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ARTICLE 51

ARTICLE 51.

JURIES.¹

	Qualification and Selection of Jurors.	11. Selection of disqualified persons; co-
	1. Age of juror.	ercion of jurors.
	2. Judges of orphans' court ineligible. 3. Persons exempt.	12. Emptying box before new panel. 13. Petit jury in civil cases, how selected.
	4. No property qualification. 5. Persons having matter of fact depend-	14. Refusal by party to strike out. 15. Talesmen to be summoned.
	ing for trial at same term not to be	16. Dispensing with full panel.
	selected.	17. Criminal cases where no peremptory
	6. Clerk of county commissioners to pre-	challenge.
	pare lists; penalty. Special laws for certain counties.	18. Trial of alien. 19. Peremptory challenge.
	7. Selection of panel. Special laws for certain counties.	20. Pay and mileage; not applicable to Baltimore City and certain counties.
	8. Drawing and summons. Special pro- visions for certain counties; other	21. In cases of forcible entry and detainer. 22. Grand jury to visit jail.
	counties excepted.	23. Intermediate sessions of grand or petit
	9. Residue of names to be kept sealed in box; selection of additional tales-	juries; court may resummon. 24. Jury may be kept together or permitted
	men.	to separate.
	10. Grand jury; petit jury; Prince	25. Alternate jurors.
	George's and Talbot Counties ex-
	cepted.

Qualification and Selection of Jurors.

An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, sec. 1. 1797, ch. 87, sec. 5.

1. No person shall be selected and placed upon a panel as a juror who
shall not have arrived at the age of twenty-five years.

This section is directory merely; to invalidate indictment upon ground of non-age
of a juror, it must appear that traverser was prejudiced thereby. Hollars v. State,
125 Md. 370.

Fact that two of jurors were under age, though unknown to losing party, is no ground
for new trial. A cause for challenge cannot be relied on if right of challenge was not
exercised. Johns v. Hodges, 60 Md. 220; Hollars v. State, 125 Md. 371.

The selection of jurors is not essentially a judicial function, and hence an act is
constitutional which authorizes Governor to appoint a jury commission. State v. McNay,
100 Md. 626.

This section is applicable to Baltimore City by reason of act of 1860, ch. 308, sec. 1,
which provides that jurymen shall be selected from those "qualified under the law of
this state." Albert v. White, 33 Md. 306.

See notes to secs. 3 and 11.

An. Code, 1924, sec. 2. 1912, sec. 2. 1904, sec. 2. 1888, sec. 2. 1832, ch. 170.

2. No judge of the orphan's court shall be selected to serve as a juror
in any case whatever.

As to inspection by jury in civil cases of property or place, see art. 75, sec. 105.

¹ Art. 26, sec. 9, of the An. Code, referred to in holding that constitutional right of jury
trial is not infringed by compulsory appointment of an auditor in an action of law
involving intricate accounts, with a view to his making a report which will simplify
issues for jury. Power to appoint auditor inherent in district court as a trial court.
Limitations on right of jury trial. Matter of Walter Peterson, 253 U. S. 308.