IN ASSEMBLY,

January 26, 1831.

REPORT

Of the select committee, to whom was referred the bill, entitled "An act allowing daily pay to petit jurors in the city and county of New-York."

Mr. Myers, from the select committee, consisting of the members of the New-York delegation, to whom was referred the bill, entitled "An act allowing daily pay to petit jurors in the city and county of New-York," which was introduced on notice, by Mr. Myers, one of said delegation,

REPORTED

That the committee have given the subject referred to them, the consideration which its importance merits, and are of the opinion, should the same be passed into a law, it would be productive of great public good.

The trial by an enlightened, intelligent and impartial jury, is one of the dearest rights of every citizen in this free government, and its continuance one of the best safeguards to the rights of man. It is the common interest of the community to retain on the jury list, men of sound and discriminating mind, and integrity of character, whatever may be their situation in life, in a pecuniary point of view.

Under the Revised Statutes of this state, the supervisors of the several counties are authorised to allow jurors, over and above all other allowances, one dollar per day for their services, and also three cents per mile for travel fee, going to and returning from court. The allowance alluded to, is twenty-five cents for each ci[A. No. 64.]

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vil cause on which the juror serves. For some of the counties, special laws have been passed, allowing the jurors seventy-five cents per day, and the committee are informed, that in several other counties the supervisors have made the allowance, agreeably to the provisions of the Revised Statutes. While these salutary provisions have been extended to other counties, the city and county of NewYork presents a solitary exception, where the jurors are allowed by law only twelve and a half cents for each trial on which they serve; and the supervisors are restricted from allowing any further compensation to jurors, were they so inclined. And although it is provided in the 2d volume of the Revised Statutes, page 415, that, when it shall satisfactorily appear that the juror is not, at the time, the own. er of real estate in the county, in his own name, or in the right of his wife, to the amount of one hundred and fifty dollars, or of personal estate to the amount of two hundred and fifty dollars, the court shall discharge them. Yet the committee are of opinion, that few, if any, of those who have seen better days, or have been in more affluent circumstances, will be willing to avail themselves of that benevolent provision; but from high mindedness, or pride, will be induced to serve, although they leave a suffering family at home. Others who have less pride, or more firmness to bear up against reverses of fortune, may avail themselves of this exemption; and as wisdom and integrity are not confined to any situation in life, the public are deprived of the benefit of the experience, wisdom and integrity of the jurors so discharged.

The committee would further remark, that jury duty is extremely burthensome in the city and county of New-York, which they have the honor to represent. New-York being the great emporium of the state, and "the queen of American cities," as very happily remarked by an honorable member of this house, furnishes almost constant business for the various civil and criminal courts in the city. The duty of those who are competent to serve as jurors is very arduous, and it is not uncommon for jurors to serve from four to twelve weeks in a year.

The bill before the committee, proposes to allow jurors seventyfive cents per day for their services, a sum barely sufficient to prevent their families from actual suffering, while they are so engaged on public duty, but not sufficient to induce improper persons to seck for the privilege of serving. Besides, the assessors who make up the list of jurors, will guard against the introduction of such persons.

Provision is made in the bill for paying the jurors, without a tax on the people, as it contains a tariff of trial fees, which it is presumed will raise a large proportion, if not all, the amount necessary to pay the jurors.

But if the whole amount were raised by taxation, on the real and personal property of the city, the amount would be but small; and it would surely be more equitable and proper, that the burthen should fall upon the parties litigant, or on the public at large, than upon those who are compelled to serve as jurors.

The committee, upon the view of the whole subject, have instructed their chairman to present, for the consideration of the house, the bill to them referred, as amended.