ODEN BOWIE, ESQUIRE, GOVERNOR. 589
rected, to appear before him, and then and there,
in the presence of the said Judge and such other
persons 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, though such
an opening or aperture made by moving the slid-
ing top thereof, as will only conveniently admit
the hand, and without in any manner looking into
said box, one by one, seventy-three 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
thereupon forthwith the said Judge shall order a
venire facias, directed to the Sheriff of the said
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county, commanding him to summons 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 he
found, it shall be the duty of the Sheriff forthwith
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How drawn.
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to return the fact of such death, disability or ab-
sence, and the said Judge shall thereupon cause
to be drawn from said box, in the manner herein-
before 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 drajvn, to be
invested in the said venire facias, to be summoned,
as aforesaid; and it shall be the duty of the Sheriff
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Fill vacancy.
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to summon the persons named in said venire facias,
and make return thereof to said Court at the open-
ing of its session.
Sec. 63. Of the seventy-three jurors drawn and
summoned, the twenty-three names first occurring
in the order in which they were drawn, shall con-
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Sheriff to
make return.
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stitute and be the grand jury for the ensuing term
of said Court, and the remaining fifty names next
in order in the drawing shall constitute and be the
petit jury of the said ensuing term of the said
Court; and the Judge of the said respective Courts
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Grand jury.
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shall divide the petit jurors into two panels, one of
which shall serve during the first week of the said
Court, and the other during the second week; and
the said Court may make such order for the alter-
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Petit jurors.
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