ART. 51] GRAND AND PETIT JURIES. 1275

ever, the said judge of the said respective courts shall close said box
and either lock or seal the same securely and keeping the key or seal
thereof himself shall deposit the said box containing the remaining
ballots with the clerk of the said court to be by him safely kept free
from any handling or interference by any person whatever, unless it
be in the presence of the said judge and by his direction and then
only in the manner herein directed; and if for the trial of any cause
or causes, whether civil or criminal, in the said circuit court, a talesman
or talesmen be required, the judge of the said court may order the
sheriff to summon such talesman or talesmen either from a list of names
that shall be drawn from the said box containing the said ballots in
the mode and manner as directed by the preceding section and fur-
nished to the said sheriff or from the community at large, as heretofore
practised.

Cited but not construed in State v. Vincent, 91 Md. 725.

See notes to sec. 11.

1004. art. 51, sec. 10. 1888, art. 51, sec. 10. 1867, ch. 329, sec. 5. 1870, ch. 331. 1878,

ch. 369. 1890. ch. 62. 1892, ch. 153. 1900, ch. 130.

1902, ch. 341. 1904, ch. 184.

10. Of the forty-eight jurors drawn and summoned, the court at
the beginning of the term for which they were drawn and summoned
shall select and appoint one as foreman of the grand jury and shall
direct the clerk of said court to legibly write upon ballots the names
of the remaining forty-seven jurors, and after carefully folding said
ballots separately to place them in a box with a sliding top, and said
clerk shall draw said ballots therefrom one at a time without looking
into said box and the first twenty-two names drawn, with the foreman
previously appointed, shall constitute the grand jury, and the remain-
ing twenty-five names shall constitute the petit jury for said term of
court; whenever a vacancy shall occur in the position of foreman of
the grand jury, either temporary or permanent, by death, absence, sick-
ness or any other cause, the court shall have power to appoint some
other member of the grand jury foreman as often as the necessity for
such appointment shall occur. If for any reason any person or persons
drawn as a grand juror or grand jurors shall fail to attend and be
present at the conclusion of the drawing or be disqualified or excused
for cause the court shall forthwith proceed to fill such vacancies from
the aforesaid remaining number of twenty-five names of those who are
present in the order in which the names were drawn from the box and
may thereupon in its discretion fill such vacancy or vacancies thus
made in the petit jury by drawing the necessary number of additional
names therefor in manner provided by section 8 of this article. This
section is modified as to Prince George's county and Talbot county.

An indictment found by a number of grand Jurors less than the minimum
provided by law, is invalid unless the defect is waived by pleading to the
merits. Where a defect appears on the face of the Indictment it will be
quashed upon demurrer; otherwise the defect should be raised by plea in
abatement. This section extends to Prince George's county only so far
as to authorize the appointment of a substitute foreman. This section com-