4858 ARTICLE 22.

1908, ch. 87, sec. 264B (p. 1038).

538. Instead of causing the names to be written upon ballots and
placed in and drawn from a box, as provided in section eight of article 51
of the Code of Public General Laws, the judge or judges of said court
may, in his or their discretion, in lieu thereof, require the clerk of said
court, under his or their direction, to provide a box of sufficient dimen-
sions, and to have the same divided into two compartments, and further
to provide two hundred white balls, each of the same size, plainly and
clearly marked with numbers from one to two hundred, respectively,
which said balls shall be placed in one compartment of said box and
thoroughly shaken and well mixed, and after the list of two hundred
inames shall have been selected and certified to as provided in the pre-
ceding section, the said judge or judges shall then cause the clerk or one
of his deputies whom the said judge or judges shall designate, neither the
one or the other, who may be so required to act, to be present at the selec-
tion of the said list of two hundred names, 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 be present, to draw from the compartment
in which said balls have been placed, through the opening made by remov-
ing the sliding top thereof, as will only conveniently admit the hand,
without in any way looking into said box, one by one, forty-eight of said
balls, and as each of said balls is drawn from said box it shall be handed
to the said judge or judges, who shall announce the number thereon,
together with the name on the list of two hundred names corresponding
to said number so drawn, and the said forty-eight names corresponding to
the said forty-eight numbers so drawn shall, with said numbers, be duly
recorded by said judge or judges, or by the clerk, in his or their presence
and under his or their direction, in the order in which they shall be
drawn, and shall number the names of those so drawn from one to forty-
eight, inclusive, in the order in which they are drawn, and thereupon the
said judge or judges shall forthwith order a venire facias provided in
said article 51 of the Code of Public General Laws, and after the said
forty-eight balls have been so drawn and the numbers thereon and the
names corresponding thereto shall have been recorded and numbered as
hereinbefore provided, the judge or judges shall place the said forty-eight
balls in the compartment of said box other than the one from which they
were drawn, together with the certified list of two hundred names, and
shall cause the said box to be closed-and locked and kept, and only opened
as provided in said article 51 of the Code of Public General Laws; pro-
vided, however, that if for any of the reasons mentioned in said article
51 of the Code of Public General Laws, it shall become necessary to draw
talesman or to fill vacancies, the judge or judges shall draw from said
box as many balls as may be necessary therefor, in the same manner as
the original forty-eight were drawn, and as each vacancy may be filled
the one so drawn to fill the vacancy shall be substituted in said list of
forty-eight under the same number and in the place of the one in whose
place and stead said juror may be drawn, and the clerk of the court shall
designate in his minutes of the proceedings of said court the name and