Civil Government for Common Schools | Page 8

it is
given.
Q. Who can be present with this jury? A. Only the witness who is being
examined, and the district attorney, if desired by the jury; but none
except jurors can be present when they ballot in regard to a bill.
Q. What is done with a bill of indictment when found?
A. It is handed over to the court, and the sheriff will cause the arrest of
the person unless he be already in custody.
STRUCK JURY.
Q. What courts may order a struck jury?
A. The Supreme Court and superior city courts.
Q. When may the above-named courts order a struck jury?
A. When it shall appear that an impartial trial cannot be had, or that the
intricacy of the case requires such a jury.
Q. What time is required in the notice for striking a jury?
A. The party obtaining the order shall give notice eight days before the
time for striking, that he will attend before the clerk of the county in
which the venue is laid, for the purpose of having such jury struck.
I. The clerk shall select from the jury lists of the several towns the
names of forty-eight persons, whom he shall deem most indifferent
between the parties, and best qualified to try the cause.

II. The party or his attorney, on whose application the order was
granted, shall first strike one from the list, and then the opposing party
or agent, alternating until twelve shall have been stricken from the list
by each party.
III. The clerk shall certify the names of the twenty-four persons whose
names have not been stricken off, who shall be summoned, and from
which number a jury shall be impaneled as in other juries.

VII.--STATE.
Q. Upon what is the state government based?
A. Upon a constitution adopted by the people.
Q. How many departments are provided for by the constitution?
A, Three; the Legislative, Executive, and Judicial.
Q. What are the divisions of the Legislative department?
A. The Assembly and the Senate.
Q. What is the number of members in each body, and their term of
office?
A. One hundred and twenty-eight members of the Assembly, elected
for one year. Thirty-two senators elected for two years. Art. Ill., Const.
Q When, and how is the number of members of the Assembly
apportioned among the several counties?
A. Once in ten years by the Legislature immediately after taking the
state census, and as nearly as can be, according to population,
excluding aliens, but giving to every county except Hamilton at least
one member.
Q. When and how is the number of members of the Senate apportioned
in the State?
A. At the same time, by the Legislature; and as nearly as possible
according to population. A Senatorial district sometimes embraces a
portion of a county, sometimes a whole county; at other times two or
more counties; but no county can be divided, unless it can be equitably
entitled to two or more members.
The following apportionment was made in 1879:
SENATE DISTRICTS.
I. Queens and Suffolk.
II. The First, Second, Fifth, Sixth, Eighth, Ninth, Tenth, Twelfth, and
Twenty-second wards of Brooklyn, and the towns of Flatbush,

Gravesend, and New Utrecht.
III. The Third, Fourth, Seventh, Eleventh, Thirteenth, Nineteenth,
Twentieth, Twenty-first, and Twenty-third wards of Brooklyn.
IV. The Fourteenth, Fifteenth, Sixteenth, Seventeenth, Twenty- fourth,
and Twenty-fifth wards of Brooklyn, and New Lots and Flatlands.
V. Richmond, First, Second, Third, Fifth, Sixth, Eighth, Fourteenth,
and parts of the Fourth and Ninth wards of New York, and Governor's,
Bedloes, and Ellis Islands.
VI. The Seventh, Eleventh, Thirteenth, and a part of the Fourth wards
of New York.
VII. The Tenth, Seventeenth, and portions of the Fifteenth, Eighteenth,
and Twenty-first wards of New York.
VIII. The Sixteenth, and parts of the Ninth, Fifteenth, Eighteenth, and
Twentieth wards of New York.
IX. The Eighteenth, Nineteenth, and Twenty-first wards, lying east of
Third Avenue, New York, and Blackwell's Island.
X. Portions of Twentieth, Twenty-first, Nineteenth, Twelfth, and
Twenty-second wards, New York, and Ward's and Randall's Islands.
XI. The Twenty-third, Twenty-fourth, and portions of the Twelfth,
Twentieth, and Twenty-second wards of New York.
XII. Westchester and Rockland.
XIII. Orange and Sullivan.
XIV. Ulster, Schoharie, and Greene.
XV. Dutchess, Columbia, and Putnam.
XVI. Rensselaer and Washington.
XVII. Albany.
XVIII. Saratoga, Fulton, Hamilton, Montgomery, and Schenectady.
XIX. Clinton, Essex, and Warren.
XX. St. Lawrence, Franklin, and Lewis.
XXI. Oswego and Jefferson.
XXII. Oneida.
XXIII. Madison, Otsego, and Herkimer.
XXIV. Delaware, Chenango, and Broome.
XXV. Onondaga and Cortland.
XXVI. Cayuga, Tompkins, Seneca, and Tioga.
XXVII. Chemung, Steuben, Allegany.
XXVIII. Wayne, Ontario, Schuyler, and Yates.

XXIX. Monroe and Orleans.
XXX. Wyoming, Genesee, Livingston, and Niagara.
XXXI. Erie.
XXXII. Cattaraugus and Chautauqua.
THE ASSEMBLY.
Allegany, Broome, Chemung, Chenango, Clinton, Columbia, Cortland,
Delaware, Essex, Franklin, Fulton and Hamilton, Genesee,