioned officer, musician, or private, in a uniformed battalion, company, or troop, of the militia of the State, and armed, uniformed, and equipped, according to law; or a portion thereof, during that period and in that capacity, and the remainder, since the 23d day of April, 1862, as a member of the national guard of the State. 12. A person who, after faithfully performing the duties of a fireman, in a fire company or fire department, duly organized according to the laws of the State, for five successive years, has been honorably discharged therefrom. 13. A person who is physically incapable of performing jury duty, by reason of severe sickness, deafness, or other physical disorder.(1) 14. A person holding office under the fire or police department of the city; or otherwise specially exempted by law.(2) From L. 1870, ch. 539, 6, as am'd by L. 1872, ch. 535, Subd. 3 was am'd in 1877. (1) From L. 1870, ch. 539, 8. (2) See L. 1873, ch. 335, # 53 and 77. 8 § 1082. Evidence of right to exemption in certain cases. The evidence of the right to exemption, as prescribed in the last section, is as follows: 1. Under subdivision tenth thereof, where the applicant is a member of a company or troop, the certificate of the captain, or other commanding officer thereof, 'ated within three months of the time of presenting Or the commissioner of jurors may, in his discrereceive the certified list, specified in the next secsufficient evidence thereof. Where the appliregimental officer, or a staff-officer, the evidence ght to exemption is the certificate of the ma eral, or other officer, commanding the first divis |