ART. 51] QUALIFICATION AND SELECTION. 1269

1904, art. 51, sec. 3. 1888, art. 51, sec. 3. 1860, art 50, sec. 3. 1715, ch. 37,
sec. 4. 1797, ch. 87, sec. 7. 1858, ch. 139.

3. All persona over seventy years of age and all delegates, coroners
and constables during their continuance in office and all schoolmasters
shall be exempt from attendance as jurors.

The fact that one of the grand jurors, and one of the petit Jurors, were
over seventy, is no ground for writ of error or arrest of judgment. This
section does not create a disability, but gives an exemption which the party
affected may waive. Green v. State, 59 Md. 125.

This section is applicable to Baltimore city by reason of the act of 1860,
ch. 308. section 1, which provides that jurymen shall be selected from those
"qualified under the law of this State." Albert v. White, 33 Md. 306.
See notes to sections 1 and 11.
See art. 65, sec. 85.

Ibid. sec. 4. 1888, art. 51, sec. 4. 1860, art. 50, sec. 4. 1777, ch. 15,
sec. 10. 1812, ch. 178.

4. No property qualification shall be required in any juror.

Ibid. sec. 5. 1888, art. 51, sec. 5. 1860, art. 50, sec. 5. 1715, ch. 37,
sec. 9. 1778, ch. 21, sees. 2, 3.

5. No person shall be selected to serve as a juror in any court where
he hath any matter of fact depending for trial at the same court he is
selected to serve in, and no person having such matter of fact depend-
ing for trial shall be admitted as a qualified juror between party and
party during the sitting of the court in which such matter of fact shall
be or expected to be tried, and such disqualification shall be allowed
as a good cause of challenge of any juror, but no verdict of a jury shall
therefor be set aside or judgment thereon stayed, arrested or reversed.
This section does not refer to grand Jurors, but to petit jurors. Pontier v.
State, 107 Md. 388.

Ibid. sec. 6. 1888, art. 51, sec. 6. 1867, ch. 329, sec. 1. 1870, ch. 410,

sec. 1. 1888, ch. 432. 1890, ch. 28. 1890, ch. 627. 1892, ch. 182.

1894, ch. 497. 1896, ch. 329. 1900, ch. 618.

1902, ch. 105. 1904, ch. 184.

6. It shall be the duty of the clerk of the county commissioners
for each of the counties of this State to make out and file with the
clerks of the circuit courts for said counties, not less than twenty days
before the beginning of the second regular term of said courts after each
and every general election a fair and complete list of the male taxable
inhabitants or residents of said county, whose names appear on the tax
books of said county, and who are not known to said clerk to be under
the age of twenty-five years, and to which said lists so to be made and
filed the said clerks, respectively, shall append a certificate that said
list is fully and fairly made; and for making such list the said clerk
shall receive such compensation as the county commissioners shall deem
right and proper; and for failure to perform the duty hereby imposed
the said clerk to said commissioners shall forfeit and pay a fine to the
State of not less than five hundred dollars nor more than one thousand
dollars in the discretion of the court to be recovered by indictment as
for a misdemeanor, and he shall be thenceforth wholly incapable of