2214 ARTICLE 51

There is nothing in this section limiting the power of the court to excuse jurors
for cause, and select others in their places. Mills v. State, 76 Md. 280.

As to how and when ballots should be prepared, and presence of clerk who draws
names for grand jury box at writing or folding and depositing of ballots, see State v.
Keating, 85 Md. 190.

This section compared with the local law applicable to Prince George's County.
State v. Vincent, 91 Md. 724. See also State v. McNay, 100 Md. 627.

Cited but not construed in Cooper v. State, 64 Md. 45; Coblentz v. State, 164 Md. 570.

See notes to see. 11.

An. Code, 1924, sec. 9. 1912, sec. 9. 1904, sec. 9. 1888, sec. 9. 1867, ch. 329, sec. 4.

9. Immediately after each drawing for jurors as directed in the pre-
ceding section and for talesmen as hereinafter directed and without suffer-
ing the said ballots remaining in said box to be taken out or in any manner
removed therefrom or inspected or examined, or the said box to be looked
into or removed from his presence by any person whatever, the said judge
of the said respective courts shall close said box and either lock or seal the
same securely and keeping the key or seal thereof himself, shall deposit
the said box containing the remaining ballots with the clerk of the said court
to be by him safely kept free from any handling or interference by any per-
son whatever, unless it be in the presence of the said judge and by his di-
rection and then only in the manner herein directed; and if for the trial of
any cause or causes, whether civil or criminal, in the said circuit court, a
talesman or talesmen be required, the judge of the said court may order the
sheriff to summon such talesman or talesmen either from a list of names
that shall be drawn from the said box containing the said ballots in the mode
and manner as directed by the preceding section and furnished to the said
sheriff or from the community at large, as heretofore practised.

Cited but not construed in State v. Vincent, 91 Md. 725.

See notes to sec. 11.

An Code, 1924, sec. 10. 1912, sec. 10. 1904, sec. 10. 1888, sec. 10. 1867, ch. 329, sec. 5.

1870, ch. 331. 1878, ch. 369. 1890, ch. 62. 1892, ch. 153. 1900, ch. 130.

1902, ch. 341. 1904, ch. 184.

10. Of the forty-eight jurors drawn and summoned, 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 said court to legibly write upon ballots the names of the remaining
forty-seven jurors, and after carefully folding said ballots separately to
place them in a box with a sliding top, and said clerk shall draw said ballots
therefrom one at a time without looking into said box and the first twenty-
two names drawn, with the foreman previously appointed, shall constitute
the grand jury, and the remaining twenty-five names shall constitute the
petit jury for said term of court; whenever a vacancy shall occur in the
position of foreman of the grand jury, either temporary or permanent, by
death, absence, sickness or any other cause, the court shall have power to
appoint some other member of the grand jury foreman as often as the
necessity for such appointment shall occur. If for any reason any person
or persons drawn as a grand juror or grand jurors shall fail to attend and
be present at the conclusion of the drawing or be disqualified or excused
for cause the court shall forthwith proceed to fill such vacancies from the
aforesaid remaining number of twenty-five names of those who are present
in the order in which the names were drawn from the box and may there-
upon in its discretion fill such vacancy or vacancies thus made in the petit
jury by drawing the necessary number of additional names therefor in