N.Y. High. Law § 306

§ 306. Jury to determine and assess damages; fees of justice of peace\nand constable. At the time and place to which the proceeding has been\nadjourned, as provided in section three hundred and four hereof, the\ntown superintendent, and the justice of the peace so designated by him,\nshall attend, and a jury of twelve shall then be openly drawn and chosen\nby the justice of the peace, in the same manner as juries are drawn in\njustices' courts, except that each party may peremptorily challenge not\nmore than six of the persons drawn as such jurors. The parties may elect\nto try the issue by a less number than twelve jurors, at any time before\na witness is sworn. The persons so selected, as herein provided, shall\nconstitute the jury and shall be sworn by the justice of the peace well\nand truly to determine as to the necessity of the road, and to assess\nthe damages by reason of the opening thereof. The duties of the justice\nof the peace in connection with such proceeding shall end after the jury\nis sworn. The justice of the peace so designated by the town\nsuperintendent and the constable executing such venire, shall each be\nentitled to the same fees as may at any time be provided by law for the\nperformance of similar duties in justices' courts, to be paid by the\napplicant.\n