Subpœnas. Fines penalties, sued for. or that the party upon whom the notice was served, and a fine or penalty thereupon imposed, is liable to pay such fine or penalty. SEC. 26. The secretary, under the supervision of the commissioners, shall, at the instance either of the complaining or defending party, issue subpoenas for compelling the attendance of witnesses to testify before the commissioners, in all cases in which the power to hear and examine is conferred by this act; and it shall be the duty of the commissioners to examine all such witnesses on oath, to be administered by them, as shall appear to them to give material testimony; and each person subpoenaed as a witness shall be entitled to the like compensation from the party requiring his attendance, and be subject to the like penalties and punishments for disobedience, or for false swearing, as in civil suit at law in a court of record. SEC. 27. All pecuniary fines or penalties, imposed by the said how to be commissioners by virtue of this act, may be sued for in the name of the "Board of Commissioners of Pilots," and the notice and certificate, given as aforesaid, may be set forth in pleading, without setting forth other facts or circumstances. The decision of a majority of the commissioners shall be conclusive upon all questions arising under this act, except as herein before provided. In case of an omission to fill any vacancy in the board of commissioners for one month, the remaining two or three commissioners (as the case may be) shall have authority to perform all the duties of the commissioners for the time being. Secretary and clerks. Forfeit for acting with SEC. 28. It shall be the duty of the secretary, and his clerks if any, when not employed under the foregoing provisions of this act, to aid the licensed pilots in keeping their accounts of pilotage, and in collecting the same, if desired, and in keeping a register of calls for pilots. SEC. 29. [Amended by sec. 5, chap. 196, Laws of 1854, to read out license. as follows:] Any person not holding a license as pilot under this act or under the laws of the state of New Jersey, who shall pilot or offer to pilot any ship or vessel to or from the port of New York, by the way of Sandy Hook, shall be deemed guilty of misdemeanor, and on conviction, shall be punished by a fine not exceeding one hundred dollars, or imprisonment not exceeding sixty days. And all persons employing a person to act as pilot not holding a license under this act, or under the laws of the state of New Jersey, shall forfeit and pay to the board of commissioners of pilots the sum of one hundred dollars. ing Hell SEC. 30. This act shall not repeal or in any way affect the pro- Act concernvisions of the act entitled "An act concerning the pilots of the Gate pilots channel of the East river, commonly called Hell Gate," passed fected April 15, 1847. not to be afby act. SEC. 31. All laws now in force, and which are inconsistent with Repeal. the provisions of this act, are hereby repealed. 1853. CHAPTER CCCCXCVIII. AN ACT in relation to Jurors in the City of New York.-Passed The People of the State of New York, represented in Senate and Assembly, do enact as follows: e select Grand jurors board pose. SEC. 1. The persons to serve as grand jurors at courts of oyer and terminer, and general sessions, to be held in the city of New ed York, shall be selected from the persons whose names are contained that in the lists of petit jurors for the time being for said city, by a board to consist of the mayor of such city, the presiding judge of the Supreme Court in the first judicial district, the chief justice of the Superior Court of the city of New York, the first judge of the Court of Common Pleas, the recorder, and the city judge of said city and county. board. by SEC. 2. The said board shall meet at the office of the commis- Meeting sioner of jurors in the city hall of the city of New York, as soon as may be, after the passage of this act, and afterwards, on the first Monday in September in every year, and organize, by the election of one of their number as chairman. Four members shall constitute a quorum for the transaction of business, and if a quorum be not present, the board shall adjourn from day to day, until a quorum is obtained. a for pur er of jurors of meetings of SEC. 3. The commissioner of jurors shall attend the meetings of Commissionthe said board, and act as clerk thereof. He shall produce, at the to attend meetings of the said board, all the lists of jurors in his possession, board. If the commissioner of jurors shall be unable to attend, another clerk may be appointed by the board. persons to rors and list SEC. 4. The said board shall, within fifteen days after the first Selection of meeting, select from the lists produced by the commissioner of ju- serve as jurors of persons qualified to serve as jurors in said city, a list of the to be made. names of not less than six hundred, nor more than one thousand Lists, what to contain. persons to serve as grand jurors of the different courts of oyer and terminer, and general sessions, to be held in said city, until the next list shall be prepared, and the names thereon deposited as hereinafter mentioned. The persons so selected, shall be intelligent citizens, of good character, and shall be, so far as the said board may be informed, possessed of the qualifications by law required of persons to serve as jurors for the trial of issues of fact, and not exempted from serving as such jurors. SEC. 5. The lists made out in pursuance of the third section of this act, shall contain the Christian and surnames, at length, of the persons named therein, their respective places of residence, and Lists to be their several occupations. It shall be signed by the officers com filed. Names to be placed in a box. Drawing. Persons gible rors. eli to posing the board, and certified by the clerk of the board, and shall be filed in the office of the county clerk within fifteen days, fixed by the fourth section of this act. SEC. 6. The lists so filed shall be prepared, and the names thereon deposited in a box, and the names of the persons to serve as grand jurors drawn therefrom in the manner now provided by law, except that one or more judges of a court of record shall be present at the drawing, and certify to the same. SEC. 7. The names of persons drawn as grand jurors shall, in certain cases, be returned into the box of