§ 226. [am'd 1895.] Idem. 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 a justice named to hold or preside at the same.

§ 227. Order to be 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 in order. 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. Mode of selecting grand jurors. The mode of selecting graud jurors is prescribed by special statutes.

See Code Civ. Pro. §8 2293-2301, 3314, 3351.

§ 230. [am'd 1895.] 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 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 be necessary, and must specify the number required in the order.

3 R. S. 1018, § 23.

§ 231. Manner of designating the additional grand 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.

Id.

...

$232. Same. 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 sub ject to the same penalties, unless excused or discharged by the

court.

3 R. S. 1018, § 24.

§ 233. Same. 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 gection, or may be publicly designated by the court, from the bystanders or the body of the county.

§ 234. Summoning the additional grand jurors, and compelling their 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 nad 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. Grand jury, how drawn when more than a sufficient number attends. When more than twenty-three persons summoned as 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.

FORMATION OF GRAND JURY.

$237. [am'd 1892.] Who may challenge individual g juror. The district attorney in behalf of the people, and also a son held to answer a charge for crime, may challenge an indivi grand juror.

§ 238. Causes of discharge of the panel. There is no challe allowed to the panel or to the array of the grand jury, but the co may, in its discretion, at any time discharge the panel and or another to be summoned, for one or more of the following cause 1. That the requisite number of ballots was not drawn from 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 office designated by law; and,

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

§ 239. [am'd 1892.] Causes of challenge to an individual grand juror. A challenge to an individual grand juror may be interposed for one or more of the following causes and for these only:

§ 248. [am'd 1892.] Charge of the court. The grand jury being impaneled and sworn, must be charged by the court. In doing so the court must read to them the provisions of this Code from section two hundred and fifty-two to section two hundred and sixty-seven, both inclusive, or give them a copy thereof, and must give them such information as it may deem proper as to the nature of their duties.

and any charges and crimes returned to the court or likely to come before the grand jury. The court need not, however, charge them, respecting violations of a particular statute, excepting when so requested by the district attorney.

249. Retirement of the grand jury. The grand jury must then retire to a private room and inquire into the offenses cognizable by them.

$ 250. Appointment of clerk, and his duties. The grand jury must appoint one of their number as clerk, who is to preserve minutes of their proceedings (except of the votes of the individual members on a presentment or indictment), and of the evidence given before them.

3 R. S. 1019, § 30.

§ 251. Discharge of the grand jury. The grand jury, on the completion of the business before them, must be discharged by the court; but whether the business be completed or not, they are discharged by the final adjournment of the court.

§ 252. Power of grand jury to inquire into crimes, etc. The grand jury has power, and it is their duty, to inquire into all crimes committed or triable in the county, and to present them to the court.

The foreman may

253. Foreman may administer oaths. administer an oath, to any witness appearing before the grand jury. 3 R. S. 1019, § 29.

§ 254. Definition of an indictment. An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a crime.

255. Evidence receivable before the grand jury. In the investigation of a charge, for the purpose of indictment, the grand jury can receive no other evidence than :

1. Such as is given by witnesses produced and sworn before them, or furnished by legal documentary evidence; or

2. The deposition of a witness, in the cases mentioned in the third subdivision of section 8.

dence.

256. Same. The grand jury can receive none but legal evi

257. Grand jury not bound to hear evidence for the defendant, but may order explanatory evidence to be produced. The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when