§ 304. List of jurors, and drawing jurors. At such time and place, on
due proof of the service of the notice, the town superintendent shall,
in the presence of a justice of the peace of such town, to be designated
by him and who shall be present at such time, openly draw thirty-six
ballots from a box or other receptacle containing the names of the
persons who are returned as jurors of the town to the courts of record
of the county, upon the last list thereof, as certified by the county
clerk, as jurors to attend and determine upon the necessity of such road
and to assess the damages by reason of the opening thereof, on a day to
which the proceeding shall then be adjourned by him, not more than
fourteen days from the day on which such jurors are drawn, unless the
parties consent to a longer adjournment. The ballots shall be of the
same description as those prescribed to be used by justices of the
peace, for the purpose of procuring a jury to try an action in justices'
courts. Such ballots may be, or may previously have been prepared by
such justice of the peace. If a person whose name is thus drawn is not a
resident freeholder of the town, the town superintendent shall set aside
such juror, and he may excuse any juror who comes within the provisions
of section five hundred and forty-four of the judiciary law, and in
either case, draw another ballot and continue to do so until thirty-six
are drawn.