undrawn ballots, as now provided by law, and whenever the Court of Oyer and Terminer or Court of General Sessions, shall order the sheriff to summon additional persons to complete the grand jury for such court, the persons who shall be summoned by him shall be first drawn from the box containing the undrawn names of grand jurors, in the manner provided for the drawing of an original panel. SEC. 8. From and after the day on which the first list of grand serve as ju- jurors, under the provisions of this act, shall be filed in the office of the county clerk, the persons whose names shall be contained in such list shall be eligible to serve as grand jurors, and no person shall, on or after that day, be summoned to serve as a grand juror at any court of oyer and terminer, or general sessions held in the city of New York, except his name shall be included in the list of grand jurors, for the time being, selected pursuant to this act. Duty clerk in no <pervisors in of SEC. 9. It shall be the duty of the clerk of every court for which tifying su- a panel of grand or petit jurors, shall be summoned by the sheriff of the city and county of New York, to notify the supervisors of every case in which less than a majority of the persons named in the panel shall be returned as personally served, and the supervi Penalty for sors are hereby prohibited from allowing or paying any fees or charges to the sheriff for serving any of the persons named in a panel, in relation to which they shall be so notified, or for making any return thereto. Any clerk omitting to notify the supervisors omitting to as required by this section, shall be liable to a penalty of one hun-voofy superdred dollars for every such omission, to be recovered by any person suing therefor. SEC. 10. All acts and parts of acts, so far as they are inconsist ent with this act, are hereby repealed. SEC. 11. This act shall take effect immediately. visors. 1853. CHAPTER DI. AN ACT to facilitate the Acquisition of Lands for a New Reservoir in the City of New York.-Passed June 30, 1853, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: acquired. SEC. 1. The Croton aqueduct board, in the city of New York, Tille to be for and in behalf, and in the name of the mayor, aldermen and commonalty of the city of New York, are authorized to acquire title to all such lands, tenements, hereditaments and premises lying between Eighty-sixth and Ninety-sixth street, and Fifth and Seventh avenues, or as much thereof as they may deem advisable, for the purpose of constructing a new reservoir (in the city of New York) under the authority of the common council. appoint ment of commissioners. SEC. 2. The said board, in the name of the mayor, aldermen and Petition for commonalty of the city of New York, may present a petition to the Supreme Court, at any general term thereof, held in the first judicial district, praying for the appointment of commissioners of appraisal. Such petition shall be signed and verified by the officers of said board, or any one of them; shall contain a description of the lands or real estate required for said purpose, and shall set forth that the same are required for the purposes of said reservoir. presenta tion. of SEC. 3. A notice of the presentation of such petition to the Notice owners, lessees, partics and persons respectively entitled unto, or tion of petiinterested in the lands, tenements, hereditaments and premises so required, shall be given by advertisement in four of the public newspapers having a large daily circulation in the city of New York, and shall be published daily, not less than thirty days. Appoint. ment of com Such notice shall specify the time and place, where and when an application will be made for appointment of commissioners of appraisal, in pursuance of such petition, and the extent of the land required to be taken. SEC. 4. At the time and place mentioned in said notice, unless missioners. the said court shall adjourn said application to a subsequent day, and in that event, at the time to which the same may be adjourned, upon due proof to the satisfaction of the said court, of the publication aforesaid, shall appoint three competent and disinterested persons, residents of the city and county of New York, commissioners to ascertain and appraise the compensation to be made to the respective owners, lessees, parties and persons respectively, entitled to or interested in the said respective lands, tenements, hereditaments and premises required for the reservoir aforesaid, and shall fix the time and place of the first meeting of such commissioners. Board may propose names commission ers. Oath powers the SEC. 5. The said board may, at the time and place of moving for for such appointment, propose to the court the names of three suitable persons and the owners, lessees, parties and persons respectively entitled unto or interested in said premises, may likewise propose the names of three suitable persons as commissioners of appraisal. and of com missioners. Estimate and report by commis SEC. 6. The said commissioners, before they enter upon the performance of the duties of their appraisement, shall severally take and subscribe an oath or affirmation, before some person authorized by law to administer oaths, faithfully to perform the trust and du ties required of them by this act, which oath or affirmation shall be filed in the office of the clerk of the city and county of New York, and any one of them may summon witnesses before them in the manner hereinafter provided; may administer oaths to witnesses, and they, or any one of them, in the absence of the others, may adjourn the proceedings from time to time, in their discretion. It shall be their duty to view the premises affected by such proceedings, if they shall deem such view necessary; and they shall hear the proofs and allegations of any owner, lessee, party or person entitled to or interested in the said lands, tenements, hereditaments and premises, as to the extent of such interest. SEC. 7. It shall be the duty of the said commissioners to proceed, to be made with all reasonable diligence, to estimate in favor of the several sioners. owners, lessees, parties or persons interested in the lands to be taken, a just and equitable compensation for his, her or their land comprised therein, and to report to the said court, without unnecessary delay, at a general term thereof, the amount of such compensation |