1888 ARTICLE 51.

integrity of such persons and without the least reference to their political
opinions; and of the names of such persons when so selected, a list shall be
made and a certificate thereto appended by the said judges that the said
list of names has been duly selected in conformity with and according to
the spirit and intent of this article, and which said 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 substantially
complied with to make jury legal. The duty of 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; Hollars v. State, 125 Md. 373.

It is strongly intimated that the provision for selection of jurors fifteen days
before commencement of term, is directory only. State v. Vincent, 91 Md. 724.

Any one of circuit judges may discharge duty prescribed by this section. A cer-
tificate by judge held to be in compliance with this section. Friend v. Hamill, 34
Md. 300.

As to how and when list of names from which 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.

Selection of jurors is not essentially a judicial function, and hence an act is
constitutional which authorizes Governor to appoint a jury commission. State v.
McNay, 100 Md. 626.

Cited but not construed in Cooper v. State, 64 Md. 46.

See notes to secs. 6 and 11.

An. Code, sec. 8. 1904, sec. 8. 1888, 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 draw-
ings 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 direction 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 be 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