17 Civ. Pro. 19. 21 Abb. N. C. 238. 24 N. Y.State 53 Hun, 441. 26 N.Y.State Rep. 155. 114 N.Y. 574. within sixty days from the time when the cause or matter is finally submitted, otherwise either party may, before it is filed or delivered, serve a notice upon the attorney for the adverse party, that he elects to end the reference. In such a case the action must thenceforth proceed as if the reference had not been directed, and the referee is not entitled to any fees. § 1020. Where the double, treble, or other increased damages are given by statute, the decision of the court, or the report of the referee, must specify the sum awarded as single damages, and direct judgment for the increased damages. § 1021. [Am'd 1879.] The decision of the court, or the report of a referee, upon the trial of a demurrer, must direct the final or interlocutory judgment to be entered thereupon. Where it directs an interlocutory judgment, with leave to the party in fault to plead anew or amend, or permitting the action to be divided into two or more actions, and no other issue remains to be disposed of, it may also direct the final judgment to be entered if the party in fault fails to comply with any of the directions given or terms imposed. § 1022. [Am'd 1877.] The decision of the court, or the report of the referee, upon the trial of the whole issue of fact, must state separately the facts found, and the conclusions of law; and it must direct the judgment, to be entered thereupon. In an action where the costs are in the discretion of the court, the decision or report must award or deny costs; 132 N.Y.488. and, if it awards costs, it must designate the party to whom costs, to be taxed, are awarded. 35 N.Y.State Rep. 53. 124 N. Y. 83. § 1023. Before the cause is finally submitted to the court or the referee, or within such time afterwards, and before the decision or report is rendered, as the court or referee allows, the attorney for either party may submit, in writing, a statement of the facts, which he deems established by the evidence, and of the rulings upon questions of law, which he desires the court or the referee to make. The statement must be in the form of distinct propositions of law, or of fact, or both, separately stated; each of which must be numbered, and so prepared, with respect to its length, and the subject and phraseology thereof, that the court or referee may conveniently pass upon it. At or before the time, when the decision or report is rendered, the court or the referee must note, in the margin of the statement, the manner in which each proposition has been disposed of, and must either file, or return to the attorney, the statement thus noted; but an omission so to do does not affect the validity of the decision or report. 1024. A referee, appointed by the court, must be free from all just objections; and no person shall be so appointed, to whom all the parties object, except in an action to annul a marriage, or for a divorce, or a separation. A judge cannot be appointed a referee, in an action brought in the court, of which he is a judge, except by the written consent of the parties; and in that case he cannot receive any compensation as referee. § 1025. Where the court is authorized to appoint a referee, it may, in its discretion, appoint either one or three. And where a reference is made by consent of the parties. they may select any number of referees, not exceeding five. 1026. Where the reference is to more than one referee, all must meet together, and hear all the allegations and proofs of the parties; but a majority may appoint a time and place for the trial, decide any question which arises upon the trial, sign a report, or settle a case. Either of them may administer an oath to a witness; and a majority of those present, at a time and place appointed for the trial, may adjourn the trial to a future day. TITLE III Trial jurors, except in New York and Kings counties: mode of selecting them, and of procuring their attendance. ARTICLE 1. Qualifications and exemptions of trial jurors. 2. Mode of selecting, drawing, and procuring the attendance of trial jurors, in ordinary cases. 3. Mode of striking and procuring a special jury, and of procuring a foreign jury. 4. Penalties for non-attendance. ARTICLE FIRST. QUALIFICATIONS AND EXEMPTIONS OF TRIAL JURORS. 21027. Qualifications of trial jurors. 1028. Additional provision respecting property qnalifications. 1029. Certain public officers disqualified. 1030. Persons entitled to claim 1031. Evidence of exemption in certain cases. 1032. When juror to be discharged from serving. When juror to be excused from serving. 1033. 1034. Application of this article, as respects New York and Kings counties. § 1027. In order to be qualified to serve, as a trial juror, in a court of record, a person must be: 1. A male citizen of the United States, and a resident of the county. 2. Not less than twenty-one, or more than sixty years of age. 3. Assessed, for personal property, belonging to him, in his own right, to the amount of two hundred and fifty dollars; or the owner of a freehold estate in real property, situated in the county, belonging to him in his own right, of the value of one hundred and fifty dollars; or the husband of a woman who is the owner of a like freehold estate, belonging to her, in her own right. 4. In the possession of his natural faculties, and not infirm or decrepit. 5. Free from all legal exceptions; of fair character; of approved integrity; of sound judgment; and well informed. § 1028. But a person who was assessed, on the last assessment-roll of the town, for land in his possession, held under a contract for the purchase thereof, upon which improvements, owned by him, have been made, to the value of one hundred and fifty dollars, is qualified to serve as a trial juror, although he does not possess either of the qualifications specified in subdivision third of the last section, if he is qualified in every other respect. § 1029. Each of the following officers is disqualified to serve as a trial juror : 1. The Governor ; the Lieutenant-Governor; the Governor's private secretary. 2. The Secretary of State; the Comptroller; the State Treasurer; the Attorney-General; the State Engineer and Surveyor; a Canal Commissioner; an Inspector of State Prisons; a Canal Appraiser; the Superintendant of Public Instruction; the Superintendent of the Bank Department; the Superintendent of the Insurance Department; and the deputy of each officer, specified in this subdivision. 3. A member of the Legislature, during the session of the house, of which he is a member. 4. A judge of a court of record, or a surrogate. 5. A sheriff, under-sheriff, or deputy-sheriff. 6. The clerk or deputy-clerk of a court of record § 1030. [Am'd 1879, 1883, 1890.] Each of the following persons, although qualified, is entitled to exemption from service as a trial juror, upon his claiming exemption therefrom: 1. A clergyman, or a minister of any religion officiating as such, and not following any other calling. 