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GRANBY, Town OF.
GRAND ARMY OF THE REPUBLIC.
GRAND ISLAND, Town of.
GRAND JURIES. 88 1--24. Return and Summoning of Grand Juries; their Powers and Duties.
25--69. Formation of the Grand Jury; its Powers and Duties. 70-77. Stenographers for Grand Juries.
Return and Summoning of Grand Juries; their Powers and Duties. 1 List of grand jurors. The supervisors of the several counties of this state, except the city and 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. 2 R. S. 720, § 1, as am'd L. 1896, c. 574. 3 Park. 112; 92 N. Y. 128, 136; 64 id. 485, aff'g 6 Hun, 232; 2 Barb. 427.
$2 relates to New York city. For present law as to New York see L. 1882, c. 410, 83 1539, 1638–1651; as to Kings county see L. 1858, c. 322, SS 30–35, 37, 38.
2 Who to be placed on list. In preparing such lists the said boards of supervisors shall select such persons only, whose names appear upon the last assessmentroll of the town or ward, as they know, or have good reason to believe, are possessed of the qualifications by law required of persons to serve as jurors for the trial of issues of fact, and are of approved integrity, fair character, sound judgment and well informed. Id., $ 3, as am'd L. 1890, c. 156.
3 Who to be omitted. 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. Id., § 4.
4. Contents, certification and filing of lists. The lists 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. 2 R. S. 721, § 5, as am'd L. 1896, c. 34. 64 N. Y. 485, aff'g 6 Hun, 232.
5 Placing names in box. 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 hereinbefore directed and deposit the same in the box so provided by him. Id., $ 6, as am'd L. 1880, c. 122. $ 7 relates to New York city.
6 Increasing number of jurors. If the county judges of any other county* of this state, or any three of them, shall at any time be of opinion that a greater num
* Than New York.
ber of persons than that herein required, should be returned to serve as grand jurors in their county, they may, by an order under their hands, direct such number to be increased; but such increase shall not exceed one half the number herein required to be selected for such county. 2 R. S. 721, § 8.
7 Duty of supervisors. Upon any order which is authorised by the two last sections, 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. Id., § 9.
8 Drawing grand jurors. 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, and at the time of drawing such jurors for the general session in the city of New York, 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 in and for the city of New York the names of thirty-six persons, and in every other county 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, or general sessions, as the case may be. Id., § 10, as am'd L. 1841, c. 332, § 1, and L. 1896, c. 574. 5 Park, 681; 64 N. Y. 485, aff'g 6 Hun, 232.
9 Mode of drawing; minute and list. Such drawing shall be conducted in all respects, in the manner prescribed by law for drawing petit 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. 2 R. S. 722, § 11.
7 N. Y. Supp. 72. See Jury.
10 Jurors, how summoned; sheriff's return. 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. Id., $ 12. 5 Park. 681.
11 Fines for not attending. 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. Id., § 13.
12 Discharge from attendance. The court may discharge any person from serving as a grand juror, in the same cases, in which petit jurors may by law be discharged. Id., § 14.
13 Returning ballot to box. When any person drawn as a grand juror, shall not attend the court for which he was drawn, or shall be excused for the term only, his name shall be returned into the box of undrawn ballots for that year. Id., § 15.
14 Destroying ballot, etc. When any person drawn as a grand juror, shall have attended and performed his duty as such at any court, the ballot containing
be returned jurors for anym the box or they
his name shall be destroyed, and he shall not be again required to serve as a grand juror during the year for which his name was returned. Id., § 16.
15 Same. When any person drawn as a grand juror, shall be discharged by the court, or excused from attending, on account of any disqualification, or for any other cause not being of a temporary nature, the ballot containing his name shall be destroyed. Id., § 17.
16 Same person drawn as grand and petit juror. When the same person shall be drawn as a grand juror and as a petit juror, to attend the same court, his name shall be omitted from the list of petit jurors, and another name shall be drawn from the box containing the names of persons returned to serve as petit jurors; and after the completion of the drawing of the petit jurors, the name of such person drawn for the grand jury, shall be returned into the box containing the undrawn names of petit jurors. Id., § 18.
