ART. 17.] JURORS. 1599

upon ballots, which shall be of equal size and of the same color
and appearance, and shall be closely rolled or folded, and placed
by the said judge, with his own hands, immediately before the
drawing provided for by law, into a cubiform box, with sliding
top, of the square of eight inches, to be procured for that purpose
ty the clerk of said court, under direction of the said judge; and
after so depositing said ballots the said box shall be closed, and
the said judge shall then cause the clerk or one of his deputies,
whom the said judge 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 directed, to appear before him, and then and there, in the
presence of the said judge and such other persons as may choose
to be present, after well and thoroughly shaking said box so that
the ballots be well mixed, to draw from said box, through such an
opening or aperture made by moving the sliding top thereof, as
will only conveniently admit the hand, and without in any
manner looking into said box, one by one, seventy-three of said
ballots, and the names appearing on said ballots as drawn, shall
be duly recorded by the said judge, or by the clerk, in his pres-
ence and under his direction, in the order in which they shall be
drawn, and thereupon forthwith the said judge shall order a-
venire facias, directed to the sheriff of the said county, com-
manding him to summon as jurors, to attend at the next ensuing
term of said court, the several persons whose names may be
drawn as aforesaid; and if any such persons, whose names are so
drawn and embraced in said venire facias, shall be dead, sick or
otherwise unable to attend, or shall be absent, and therefore not
to be found, it shall be the duty of the sheriff forthwith to return
the fact of such death, disability or absence; and the said judge
shall thereupon cause to be drawn from said box, in the manner
hereinbefore directed, other names in the place and stead of the
original who may be dead, disabled or absent, and shall cause
the names of such persons so as last aforesaid drawn, to be
inserted in the said venire facias, to be summoned as aforesaid;
and it shall be the duty of the sheriff to summon the persons
named in said venire facias, and make return thereof to said
court at the opening of its session.