JURIES 2211

Allegany, Anne Arundel, Worcester, Somerset, St. Mary's, Caroline, Queen
Anne's and Talbot counties and special laws enacted.

The method prescribed for drawing jurors is mandatory, and must be substantially
complied with to make jury legal. The duty of judge with reference to the age of
persons selected is directory only. Green v. State, 59 Md. 124. See also Avirett v.
State, 76 Md. 534; State v. McNay, 100 Md. 627; Hollars v. State, 125 Md. 373.

It is strongly intimated that the provision for selection of jurors fifteen days before
commencement of term, is directory only. State v. Vincent, 91 Md. 724.

Any one of circuit judges may discharge duty prescribed by this section. A cer-
tificate by judge held to be in compliance with this section. Friend v. Hamill, 34 Md. 300.

As to how and when list of names from which grand jury is to be drawn, should
be made up, see State v. Keating, 85 Md. 190; Avirett v. State, 76 Md. 534; State v.
McNay, 100 Md. 627.

Selection of jurors is not essentially a judicial function, and hence an act is con-
stitutional which authorizes Governor to appoint a jury commission. State v. McNay,
100 Md. 626.

Cited but not construed in Cooper v. State, 64 Md. 46; Coblentz v. State, 164 Md. 570.

See notes to secs. 6 and 11.

An. Code, 1924, sec. 8. 1912, sec. 8. 1904, sec. 8. 1888, sec. 8. 1867, ch. 329. 1868, ch. 316.

1870, ch. 220. 1882, ch. 496. 1886, ch. 390. 1888, ch. 432. 1890, ch. 28. 1890, ch. 533.

1890, ch. 627. 1892, ch. 182. 1894, ch. 299. 1894, ch. 497. 1896, ch. 155.

1896, ch. 329. 1898, ch. 376. 1900, chs. 374, 451, 618. 1902, chs.

105 and 621. 1904, chs. 184 and 303. 1910, ch. 325 (p. 160).

8. When said list of names selected as directed in the preceding section
is made and certified as therein provided for, immediately thereupon the
said judges of the said respective courts, in the presence of the members
of the bar, as aforesaid, and such other persons as may think proper to be
present, shall cause all the names selected and placed in the list as aforesaid
to be legibly written upon ballots, which shall be of equal size and of the
same color and appearance, and shall be closely rolled or folded, and in
each of the counties, except Baltimore, Frederick, Montgomery and Carroll
counties, placed by the said judges with their own hands before the draw-
ings herein provided for in a cubi-form box, with a sliding top of the square
of eight inches, to be procured for that purpose by the clerk of said court,
under the direction of the said judges, and after so depositing said ballots
the said box shall be closed and the said judges shall then cause the clerk, or
one of his deputies, whom the said judges shall designate (neither the one
nor the other who may be so required to act to be present at the writing,
rolling or folding and depositing said ballots into the box as herein di-
rected) to appear before them and then and there, in the presence of the
said judges and such other persons as may choose to be present after well
and thoroughly shaking the said box, so that the ballots be well mixed, to
draw from said box through such opening made by removing the sliding top
thereof as will only conveniently admit the hand and without in any manner
looking into said box one by one, forty-eight of said ballots, and the names
appearing on said ballots as drawn shall be duly recorded by said judges or
by the clerk, in their presence and under their direction, in the order in
which they shall be drawn.

In Baltimore County a box shall be procured, as aforesaid, of the form
aforesaid, and of sufficient size, and said box shall be divided into fifteen
compartments, which shall be numbered to correspond with the districts of
the said county, and the names of the persons selected as aforesaid shall
by placed by the said judges in the said compartments of the said box,
respectively, which bear the numbers of the districts where the persons so
selected respectively reside, and there shall be then drawn in the manner
hereinbefore provided for the other counties four names from compartment
No. 1, three from No. 2, four from No. 3, three from No. 4, two from No. 5,
71