2. A resident officer of, or an attendant, assistant, teacher, or other person actually employed in a State asylum for lunatics, idiots or habitual drunkards. 3. The agent or warden of a State prison, the keeper of a county jail, or a person actually employed in a State prison or county jail. 4. A practicing physician or surgeon, having patients requiring his daily professional attention, and a licensed pharmacist actually engaged in his profession as a means of livelihood. 5. An attorney or counselor at law regularly engaged in the practice of the law as a means of livelihood. 6. A professor or teacher in a college or academy. 7. A person actually employed in a glass, cotton, linen, woolen or iron manufacturing company, by the year, month or season.. 8. A superintendent, engineer, or collector on a canal, authorized by the law of the State, which is actually constructed and navigated. 9. A master engineer, assistant engineer, or fireman, actually employed upon a steam vessel, making regular trips. 10. A superintendent, conductor, or engineer, employed by a railroad company, other than a street railroad company, or an operator or assistant 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. 11. An officer, non-commissioned officer, musician or private of the national guard of the State, performing military duty, or a person who has been honorably discharged from the national guard, after five years service in either capacity. 12. 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 twenty-third day of April, eighteen hundred and sixtytwo, either as a general or staff-officer, or as an officer, noncommissioned 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 twenty-third day of April, eighteen hundred and sixty-two, as a member of the national guard of the State. 13. A member of a fire company or fire department duly organized according to law of the State and performing his duties therein; or a person who, after faithfully serving five Successive years in such a fire company or fire department, has been honorably discharged therefrom. 14. A duly licensed engineer of steam boilers, actually emplored as such. 15. A person otherwise specially exempted by law. § 1031. 14m'd 1886.] The evidence of the right to exemption as prescribed in the last section is as follows: 1. Under subdivision second thereof, the certificate of the uperintendent or other principal officer of the asylum. 2. Under subdivision third thereof, the certificate of the varden or other principal officer of the State prison, or the heriff of the county, as the case requires. 3. Under subdivision eleventh thereof, where the applicant s a non-commissioned officer, musician or private in a company or troop of the national guard, the certificate of the commanding officer of the company or troop, accompanied with proof by affidavit of the genuineness of the signature hereto. 4. Under the last clause of subdivision eleventh, or under subdivision twelfth thereof, in the discretion of the court, the discharge of the person from military service, if it shows the acts entitling him to exemption. 5. Under the first clause of subdivision thirteenth thereof, where the applicant is under the rank of foreman, the certificate of the foreman, or other chief officer of the company to which the applicant belongs, accompanied with proof, by affidavit, of the genuineness of the signature thereof. 6. Under the last clause of subdivision thirteenth thereof, the certificate of the chief engineer of the fire department of the city or village where the service was performed, or of the mayor or president of the city or village, accompanied with proof, by affidavit or acknowledgment, of the genuineness of the signature thereof, which certificate, so proved, accompanied by a notice indorsed thereon that the applicant claims exemption from jury duty for a period specified therein, may be filed in the office of the clerk of the county where such applicant resides. From the date of such filing such applicant shall not be liable to perform any jury duty in the county where such certificate and notice are filed during the period specified in such notice; and the county clerk shall thereupon erase the name of such applicant from the jury lists, and 'destroy the ballot before drawing another jury. A certificate specified in subdivisions one, two, three and five of this section must be dated within three months prior to the time of presenting it and filed with the clerk of the court to which it is presented. In case the certificate and notice provided for in subdivision six of this section is not filed as therein provided the applicant shall not be entitled to exemption for any cause specified in the last clause of subdivision thirteen of section one thousand and thirty of this act. 1032. The court must discharge a person from serving as a trial juror, in either of the following cases: 1. Where it satisfactorily appears that he is not qualified. 2. Where it satisfactorily appears that he is exempt, and he claims the benefit of the exemption. 26 N. Y.State Rep. 40, Where a person is discharged, for either of the causes specified in this section, the clerk must destroy the ballot, containing his name. § 1033. Upon satisfactory proof of the facts, a court, at the term to which a person is returned as a trial juror, must excuse him from serving during the whole, or a portion of the term, in either of the following cases: 1. Where he is a justice of the peace, or executes any other civil office, the duties of which are, at the time, inconsistent with his attendance as a juror. 2. Where he is a teacher in a school, actually employed and serving as such. 3. Where, for any other reason, the interests of the public, or of the juror, will be materially injured by his attendance; or his own health, or the health of a member of his family, requires his absence; or he is temporarily incapacitated, for any reason, from properly discharging the duties of a juror. Where a person is execused, in either of the cases specified in this section, the ballot, containing his name, must be returned to the box from which it was taken. § 1034. Section ten hundred and twenty-nine of this act applies throughout the State. The remainder of this article does not apply to the city and county of New York, or the county of Kings. ARTICLE SECOND. MODE OF SELECTING, DRAWING, AND PROCURING THE ATTENDANCE OF TRIAL JURORS, IN ORDINARY CASES. 1035. Certain town officers to make lists of trial jurors. 1036. Names of jurors to be taken from assessmentroll. 1037. Duplicate juror lists to be made and filed. 1038. County clerk to make and deposit ballots. 1039. County clerk to destroy old ballots. 1040. Jurors So returned to serve for three years. 1041. Wards of certain cities to be considered towns, etc. 1042. When and how many 1043. Notice of drawing. 1045. Sheriff or county judge, 1046. Certain officers required to be present at drawing. 1047. Mode of drawing jurors; minute of drawing; list to be delivered to sheriff. 1048. Sheriff to notify jurors and make return. 1049. Applicants to be furnish |