JURIES. 1891

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, commanding
them to summon as jurors to attend at the next ensuing term of said courts
the several persons whose names may he drawn as aforesaid; 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, Caroline,
Somerset, Worchester, Garrett, Allegany, Queen Anne's, Talbot or other
counties, as to which special provision is made by the local law therefor.

A discrepancy in middle name of juror as drawn from box and as sworn on panel,
there being no mistake as to identity of the person, 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 indictment, the non-resident not being on 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, 76 Md. 280.

As to how and when ballots should be prepared, and presence of clerk who draws
names for grand jury box at writing or folding and depositing of 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.

An. Code, sec. 9. 1904, sec. 9. 1888, sec. 9. 1867, ch. 329, sec. 4.

9. Immediately after each drawing for jurors as directed in the pre-
ceding section and for talesmen as hereinafter directed and without suffer-
ing the said ballots 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 whatever, 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 of 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 per-
son whatever, unless it be in the presence of the said judge and by his direc-
tion 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