3092 ARTICLE 14.

appoint any one of the jurors drawn as foreman in place of the foreman
so dead or excused.*

1920, ch. 146.

200. Whenever a judge, or the judges, of the Circuit Court for How-
ard County draws a jury, he or they, after selecting from the taxable
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 Howard County 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 mar-
bles 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 Circuit Court for Howard
County, 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 at-
tend, 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 re-
corded in the presence of the said judge or judges, who shall forthwith
order a venire facias for the persons whose names have been so drawn.
The forty-eight marbles or balls drawn shall be placed in separate com-
partments of the box; the marbles or balls that were not drawn shall re-
main 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 drawings had been made
by ballot. And in drawing the Grand Jury the said judge or judges, in
his or their discretion, and option, and in lieu of written ballots, may cause

*Sec. 3, ch. 5, 1910, repealed portions of Article 57 of Annotated Code Incon-
sistent therewith as to Howard County.