New York Consolidated Laws, Highway Law - HAY § 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.