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WASHINGTON COUNTY. 4859
number of each juror drawn in whose place and stead another may be
drawn, and the name of the juror drawn to fill said place and number
in said list of forty-eight jurors.
1908, ch. 87, sec. 264C (p. 1039).
539. Instead of causing the names to be written upon ballots and
placed in and drawn from a box as provided in section ten 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 to provide a box of sufficient dimensions, and further, to provide
forty-eight white balls in addition to those provided for in the preceding
section, each of the same size and plainly marked with numbers from one
to forty-eight, inclusive, and of the forty-eight jurors drawn and sum-
moned, the court, at the beginning of the term for which they were drawn
and summoned, shall select and appoint one as foreman of the grand jury,
and shall direct the clerk of the court to withdraw from the balls aforesaid
the ball containing the number corresponding with the number of the one
so selected and appointed as foreman, as the same appears in the list
of forty-eight jurors as numbered upon the drawing thereof, as provided
in the preceding section, and said remaining forty-seven balls shall be
placed in said box by the judge or judges and thoroughly shaken and well
mixed, and the said judge or judges shall then cause the clerk of said
court to draw from the said box, through the opening made by removing
the sliding top thereof, as will only conveniently admit the hand, and
without in any way looking into said box, one by one, twenty-two of said
balls, and as each of said balls is drawn from said box it shall be handed
by said clerk to the said judge or judges, who shall announce the number
thereon, together with the name on the list of forty-eight jurors drawn and
summoned and numbered as aforesaid, corresponding to said number.
And the said twenty-two names so announced corresponding to the twenty-
two 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 directions, in the order in which they shall respectively be drawn,
and said jurors ao drawn, together with the foreman selected and appointed
as aforesaid, shall constitute the grand jury for said term of court. If
for any reason any person or persons drawn as a grand juror or as grand
jurors, as aforesaid, shall fail to attend and be present at the conclusion
of the drawing aforesaid, or be disqualified or excused for cause, the court
shall forthwith proceed to fill such vacancy or vacancies from the remain-
ing number of twenty-five names in the manner aforesaid, of those who
are present in the order in which said vacancy or vacancies shall exist,
the juror first drawn to fill such vacancy, and who shall be present to be
substituted in the place and stead of the first vacancy on the list, and so
on until all vacancies are filled. And the said judge or judges may there-
upon, in his or their discretion, fill such vacancy or vacancies thus made
in the petit jury by drawing the necessary number of additional names
therefor in the manner provided in section 538 of this subtitle.*
*Sec. 2, ch. 87, 1908, repealed all laws inconsistent therewith.
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