
    Cortelyou against Vanbrundt.
    Such of the inhabitants of the 0f New-as are not members of the corporation, or the city1 in the manner prescribedbythechavter, are not ex-emPh'd fr°m serving on juvies out of the exemptfoifextends only to the Mayor, AIdermen and & persons made free of the city.
    
    Baldwin, in behalf of the defendant, moved to vacate , . , ,, , . . r t . , r th»? rule entered ior the trial or this cause by a joreign rim, from the city and county oí New-Tork. He read . . ' . an nffi lavit, stating that the parties had been prepared for trial at two circuit courts held in King's county, and a sufficient number of jurors did not attend, though they had - , , , . . , , , be m regularly summoned, and particularly requested to attend. He observed, that by the Charter of the' city of 1 J J J N'Tv-York, none of the members of the corporation, or any of the free citizens of the city, could be compelled to serve as furors, out of the city : and as the judge at the circuit _ , ' . , , . had no power to fine the jurors, or to compel their attendanee in any way, there was no probability that a sufficient jury could ever be obtained. The present rule ought, there- - . , fore, to be vacated.
    
      Harison & Hoffman, contra.
    The term,free citizens of the city, means persons free of the city, and not every inhabitant. Free citizens are such as are made free of the city, under the common seal, in the manner prescribed by the charter. Not one person in a hundred has sued out that privilege ; for since the revolution it is of little value, as new qualifications for electors have been created. There were, therefore, a sufficient number of persons in the city of Nezu-York, who cannot claim the privilege of exemption, contained in the charter, and there will be no difficult 
      ty jn finding means to compel their attendance at the next J b r court.
    
      Riggs, in reply.
    The exception extends to every corporator, or inhabitant of the city: all are comprised under the terms, Mayor, Aldermen, Commonalty and free citizens. The act of the legislature, by which the privilege of electing charter-offcers has been extended to all persons of full age, renting a tenement of the yearly value of 25 dollars, &c. has, in fact, made such electors corporators, by declaring them to be “ entitled to all the rights and privileges of freemen of the city.”
    
      
       Laws of N. Y. vol 3, page 427.
    
   Per curiam.

The exemption from serving on foreign juries, contained in the charter, is confined to the Mayor, Alderman, Commonalty, and free citizens, that is, such persons as are made free of the city, according to the charter. The privilege does not extend to the inhabitants, or free-' holders generally,

Rule refuséd.  