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ARTICLE III.

MANNER OF RETURNING THE GRAND JURY LIST, AND DRAWING AND SUMMONING THE GRAND JURY.

SECTION 254. Grand jury list to be made annually by supervisors.

255. Names to be selected.

256. List. how made, and when and where filed.

257. County clerk to keep grand jury box, and box of drawn grand jurors. 258. To deposit ballots in grand jury box.

259. Grand jury to be drawn from names deposited. How drawn for a

city court.

260. For what courts grand jury must be drawn.

261. For what courts it may be drawn.

262. Order for drawing in such case, how made and filed.

263. Misdescription of ceurt, not to invalidate order.

264. Number of ballots to be drawn, to constitute grand jury.

265. Drawing, when and where to take place.

266. Notice of drawing.

267. Officers to attend drawing.

268. Drawing, how conducted.

269. Panel to be delivered to sheriff.

270. Entry in minute of drawing for a city court.

271. Grand jury, when and how summoned.

272. Panel, when and how returned.

273. Penalty on grand jurors for non-attendance.

274. Clerk or sheriff to furnish copy panel without charge.

275. Ballots drawn, how disposed of.

276. Clerk of court to deliver certificate to county clerk, respecting atten

dance of grand jurors.

277, 278. Grand juror not to be drawn again during same year, unless ballots in grand jury box exhausted.

279. Proceedings, where a person is drawn both as a grand and trial juror.

§ 254. The board of supervisors of each county must annually make a list, denominated the grand jury list, containing the names of persons to serve as grand jurors at the courts of oyer and terminer and sessions and city courts in the county, until a new list be returned, in the following manner:

1. In the city and county of New-York, it must be made annually on the first Monday of July, and must contain the names of twelve hundred persons:

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2. In the other counties, it must be made at the annual meeting of the board of supervisors, and must contain the names of three hundred persons, apportioned among the different towns and wards, according to the number of persons assessed on the last preceding assessment roll.

§ 255. In preparing the grand jury list, the names of those persons only must be selected, who are known or believed to be possessed of the qualifications prescribed in section 251, and not entitled to exemption, as provided in section 252.

§ 256. The grand jury list must contain the christian and surname at length, and the place of residence and occupation of each person named therein, and must be certified by the clerk of the board of supervisors, and filed in the office of the clerk of the county, within ten days after the day on which it is required to be prepared.

§ 257. The county clerk must keep in his office, two sufficient boxes, carefully secured, the one of which is denominated the grand jury box, and the other the box of drawn grand jurors.

§ 258. On receiving the grand jury list, he must destroy all ballots remaining in both boxes, and must prepare and deposit in the grand jury box, separate ballots, containing the name, place of residence and occupation of each person embraced in the list, and

folded as nearly alike as possible, and so that the name cannot be seen.

§ 259. The grand jury for every court in the county, must be drawn from the names deposited in the grand jury box. But if it be drawn for a city court, the clerk must return to the box, every ballot containing the name of a person not stated thereon to reside in the city in which the court is established.

§ 260. A grand jury must be drawn for every term of the following courts:

1. The court of oyer and terminer, except in the city and county of New-York:

2. The court of sessions of the city of New-York, and the city courts.

§ 261. A grand jury may also be drawn,

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

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

§ 262. If made by the court, the order must be entered upon its minutes, and a copy thereof filed with the county clerk, at least thirty 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

thirty days before the term; and when so filed, is conclusive evidence of the authority for drawing the ju

ry.

§ 263. A misdescription, however, of the title of the court, does not affect the validity of the order, if it can be plainly understood therefrom, what court is intended.

§ 264. To constitute a grand jury, thirty-six ballots must be drawn from the grand jury box, for the court of sessions in the city of New-York, and twenty-four for the courts in every other city and county.

§ 265. The drawing must take place at the office of the county clerk, not less than fourteen, nor more than twenty days before the holding of the court.

§ 266. At least six days notice of the time and place of the drawing must be given, by publication in a newspaper of the county, or if there be none, by affixing the notice on the outer door of the court house. A copy of the notice must also be served on the sheriff of the county, and on one of the persons anthorised to act as a judge of the court, at least three days before the time appointed for the drawing.

§ 267. At the time appointed, the sheriff or under sheriff, and the judge upon whom notice has been served, as prescribed in the last section, must attend at the office of the county clerk, to superintend the draw

ing. If either of those officers do not appear, the clerk must adjourn the drawing to the next day; and must, by written notice, require the delinquent sheriff or judge, or any two justices of the peace or police justices, to attend the drawing at that time. If the officers receiving notice, then appear, but not otherwise, the clerk must proceed in their presence to draw the grand ju r.

§ 268. The drawing must be conducted, as follows: 1. The clerk must shake the box containing the ballots, so as to mingle them as much as possible:

2. He must then publicly draw out of the box, as many of the ballots as there are grand jurors required:

3. A minute of the drawing must be kept, in which the name contained on each ballot drawn must be entered, before another ballot can be drawn:

4. If, when the whole number of ballots required is drawn, it appear that a person, whose name is drawn, is dead or insane, or resides out of the county, that fact must be entered in the minute of the drawing, and the ballot containing the name, destroyed:

5. Another ballot must then be drawn in place of that destroyed, and the name contained thereon must in the same manner be entered in the minute of the drawing:

6. The same proceedings must be had, as often as necessary, until the requisite number of ballots is drawn:

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