Section 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.