17 Drawing from old list. If any new list of persons to serve as grand jurors, shall not be returned to the county clerk, before he shall have completed the drawing of the grand jurors for any court, he shall proceed to draw grand jurors in the manner herein provided, from the box containing the names of those already returned for that purpose, notwithstanding they may have been returned for a year then expired, or which will expire before the end of the term or sitting of the court for which they shall be drawn; and such persons shall be summoned and shall serve in the same manner, and be subject to the same penalties for neglect, as if such year had not expired. 2 R. S. 723, $ 19.
18 Judge adding names to box. When it shall appear upon the representation of a county clerk, that there are less than fifty names remaining in the box containing the names of persons returned to serve as grand jurors, any three judges* of the county courts may select from the citizens of the county qualified to serve as grand jurors, and who shall not have served during the preceding twelve months, the names of fifty persons, to serve as grand jurors. Id., § 20.
19 Depositing and drawing such names. Such names shall be certified to the county clerk, who shall file such certificate in his office, and shall cause such names to be written on distinct pieces of paper, and deposited in the box containing any undrawn names of persons returned to serve as grand jurors, or if there be none, then in a proper box; and from such box, in either case, the clerk shall draw a grand jury to serve for any court of oyer and terminer or general sessions, to be held immediately after such drawing. Id., § 21.
20 Mode of drawing and summoning. Such drawing shall be made at the time, and in the same manner, in all respects, as herein provided in respect to persons returned by the supervisors, and the persons drawn shall be summoned in like manner, and subject to the same penalties for neglect. Id., § 22.
22 Grand juror acting after challenge has been allowed. A grand juror who, with knowledge that a challenge, interposed against him by a defendant, has been allowed, is present at or takes part or attempts to take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon, is guilty of a misdemeanor. Pen. Code, § 144.
23 Disclosure of depositions returned by grand jury. A clerk of any court who willfully permits any deposition returned by a grand jury and filed with such clerk, to be inspected by any person, except the court, the deputies or assistants of such clerk, and the district attorney and his assistants, until after the arrest of the defendant, is guilty of a misdemeanor. Pen. Code, $ 146. 36 N. Y. St. R. 55; 73 N. Y. Supp. 224.
24 Disclosures by grand juror. A grand juror who except when lawfully required by a court or officer willfully discloses, either 1. Any evidence adduced before the grand jury; or,
* Now the county judge.
The court of a grand jury shallahrt in said county county is situated
2. Any thing which he himself or any other member of the grand jury said, or in what manner he or any other grand juror voted, upon any matter before them;
Is guilty of a misdemeanor. Pen. Code, § 157.
Formation of the Grand Jury; its Powers and Duties. 25 Grand jury defined. A grand jury is a body of men, 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 crimes committed or triable in the county. Code Crim. Pro., § 223. 30 Hun, 102.
26 Membership and quorum. The grand jury must consist of not less than sixteen and not more than twenty-three persons, and the presence of at least sixteen is necessary for the transaction of any business. Code Crim. Pro., § 224. 6 Abb. N. C. 33; 5 Park. 31.
27 For what courts to be drawn, etc. A grand jury must be drawn for every term of the following courts:
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. 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. Code Crim. Pro., § 225, as am'd L. 1882, c. 360; L. 1894, c. 50, and L. 1895, c. 880. 98 N. Y. 537, 545; 80 Hun, 322; 62 N. Y. St. R. 7; 3 Crim. Rep. 177; 30 N. Y. Supp. 95. 28 Same. 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.
4. For an extraordinary term of the supreme court upon the order of the justice named to hold or preside at the same. Code Crim. Pro., $ 226, as am'd L. 1882, c. 360; L. 1894, c. 83, and L. 1895, c. 880. 98 N. Y. 537, aff'g 21 W. D. 85; 3 Crim. R. 178; 80 Hun, 322; 62 N. Y. St. R. 7; 30 N. Y.
