At any time when an issue of fact is joined, either party may demand a trial by jury, and unless so demanded at the joining of issue, a jury trial is waived. The party demanding a trial by jury shall forthwith pay to the Clerk the sum of five dollars ($5.). In default of such payment the Court shall proceed as if no demand for trial by jury has been made. The moneys so received shall be paid to the Marshal or other deputed person for summoning such jury. When a jury trial is demanded, the trial of the case may be adjourned until the time fixed by the Court for the attendance of a jury. In each special proceeding and action in which a jury trial is to be had, the Court must, except as otherwise provided in §
30-199 of this article, openly withdraw eighteen (18) names from the undrawn jury box, and deliver the list thereof to a Marshal, or to a person deputed by the Court for that purpose, with a written or printed notice, directed to each person named in the list, requiring him to attend as a juror, at a time specified therein, out of which number six (6) of the persons attending shall be selected to try the cause. The Court may, in its discretion, at any time before or during the trial, direct that a trial be had by jury, even though none had been demanded, and thereupon, a trial by jury shall be had in the same manner as if either party had demanded it, and the jury fee shall be paid by the plaintiff.
No adjournments can be granted after the return
of the jury unless the party requiring the same, in addition to the
other conditions imposed upon him, shall, if such adjournment renders
necessary the issuance of another venire, deposit with the Clerk the
sum of five dollars ($5.); but no jury fee or sum for summoning of
jurors may be included as part of the costs in the judgment, other
than the sum originally paid.
Each person summoned as a juror shall be paid
the sum of two dollars ($2.) for each day's attendance as such, unless
excused at his own request, and where he actually serves upon the
trial in an action or proceeding, he shall receive the additional
sum of two dollars ($2.) for each day's service. The amount so paid
must be raised in the same manner as other City charges are raised.
Whenever a list made by the proper officer or
officers of the persons residing in the City of Albany who are required
to serve as trial jurors of a court of record in the County of Albany
shall be filed by such officer or officers with the City Clerk of
the City of Albany, as required by law, such Clerk shall immediately
make and file one (1) of the copies of such list with the Clerk of
the City Court of Albany, and all jurors in said Court shall be drawn
from the names contained in such copy of said list last filed with
the Clerk of the City Court.
The officer or the person deputed as provided in §
30-199 of this article, upon receipt of such a notice as is mentioned in said section, must thereupon immediately summon the person named therein by giving the same to him personally, or by leaving it at his place of residence or business with some person of suitable age and discretion. The person serving such notice must make a return as to the manner in which such service was made by him and also return the list. All such returns must be made to the Court, at its opening, on the day for which the jury is drawn.
If a sufficient number of competent and indifferent
jurors do not attend, the Court must direct a sufficient number to
complete the jury to be summoned from the vicinity, by a Marshal or
a person deputed for that purpose.
Jurors in attendance may be designated by the
Court to serve in any other action or proceeding than that for which
they have been specifically summoned, and such designation shall have
the same force and effect as if such juror had been originally drawn
to serve in such other action or proceeding.
The Court may in its discretion by rule or order
direct that a jury panel of twenty-four (24) jurors be drawn to try
jury cases generally for such period as may be specified in such rule
or order, and in such event the jurors so drawn shall attend the Court
daily until discharged by the Court. Jurors shall in such case be
allowed a sum not to exceed four dollars ($4.) for each day's attendance.
The Court may in its discretion, when a rule or order has been made
fixing a time during which such panel shall be called, adjourn any
cause in which a jury trial has been demanded to such period, and
may further regulate the order of the jury calendar during such period.
When such a panel has been ordered as provided in the preceding section, a jury fee of five dollars ($5.) shall be paid by the party demanding a jury trial at the time issue is joined, as provided by §
30-199 of this article, and from such fees the Clerk of the Court shall pay the person summoning said jury panel the sum of five dollars ($5.), and the balance of the fees shall be paid to the Treasurer of the City of Albany.
The ballots containing the names of the jurors
summoned and not drawn must be returned by the Clerk to the undrawn
jury box, to be drawn as in the first instance. The ballots containing
the names of jurors who served must be placed in a box to be called
the drawn jury box, until all the other names have been drawn from
the undrawn jury box, and, as often as that happens, the whole number
must be returned to the undrawn jury box, as in the first instance.
Except as otherwise provided in this Part
2, the verdict of the jury must be general for the plaintiff for a specific sum, or for the defendant, or where there is a counterclaim or setoff proved for the defendant in a specified sum, but where there are several plaintiffs or defendants, the verdict may be for or against one (1) or more of them, within the limitations and provisions of this Part
2, and the judgment must be entered thereon immediately after the rendering of the verdict.
On the trial of all causes in the City Court,
the mode of conducting the trial, the rules of evidence, the examination
and the swearing of the jury shall be the same as prevail in courts
of record except that each party may peremptorily challenge not more
than three (3) persons drawn as jurors for a trial.
When an action or summary proceeding has been commenced according to the provisions of this Part
2, upon its being reached for trial, the parties, being of full age, may agree upon a statement of the facts upon which the controversy depends and may present a written submission thereof to the Court. Such statement must be accompanied with the affidavit of one (1) or more of the parties to the effect that the controversy is real and that the submission is made in good faith, for the purpose of determining the rights of the parties.
Such statement, submission and affidavit must be filed in the office of the Clerk of the Court. The filing is a presentation of the submission, and each provision of this Part
2, relating to an action or summary proceeding, or the costs therein, applies to the subsequent proceedings except as otherwise prescribed in the next section.
An order of arrest, warrant of attachment, writ
of replevin or execution against the person cannot be granted in such
an action. The action must be tried by the Court upon the statement
alone and the statement submission, affidavit and the judgment rendered,
and any order or papers necessarily affecting the judgment constitute
the judgment record. If the statement of facts is not sufficient to
enable the Court to render judgment, an order must be made dismissing
the submission without costs to either party, unless the Court permit
the parties, or, in a proper case, their representative to file an
additional statement, which it may do in its discretion, without prejudice
to the original statement.