§ 223. 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.

§ 224. Id. 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.

Peo. v. King, 2 Cai., 98.

§225. For what courts to be drawn.-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, and the county of Kings, and except for extraordinary or adjourned terms.

2. The court of general sessions of the city and county of New York and the court of sessions of the county of Kings; and

3. The city courts whenever an indictment can be there found.

§ 226. Id. 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.

3. For the court of oyer and terminer, of the county of Kings, upon the order of a judge of the supreme court elected in the second judicial district.

§ 227. Order how filed.-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.

228. Misdescription.—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. Selection of grand jurors.-The mode of se lecting grand jurors is prescribed by special statutes. See Code Civ. Proc., §§ 2293–2301, 3314, 3351; 3 Rev. St. (6th ed.), pp. 1015-1019.

§ 230. If sixteen jurors do not appear, others to be ordered. If at any court of oyer and terminer or court of sessions, except in the counties of Genesee, Orleans, and St. 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 bə necessary, and must specify the number required in the order.

§ 231. Designation of additional jurors. 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.

(232. Summoning jurors. 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.

§ 233. Court may order drawn or appoint.-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.

§ 234. Summoning the additional grand jurors.— 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.

235. When new grand jury may be summoned for the 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.

$236. When more than a sufficient number attends. -When more than twenty-three 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.

Error to swear twenty-four grand jurors. Peo. v. King, 2 Cai., 98. When objection to be taken. Conkey v. Peo., 1 Abb. Dec., 418.

§237. Who may challenge grand juror.- A person held to answer a charge for a crime may challenge an individual grand juror.

§ 238. 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 time discharge the panel and order another to be summoned, for one or more of the following causes:

1. That the requisite number of ballots was not drawn from the grand jury box of the county;

2. That notice of the drawing of the grand jury was not given;

3. That the drawing was not had, in the presence of the officers designated by law; and

4. That the drawing was not had, at least fourteen days before the court.

Peo. v. Hooghkerk, 2 N. Y. Cr., 204.

§ 239. Causes of challenge to a grand juror. — A challenge to an individual grand juror may be interposed, for one or more of the following causes, and for these only:

1. That he is a minor;

2. That he is an alien;

3. That he is insane;

4. That he is the prosecutor upon a charge against the defendant;

5. That he is a witness on the part of the prosecution, and has been served with process or bound by an undertaking, as such;

6. That a state of mind exists on his part, in reference to the case or to either party, which satisfies the court, in the exercise of a sound discretion, that he cannot act impartially and without prejudice to the substantial rights of the party challenging.

Dawson v. Peo., 25 N. Y., 405; Peo. v. Jewett, 3 Wend., 314; 6 id., 386; Peo. v. Hooghkerk, supra.

§ 240. Taking and trying challenges.-Challenges, to individual grand jurors, may be oral, and must be entered upon the minutes, and tried by the court, in the same manner as challenges, in the case of a trial jury.

§ 241. Decision of challenge.-The court must allow or disallow the challenge, and the clerk must enter its decision upon the minutes.

242. Effect of allowing challenge to a grand juror.— If a challenge to an individual grand juror be allowed

for any of the causes mentioned in subdivisions one, twc or three of section 239, he must be forthwith discharged from the grand jury. If such challenge be allowed for any of the causes mentioned in subdivisions four, five or six of section 239, the juror challenged cannot be present at or take part in the consideration of the charge against the defendant who interposed the challenge, or in the deliberations of the grand jury thereon.

§ 243. Violation of last section. -The grand jury must inform the court of a violation of the last section, and the same is punishable by the court as a contempt.

§ 244. Appointment of foreman. - From the persons summoned to serve as grand jurors, and appearing, the court must appoint a foreman. The court must also appoint a foreman, when a person already appointed is discharged or excused, before the grand jury are dismissed.

§ 245. Oath of the foreman.-The following oath must be administered to the foreman of the grand jury: "You, as foreman of this grand jury, shall diligently inquire and true presentment make, of all such matters and things as shall be given you in charge; the counsel of the people of this state, your fellows' and your own you shall keep secret; you shall present no person from envy, hatred or malice; nor shall you leave any one unpre sented through fear, favor, affection or reward, or hope thereof; but you shall present all things truly as they come to your knowledge, according to the best of your understanding. So help you God!”

(246. Id.; to jurors. — The following oath must be immediately thereupon administered to the other grand jurors present: "The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part. So help you God!"

§ 247. Id. - If, after the foreman and the grand jurors then present are sworn, any other grand juror appear,