Sec. 3. And be it further enacted, by the authority
aforesaid, That when said lists of names, selected
as directed in the proceeding Section, is made and
certified, as therein provided for, immediately there-
upon the said Judges of the said respective courts,
in the presence of the members of the Bar as afore-
said, and such. other persons as may think proper
to be present, shall cause all the names selected
and placed on the list as aforesaid, to be legibly
written upon ballots, which shall be of equal size,
and of the same color and appearance, and shall be
closely rolled or folded, and placed by the Judge
himself with his own hands, immediately before
the drawing herein provided for, into. a cubiform
box with sliding top, of the square of eight inches,
to be procured for that purpose by the Clerk of said
Court, under the direction of the said Judge; and
after so depositing said ballots, the said box shall
be closed, and the said Judge shall then cause the
Clerk or one of his deputies whom the said Judge
shall designate, neither the one nor the other who
may be so required to act, to be present at the
writing, rolling or folding; and depositing said bal-
lots into the box, as herein directed, to appear be-
fore him, and then and there in the presence of the
said Judge, and such other persons as may chose
to be present, after well and thoroughly shaking
said box, so that the ballotts be well mixed, to
draw from said box through such an opening or
aperture made by moving the sliding top thereof,
as will only conveniently admit the hand, and
without in any manner looking into said box, one
by one, forty-eight of said ballots; and the names
appearing on said ballots as drawn, shall be duly
recorded by the said Judge, or by the Clerk in his
presence, and under his direction in the order in |
Duty of the
Judges, in se-
lecting Jurors. |
which they shall be drawn, as aforesaid, and there-
upon forthwith the said Judge shall order a venire
facias to issue, directed to the Sheriff of said County,
commanding him to summon as Jurors to attend
at the next ensuing term of said Court, the several
persons whose names may be drawn as aforesaid;
and if any such persons whose names are so drawn
and embraced in said venire facias should be dead, |
Venire facias
to be issued. |