JOHN WALTER SMITH, ESQ., GOVERNOR.

one of his deputies, whom the said judge or judges shall
designate, and who shall not have been present at the writ-
ing, folding and depositing of said ballots into the box, as
herein directed, to appear before him or them, and then and
there, in the presence of said judge or judges and such other
persons as may choose to be present, to draw, without look-
ing into the same, from said box forty-eight names, as foHows:
Eight names from compartment number one, six from num-
ber two, nine from number three, five from number four, nine
from number five, five from number six, and six from number
seven; and the names appearing on said ballots so drawn shall
be recorded by the clerk of the said Circuit Court, in the
presence of the said judge or judges, in the order drawn,
and immediately thereupon said judge or judges shall
order a venire facias, directed to the sheriff of said

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county, commanding him to summon as jurors, to attend
at the first day of the next ensuing term of court, the forty-
eight persons whose names shall be drawn as aforesaid; and
if any of the persons so drawn are dead, sick'or returned non
est by the sheriff it shall be the duty of the sheriff to return the
fact to the judge or judges, who shall thereupon cause to be
drawn from the compartment or drawer from which the name
of the person so dead , sick or returned non est, or excused by the
judge or judges, was drawn another name or names to take
the place of such person so dead, sick or returned non est, or
excused, and shall cause the name or names last as aforesaid
drawn to be inserted in said venire facias to be summoned as
aforesaid, and it shall be the duty of the sheriff to summon
the persons so last drawn as aforesaid, and to make returns
thereof to the court at the opening of its session; provided,
however, that no person shall be drawn and summoned to
two successive terms of court.

Sheriff shall
summon
jurors drawn,
etc.

SEC. 4. And be it enacted, That on the first day of the
term the judge or judges present shall designate one person
from the forty-eight names so, as aforesaid, drawn to be fore-
man of the grand jury, and after selecting the said foreman
and causing the said drawers or compartments to be emptied,
the remaining forty -seven names, apportioned as near as may
be to the several election districts, shall be deposited in the
said drawers or compartments from which they were respec-
tively drawn, and the clerk shall in the presence of the court
draw therefrom from the several districts, beginning with the
first district and so on successively; the remaining forty-
seven names and the first twenty-two names drawn together
with the foreman previously appointed shall constitute the

Judges shall
designate
foreman of
grand jury-