§§ 774, 775.

Contempts.

L. 1919, ch. 184. an order should be limited to the costs and expenses of the plaintiff and an additional sum for punishment not exceeding the statutory limit provided by this section of the Judiciary Law. Where a judgment debtor disposes of his property in violation of an injunction contained in an order in supplementary proceedings, resulting in the loss of the judgment to the plaintiff, a fine in contempt proceedings of the amount of the judgment is proper. But where it is claimed that the judgment debtor withdrew money deposited in a bank, contrary to the injunction contained in the order, to sustain a fine equal to the amount of the judgment, there must be evidence that the money deposited belonged to the said debtor so that the plaintiff could satisfy the judgment therefrom and that the debtor was a party to its withdrawal. Weddle v. Grzeezezak (1919), 189 App. Div. 493, 178 N. Y. Supp. 563.

Action for damages for alleged loss or injury occasioned by payment of notes in violation of an attachment.-Houk v. Van Horn (1918), 102 Misc. 263, 168 N. Y. Supp. 701.

§ 774. Length of imprisonment.-Where the misconduct proved consists of an omission to perform an act or duty, which is yet in the power of the offender to perform, he shall be imprisoned only until he has performed it, and paid the fine imposed, but if he shall perform the act or duty required to be performed, he shall not be imprisoned for the fine imposed more than three months if the fine is less than five hundred dollars, or more than six months if the fine is five hundred dollars or more. In such case, the order, and the warrant of commitment, if one is issued, must specify the act or duty to be performed, and the sum to be paid. In every other case, where special provision is not otherwise made by law, the offender may be imprisoned for a reasonable time, not exceeding six months, and until the fine, if any, is paid; and the order, and the warrant of commitment, if any, must specify the amount of the fine, and the duration of the imprisonment. If the term of imprisonment is not specified in the order, the offender shall be imprisoned for the fine imposed three months if the fine is less than five hundred dollars, and six months if the fine imposed is five hundred dollars or more. If the offender is required to serve a specified term of imprisonment, and in addition to pay a fine, he shall not be imprisoned for the nonpayment of such fine for more than three months if such fine is less than five hundred dollars or more than six months if the fine imposed is five hundred dollars or more in addition to the specified time of imprisonment. (Amended by L. 1919, ch. 184.)

This section and section 773 provide distinct and different methods of dealing with different circumstances.-The plain implication of this section is that when imprisonment is imposed as punishment, it must be reasonable and in no case to exceed six months. Stewart v. Smith (1919), 186 App. Div. 755, 175 N. Y. Supp. 468.

Application.—Harrison v. De Hart (1918), 103 Misc. 536, 170 N. Y. Supp. 530. Section cited.-Stewart v. Smith (1919), 186 App. Div. 755, 175 N. Y. Supp. 468.

L. 1920, ch. 938.

Remission of fines and forfeitures.

§§ 798-799-a.

Section 798. 799.

ARTICLE 20-A.

(Article added by L. 1920, ch. 938, in effect Apr. 15, 1921.)

REMISSION OF FINES AND FORFEITURES.

Remitting fines and penalties and discharging recognizances.
Restrictions upon power to remit.

799-a. Notice of application for remission and discharge and costs
on remission.

§ 798. Remitting fines and penalties and discharging recognizances.— Upon the application of a person, who has been fined by a court, or of a person whose recognizance has become forfeited, or of his surety, the county court of the county in which the term of the court was held, where the fine was imposed, or the recognizance taken, may, except as otherwise prescribed in the next section, upon good cause shown, and upon such terms as it deems just, make an order, remitting the fine, wholly or partly, or the forfeiture of the recognizance, or part of the penalty thereof; or it may discharge the recognizance. If a fine so remitted has been paid, the county treasurer, or other officer, in whose hands the money remains, must pay the same, or the part remitted, according to the order. (Added by L. 1920, ch. 938, in effect Apr. 15, 1921.)

Source.-Code Civ. Pro., § 350, without change.

§ 799. Restrictions upon power to remit.-The last section does not authorize a county court to remit any part of a fine exceeding two hundred and fifty dollars imposed by the supreme court upon conviction for a criminal offense; or a fine to any amount imposed by a court upon an officer or other person, for an actual contempt of court, or for disobedience to its process, or other mandate; or to remit or discharge a recognizance taken in its county for the appearance of a person in another county. In the latter case, the power of remitting or discharging the recognizance is vested in the county court of the county, in which the person is bound to appear. (Added by L. 1920, ch. 938, in effect Apr. 15, 1921.)

Source.-Code Civ. Pro., § 351, without change.

