352 JURIES. [ART. 50.

the remaining twelve persons shall thereupon be immediately
empanelled and sworn as the petit jury in such cause.

10. If the said parties or their counsel, or either of them, shall
neglect or refuse to strike out from the said lists the number of
persons directed in the preceding section, the court may direct
the clerk to strike out from the list of the party so neglecting or
refusing the number in said section directed, and the remaining
twelve persons shall be empanelled and sworn as aforesaid; but
this and the preceding section shall not take away the right of
any person to challenge the array or polls of any panel returned
in the manner allowed by the laws of this State, or in any man-
ner to change the law in relation to petitions for freedom.

11. The several courts of this State shall at all times have
power to direct talesmen to be summoned to serve on juries,
where without such talesmen there would not be twenty of the
original panel, exclusive of the jury charged, from whom a jury
can be formed; or may direct such tales to be summoned when-
ever by challenging or otherwise a sufficient number of jurors
cannot be had to try the case, either civil or criminal.

12. If the parties or their counsel agree, the drawing of a
panel of twenty jurors in any cause may be dispensed with.

13. The provisions of the four last preceding sections shall
apply to all criminal eases where the right of peremptory chal-
lenge is not allowed, and the State's Attorney for the county or
city, or the attorney prosecuting for the State, shall strike for
the State.

14. Any alien, denizen or foreigner who may be indicted for
any offence committed within this State, shall be tried by a jury
of the county in the same manner as the citizens thereof,
and there shall be no challenge either to the array or the polls
for the want of foreigners on the panel or jury that may be
returned.

15. The right of peremptory challenge shall be allowed to any
person who shall be tried on indictment for any crime or misde-
meanor, the punishment whereof by law is confinement in the
penitentiary, but the accused shall not challenge more than
twenty jurors without assigning cause.