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the said box shall he 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 bepresent at the writing, rolling or folding and
depositing said ballots into the box, as herein di-
rected, to appear before him, and then and there in
the presence of the said Judge, and such other per-
sons as may choose to be present, after well and
thoroughly shaking said box so that the ballots be
well mixed to draw from said box, through such
an opening or apperture 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 which they shall be drawn, and there-
upon forthwith the said Judge order a venire
facias, directed to the Sheriff of the 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,
sick or otherwise unable to attend, or should be
absent and therefore not to be found, it shall be
the duty of the Sheriff forthwith to return the fact
of such death, disability or absence, and the said
Judge shall thereupon cause to be drawn from said
box in the manner hereinbefore directed, other
names in the place and stead of the original, who
may be dead, disabled or absent, and shall cause
the name or names of such person or persons so as
last aforesaid drawn to be invested in the said
venire facias to be summoned as aforesaid; and it
shall be the duty of the Sheriff to summons the
persons named in said venire facias, and make re-
turn thereof to said Court at the opening of its
Session. |
Judge of the
Court to have
charge of the
ballot box. |
Sec. 4. And be it further enacted by the au-
thority aforesaid, That immediately after each
drawing for Jurors as directed in the preceding
Section and for talisman as hereinafter directed
and without suffering the said ballots remaining |