§ 799-a. Notice of application for remission and discharge and costs on remission.—An application for an order, as prescribed in the last section but one, cannot be heard, until such notice thereof as the court deems reasonable, has been given to the district-attorney of the county, and until he has had an opportunity to examine the matter, and prepare to resist the application. And upon granting such an order, the court must always impose, as a condition thereof, the payment of the costs and expenses, if any, incurred in an action or special proceeding for the collection of the

Cross-references.

fine, or the penalty of the recognizance. (Added by L. 1920, ch. 938, in

effect Apr. 15, 1921.)

Source.-Code Civ. Pro., § 352, without change.

JUNK DEALERS.

Purchases from children under sixteen; Penal L., § 484.

L. 1920, ch. 112.

New York and Kings counties.

§§ 2, 4.

JURORS.

New York and Kings Counties.

(L. 1901, ch. 602, vol. 4, p. 4429.)

§ 2. Special jurors.-The commissioner of jurors in each county of the state having a population of one million or more, and in each county of the state having a population of four hundred thousand or more, adjoining a county having a population of one million or more inhabitants, according to the last preceding federal census shall select from the persons qualified to serve as trial jurors in such county such number of special jurors as the justices of the appellate division of the supreme court, or a majority of them, of the department in which such county is situated shall, from time to time direct. The names of the persons so selected liable to serve as special jurors shall be entered in suitable books alphabetically arranged, with their places of business and the residence of each. The commissioner of jurors may, from time to time, cancel such selection and strike the names. of such special jurors from such list and select other special jurors in their places. Persons who are selected as aforesaid by the commissioner to act as special jurors shall be exempt from all other jury duty from and after the date of their selection, and they shall remain so exempt so long as they continue to be such special jurors. (Amended by L. 1904, ch. 458 and L. 1920, ch. 112, in effect Mch. 30, 1920.)

§ 4. Examination of special jurors.-No person shall be selected as a special juror until he shall have been examined personally by the commissioner of jurors, his assistant or secretary as to his qualification and fitness to serve as a special juror. The said commissioner of jurors may issue a subpoena requiring any person within the said county to attend before him, his assistant or secretary at a time specified for the purpose of testifying concerning the qualification or fitness of himself or any other person to serve as a special juror, and the propriety of the selection of such special juror. A person so subpoenaed must attend and testify accordingly. In case of his failure to attend and testify as required by such subpoena, or a refusal to be sworn, or to answer any legal or pertinent question, he shall be punished therefor by any justice of the supreme court as a contempt of court. All of the provisions of title two of chapter nine of the code of civil procedure are made applicable to the enforcement of the provisions of this section, except that no fees are required to be paid to any person so subpoenaed. The commissioner of jurors shall, in the record made by him of the jurors selected as such special jurors, enter the age of each special juror so selected, his business or vocation, if any, the

§ 7.

Westchester county.

L. 1920, ch. 599. length of his residence in the state and county and, if naturalized, the date of his naturalization. Such record shall be a public record and shall be open to inspection. (Amended by L. 1918, ch. 587.)

In Westchester County.

(L. 1904, ch. 232, vol. 4, p. 4471.)

§ 7. Filing jury lists; person liable to jury duty.-It shall be the duty of the assessors and supervisors of the cities and town board and assessors of the several towns in such counties to meet on the first Tuesday of September in each year and to proceed to select, make and verify and file with the commissioner of jurors, the names, places of residence and occupation of all persons in such cities and towns respectively, liable to jury duty. Said names shall be made in two lists; one shall consist of a list of grand jurors as required by section twenty-six of this act and the other of the remaining qualified jurors who shall be known as the trial jurors. Such return shall each be made in writing, signed and verified by a majority of said supervisors and assessors of such cities and a majority of said town boards and assessors of such towns respectively, to the effect that they believe the perons named in said lists to be all the male citizens of the United States, residents of said cities and towns respectively, not less than twenty-one years of age, nor over the age of seventy years, assessed for personal property belonging to him in his own right to the amount of two hundred and fifty dollars, the owner of a freehold estate in real property situated in the county belonging to him in his own right to 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, in the possession of his natural faculties, not infirm or decrepit, free from all legal exceptions, of good character and approved integrity, of sound judgment and well informed, able to read and write the English language understandingly and not contained in any other list required to be filed under this act, and shall be delivered to the commissioner of jurors on or before the first Monday of October in the same year. The omission to include the names of one or more persons so liable or any error or defect in the lists does not affect the validity of any proceedings prescribed in this section. Upon the filing of the said lists with the said commissioner of jurors, the said commissioner shall proceed to revise the same and make inquiries as to the eligibility and qualification of the jurors therein named, and he shall proceed to strike therefrom the name of any juror he finds to be disqualified or exempt. He shall sit at such places in the county as may be reasonably convenient and shall give such notice of such sittings to the persons named in said lists, as he may deem to be proper. A juror shall be deemed to have waived any exemption from liability to serve he might have unless such exemption is claimed at the time of the sitting of the commissioner of jurors for which notice has been given.