EDWIN WARFIELD, ESQ., GOVERNOR.

305

box forty-eight names, as follows : Twelve names from com-

partment No. 1, ten from No. 2, eleven from No. 3, eight from

No. 4, and seven from No. 5, 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

county, commanding him to summon as jurors to attend at the

Sheriff to

first day of the next ensuing term of court the forty-eight per-

summon
jurors.

sons 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

No juror to

thereof to the court at the opening of its sessions; provided,

serve at two
consecutive

however, that no person shall be drawn and summoned to two

terms.

successive terms of court.

SEC. 4. And be it enacted, That at any time after the draw-

ing of said jury, the Judge or Judges of said court shall desig-

Foreman of
the grand

nate one person from the forty-eight names so as aforesaid

jury.

drawn to be foreman of the Grand Jury, and after selecting

the said foreman the said Judge or Judges shall, on the first

day of the term, cause 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

respectively drawn, and the clerk shall, in the presence of the

court, draw therefrom from the several election districts, be-

ginning with the First District, six names from the First Dis-

trict, five names from the Second District, five names from the

Third District, four names from the Fourth District and three

names from the Fifth District; the twenty-three names thus

drawn, including the foremen previously selected, shall con-

stitute the Grand Jury, and the remaining twenty-five names

shall constitute the Petit Jury for said term of court; pro-

vided, however, that the foreman shall constitute and be counted

as one in the apportionment for the election district in which