N.Y. Highway Law § 306: Jury to determine and assess damages; fees of justice of peace and constable

§ 306. Jury to determine and assess damages; fees of justice of peace

and constable. At the time and place to which the proceeding has been

adjourned, as provided in section three hundred and four hereof, the

town superintendent, and the justice of the peace so designated by him,

shall attend, and a jury of twelve shall then be openly drawn and chosen

by the justice of the peace, in the same manner as juries are drawn in

justices' courts, except that each party may peremptorily challenge not

more than six of the persons drawn as such jurors. The parties may elect

to try the issue by a less number than twelve jurors, at any time before

a witness is sworn. The persons so selected, as herein provided, shall

constitute the jury and shall be sworn by the justice of the peace well

and truly to determine as to the necessity of the road, and to assess

the damages by reason of the opening thereof. The duties of the justice

of the peace in connection with such proceeding shall end after the jury

is sworn. The justice of the peace so designated by the town

superintendent and the constable executing such venire, shall each be

entitled to the same fees as may at any time be provided by law for the

performance of similar duties in justices' courts, to be paid by the

applicant.