§ 304. List of jurors, and drawing jurors. At such time and place, on\ndue proof of the service of the notice, the town superintendent shall,\nin the presence of a justice of the peace of such town, to be designated\nby him and who shall be present at such time, openly draw thirty-six\nballots from a box or other receptacle containing the names of the\npersons who are returned as jurors of the town to the courts of record\nof the county, upon the last list thereof, as certified by the county\nclerk, as jurors to attend and determine upon the necessity of such road\nand to assess the damages by reason of the opening thereof, on a day to\nwhich the proceeding shall then be adjourned by him, not more than\nfourteen days from the day on which such jurors are drawn, unless the\nparties consent to a longer adjournment. The ballots shall be of the\nsame description as those prescribed to be used by justices of the\npeace, for the purpose of procuring a jury to try an action in justices'\ncourts. Such ballots may be, or may previously have been prepared by\nsuch justice of the peace. If a person whose name is thus drawn is not a\nresident freeholder of the town, the town superintendent shall set aside\nsuch juror, and he may excuse any juror who comes within the provisions\nof section five hundred and forty-four of the judiciary law, and in\neither case, draw another ballot and continue to do so until thirty-six\nare drawn.\n
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