CAROLINE COUNTY. 1639

they, after selecting from the taxables and voters, as required by law, the
list of names to be placed in the box for the drawing, and certifying to
the list, shall cause the names on the list to be numbered, commencing with
the first name thereon, numbering upwards consecutively, and then, instead
of requiring the names on the selected list to be written on ballots and
placed in and drawn from the box, the said judge or judges drawing the
jury, in his or their discretion, and option and in lieu of such written
ballots, may cause the Clerk of the Circuit Court for the County wherein
they are to be used to provide a number of white marbles or balls, each of
the same size and plainly marked with numbers from one consecutively
upwards to the highest number on the selected list of names certified to
by said judge or judges, which said marbles or balls shall be placed in the
box from which drawings are made in the case where ballots are used;
where the drawings are made by districts, the marbles or balls shall be
deposited in the district compartments in such way that their numbers
shall correspond, in each district, with the names on the judge's or judges'
selected list and the numbers thereof; the said judge, or judges, shall then
cause the Clerk of the Court for the County in which the drawing is
being made, or one of his deputies whom the said judge, or judges, shall
designate, neither the one nor the other who may be so required to act to
be present at the selection of the said list of names or the numbering of
the same, to appear before him or them, and then and there in the
presence of the said judge or judges, and such other persons as may choose
to attend, to draw from the box in which the balls are placed, in the
same order and way that ballots would be drawn, without in any way
looking into said box, one by one forty-eight of said marbles or balls; and
as each marble or ball is drawn from the box it shall be handed to the
judge or judges, who shall announce the number thereon and the name on
the said selected and certified list whose number corresponds therewith;
and the forty-eight names corresponding by numbers to the forty-eight
numbers on the marbles or balls so drawn and the said numbers, shall be
duly recorded in the presence of the said judge or judges, who shall forth-
with order a venire facias for the persons whose names have been so drawn.
The forty-eight marbles or balls drawn shall be sealed up safely, and pre-
served by the Clerk; the marbles or balls that were not drawn shall remain
in the box, or boxes, wherein they were deposited, which shall be locked
or sealed, to be used in filling vacancies that may occur in the jury, in the
same way they might be filled if the drawing had been made by ballots.
The intent and meaning of this Act is not to supersede or repeal the laws
now regulating the drawing of juries by ballot, but simply to provide
another way of drawing them, leaving the judges in said Judicial Circuit
free to use either the ballot system or the marble or ball system as may be
most convenient and satisfactory to the judge or judges drawing a jury.

1912, ch. 498.

348. Whenever any petit jurors, or talesmen sworn in a case, shall be
required to attend and sit in the trial of a case at a night session of the