ART. 61.] JURIES—TALESMEN—CHALLENGE. 871

P. G. L , (1860,) art 50, sec. 11. 1798, ch 94.

15. The several courts of this State shall at all times have
power to direct talesmen to be summoned to serve on juries,
where, without such talesmen, there would not be twenty of the
original panel, exclusive of the jury charged, from whom a jury
can be formed; or may direct such tales to be summoned when-
ever, by challenging or otherwise, a sufficient number of jurors
cannot be had to try the case, either civil or criminal.

Ibid. sec. 12. 1798, ch. 94.

16. If the parties or their counsel agree, the drawing of a
panel of twenty jurors in any cause may be dispensed with.

Ibid, sec 13. 1802, ch. 69. 1809, ch 138, secs. 13-14.

17. The provisions of the f our preceding sections shall apply
to all criminal cases where the right of peremptory challenge is
not allowed, and the State's attorney for the county or city, or
the attorney prosecuting for the State, shall strike for the State.

Hamlin v. State, 67 Md 336.

Ibid sec. 14., 1789, ch. 22, sec. 5. 1809, ch. 138, sec. 15.

18. Any alien, denizen or foreigner who may be indicted for
any offence committed within this State, shall be tried by a jury
of the county in the same manner as the citizens thereof, and
there shall be no challenge either to the array or the polls for the
want of foreigners on the panel or jury that may be returned.

Ibid. sec. 15, 1816, ch. 45. 1841, ch. 162. 1872, ch. 40.

19. The right of peremptory challenge shall be allowed to any
person who shall be tried on presentment or indictment for any
crime or misdemeanor, the punishment whereof, by law, is death
or confinement in the penitentiary, and to the State on the trial
of such indictment or presentment; but the accused shall not
challenge more than twenty, nor the State more than four jurors,
without assigning cause.

Turpin v. State, 55 Md. 464. Hamlin v. State, 67 Md. 336.

Ibid, sec 16. 1816, ch. 193, sec. 9. 1854, ch. 28. 1865, ch. 78. 1880, ch. 441.

20. Jurors shall receive two dollars and a half per day, for
each and every day they shall attend the several courts, of this