Supp. 95. 29 Order, how filled. If made by the court or a judge thereof, the order for a grand 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. Code Crim. Pro., § 227. 98 N. Y. 545, aff'g 21 W. D. 85; 3 Crim. Rep. 178.
30 Misdescription of title of court. 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. Code Crim. Pro., § 228. 96 N. Y. 158.
31 Selection of grand jurors. The mode of selecting grand jurors is prescribed by special statutes.* Code Crim. Pro., § 229. 1 Crim. Rep. 312.
* See SS 1-23, ante.
32 If sixteen jurors do not appear, etc. If at any term of the supreme court or county court, except in the counties of Genesee, Orleans and Saint Lawrence, there shall not appear at least sixteen persons, duly qualified to serve as grand jurors, who have been summoned, or if the number of grand jurors attending shall be reduced below sixteen, such court must, by order to be entered in its minutes, require the clerk of the county to draw, and the sheriff to summon, such additional number of grand jurors as shall be necessary, and must specify the number required in the order. Code Crim. Pro., $ 230, as am'd L. 1895, c. 880.
33 Drawing same; lists. The clerk of the county must forthwith bring into the court the box containing the names of the grand jurors, from which grand jurors in the county are required to be drawn; and he must, in the presence of the court, proceed publicly to draw the number of grand jurors specified in the order; and when such drawing is completed, he must make two lists of the persons so drawn, each of which must be certified by him to be a correct list of the names of the persons so drawn by him, one of which he must file in his office, and the other he must deliver to the sheriff. Code Crim. Pro., § 231.
34 Summoning and attendance. The sheriff must accordingly, in the manner required in respect to the grand jurors originally drawn, forthwith summon the persons whose names are drawn or designated in the list, provided in section 231, to appear in the court requiring their attendance at the time designated, and they must attend and serve as if they had been originally summoned as grand jurors, and subject to the same penalties, unless excused or discharged by the court. Code Crim. Pro., § 232.
35 When court may appoint additional jurors. In the counties of Genesee, Orleans, and St. Lawrence, the names of the persons required to complete the grand jury may, in the discretion of the court, be drawn as provided in the last section, or may be publicly designated by the court, from the by-standers or the body of the county. Code Crim. Pro., § 233, as am'd L. 1882, c. 360.
36 Summoning and attendance. The sheriff must accordingly, in the manner required in respect to the grand jurors originally drawn,* forthwith summon the persons whose names are drawn or designated, as provided in the last two sections, who must attend and serve as if they had been originally summoned as grand jurors, and are subject to the same penalties, unless excused or discharged by the court. Code Crim. Pro., § 234.
37 When new grand jury may be summoned for same court. If a crime be committed during the sitting of the court, after the discharge of the grand jury, the court may, in its discretion direct an order to be entered, that the sheriff summon another grand jury; and the same shall be summoned, in the manner prescribed for grand juries in general.* Code Crim. Pro., § 235.
38 When more than a sufficient number attends. When more than twentythree persons summoned as grand jurors attend for service, the clerk must prepare separate ballots containing their names, folded as nearly alike as possible, and so that the names cannot be seen, and must deposit them in a box. He must then openly draw out of the box twenty-three ballots; and the persons whose names are drawn constitute the grand jury. The names remaining in the box, as well as those drawn, must be returned to the box of drawn grand jurors. Code Crim. Pro., § 236. 5 Park. 31.
39 Who may challenge grand juror. The district attorney in behalf of the people, and also a person held to answer a charge for crime, may challenge an individual grand juror. Code Crim. Pro., $ 237, as am'd L. 1892, c. 279, $ 3. 5 Park. 31.
40 Causes of discharge of the panel. There is no challenge allowed to the panel or to the array of the grand jury, but the court may, in its discretion, at any
* See SS 1-23, ante.