ART. 51] SELECTION OF JURORS. 1271

lists and certificates shall be filed with the clerks of the said courts
and by them preserved as other proceedings of the said courts are kept.
Modified as to Howard, Garrett, Allegany, Anne Arundel, Worcester,
Somerset, St. Mary's, Caroline, Queen Anne's and Talbot counties and
special laws enacted.

The method prescribed for drawing jurors is mandatory, and must be sub-
stantially compiled with to make the jury legal. The duty of the judge with
reference to the age of persons selected is directory only. Green v. State, 59
Md. 124. See also, Avirett v. State, 76 Md. 534; State v. McNay, 100 Md. 627.
It is strongly Intimated that the provision for the selection of jurors fif-
teen days before the commencement of the term, is directory only. State v.
Vincent, 91 Md. 724.

Any one of the circuit judges may discharge the duty prescribed by this
section. A certificate by the. Judge held to be in compliance with the require-
ments of this section. Friend v. Hamill, 34 Md. 300.

As to how and when the list of names from which a grand jury is to be
drawn, should be made up, see State v. Keating, 85 Md. 190; Avirett v. State,
76 Md. 534; State v. McNay, 100 Md. 627.

The selection of jurors is not essentially a judicial function, and hence an
act is constitutional which authorizes the governor to appoint a jury com-
mission. State v. McNay, 100 Md. 626.

Cited but not construed in Cooper v. State, 64 Md. 46.
See notes to sec. 11.

1904, art. 51, sec. 8. 1888, art. 51, sec. 8. 1867, ch. 329. 1868, ch. 316. 1870, ch.

220. 1882, ch. 496. 1886, ch. 390. 1888, ch. 432. 1890, ch. 28. 1890, ch.

533. 1890, ch. 627. 1892, ch. 182. 1894, ch. 299. 1894, ch.

497. 1896, ch. 155. 1896, ch. 329. 1898, ch. 376. 1900,

chs. 374, 451, 618. 1902, chs. 105 and 621.

1904, chs. 184 and 303. 1910, ch.

325 (p. 160).

8. When said list of names selected as directed in the preceding
section is made and certified as therein provided for, immediately
thereupon the said judges of the said respective courts, in the presence
of the members of the bar, as aforesaid, and such other persons as may
think proper to be present, shall cause all the names selected and placed
in the list as aforesaid to be legibly written upon ballots, which shall
be of equal size and of the same color and appearance, and shall be
closely rolled or folded, and in each of the counties, except Baltimore,
Frederick, Montgomery and Carroll counties, placed by the said judges
with their own hands before the drawings herein provided for in a
cubi-form box, with a sliding top of the square of eight inches, to be
procured for that purpose by the clerk of said court, under the direc-
tion of the said judges, and after so depositing said ballots the said box
shall be closed and the said judges shall then cause the clerk, or one of
his deputies, whom the said judges shall designate (neither the one nor
the other who may be so required to act to be present at the writing,
rolling or folding and depositing said ballots into the box as herein
directed) to appear before them and then and there, in the presence of
the said judges and such other persons as may choose to he present
after well and thoroughly shaking the said box, so that the ballots be
well mixed, to draw from said box through such opening made by
removing the sliding top thereof as will only conveniently admit the
hand and without in any manner looking into said box one by one,