ART. 51] EMPANELLING JURIES. 1277

forthwith delivered to the respective parties or their counsel in the
cause; and the said parties or their counsel may each strike out four
persons from the said lists and the remaining twelve persons shall there-
upon be immediately empanelled and sworn as the petit jury in such
cause. ,

The object of this section discussed. The parties have a right to have
their challenges determined before they strike under this section. Lee v.
Peter, 6 G. & J, 452.

Either party may challenge a Juror for cause before he is sworn, whether
he has or has not struck under this section. Edelen v. Gough, 8 Gill, 89.

Where there is more than one plaintiff or defendant the right to strike
four names does not extend to each party, but is limited to each side.
Diamond State Co. v. Blake, 105 Md. 573.

Where there is more than one traveraer they can only strike four names
between them. Hamlin v. State, 67 Md. 335; Diamond State Co. v. Blake,
105 Md. 573.

The right of the court to consolidate cases, discussed in connection with
this section. Frledenwald v. Baltimore, 74 Md. 124.

1904, art. 51, sec. 14. 1888, art. 51, sec. 14. 1860, art. 50, sec. 10. 1797, ch. 87, sec. 9.

14. If the said parties or their counsel, or either of them, shall
neglect or refuse to strike out from the said lists the number of persons
directed in the preceding section, the court may direct the clerk to
strike out from the list of the party so neglecting or refusing the num-
ber in said section directed, and the remaining twelve persons shall
be empanelled and sworn as aforesaid; but this and the preceding sec-
tion shall not take away the right of any person to challenge the array
or polls of any panel returned in the manner allowed by the laws of
this State.

The privilege of striking distinguished from the right to challenge the
array or polls for favor or cause. The latter extends to each person accused.
Hamlin v. State, 67 Md. 337.

The challenges for cause should be determined before the Jury is struck
under section 13. The object of this section discussed. State v. Glascow,
59 Md. 212.

Ibid. sec. 15. 1888. art. 51, sec. 15. 1860. art. 50. sec. 11. 1798, ch. 94.

15. The several courts of this State shall at all times have power
to direct talesmen to be summoned to serve on juries where, without
such talesmen, there would not be twenty of the original panel, exclu-
sive of the jury charged, from whom a jury can be formed; or may
direct such talesmen to be summoned whenever, by challenging or other-
wise, a sufficient number of jurors cannot be had to try the case, either
civil or criminal.

Ibid. sec. 16. 1888. art. 51, sec. 16. 1860, art. 50, sec. 12. 1798, ch. 94.

16. If the parties or their counsel agree, the drawing of a panel of
twenty jurors in any cause may be dispensed with.

Ibid. sec. 17. 1888, art. 51. sec. 17. 1860, art. 50, sec. 13. 1802, ch. 69
1809, ch. 138, secs. 13, 14.

17. The provisions of the four preceding sections shall apply to all
criminal cases where the right of peremptory challenge is not allowed-