1274 JURIES. [ART. 51

No. 12, one from No. 13 and one from No. 14; if from any cause the
number of names remaining in said compartments after the drawing
for the November term of said courts, be less than one hundred in the
aggregate, then in that event the judge or judges of said court shall,
before the drawing for the February term of said court, place in said
compartments in proper proportion a sufficient number of names as
aforesaid to make the aggregate number one hundred.

And the said names so drawn in Baltimore, Frederick, Montgomery
and Carroll counties shall be recorded as hereinbefore directed for the
other counties, and thereupon the said judges shall forthwith order a
venire facias, directed to the sheriff of said counties, respectively, com-
manding them to summon as jurors to attend at the next ensuing term
of said courts the several persons whose names may be drawn as afore-
said; 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 be found, it shall be the duty
of said sheriff forthwith to return the fact of said death, disability or
absence, and said judges shall thereupon cause to be drawn from said
box in the manner hereinbefore 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
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 named
in said venire facias and make return thereof to the said court at the
opening of its session. This section shall not apply to Prince George's
county, nor to Dorchester, Wicomico, Anne Arundel, St. Mary's, Caro-
line, Somerset, Worcester, Garrett, Allegany, Queen Anne's, Talbot or
other counties, as to which special provision is made by the local law
therefor.

A discrepancy in the middle name of a juror as drawn from the box and
as sworn on the panel, there being no mistake as to the Identity of the per-
son, is no ground for an arrest of Judgment. Munshower v. State, 56 Md. 516.
The fact that one of the forty-eight Jurors drawn was a non-resident, held
not to affect an Indictment, the non-resident not being on the grand jury.
State v. Glascow, 59 Md. 211.

There is nothing in this section limiting the power of the court to excuse

Jurors for cause, and select others In their places. Mills v. State, 70 Md. 280.

As to how and when the ballots should be prepared, and the presence of the

clerk who draws the names for the grand Jury box at the writing or folding

and depositing of the ballots, see State v. Keating, 85 Md. 190.

This section compared with the local law applicable to Prince George's
county. State v. Vincent, 91 Md. 724. See also, State v. McNay, 100 Md. 627.
Cited but not construed in Cooper v. State, 64 Md. 45.
See notes to sec. 11.

1904, art. 51, sec. 9. 1888, art. 51, sec. 9. 1867, ch. 329, sec. 4.
9. Immediately after each drawing for jurors as directed in the
preceding section and for talesmen as hereinafter directed and without
suffering the said ballets remaining in said box to be taken out or in
any manner removed therefrom or inspected or examined, or the said
box to be looked into or removed from his presence by any person what-