ART. 4.] JURORS. 469

true and diligent search for such persons as do not appear, and
that they cannot be found, or unless being summoned such per-
sons have failed to appear, or unless the State's attorney or his
deputy, and counsel for the traverser, or the counsel for the par-
ties litigant, with the consent of the court, shall waive said order
for summoning and swearing or affirming such talesmen; but if
said affidavit shall have been made by said sheriff or his deputy,
or if such persons shall fail to appear after having been sum-
moned as aforesaid, or the said waiver shall be made with the
consent of the court, then such of the talesmen as have been
properly summoned and have appeared shall be called to be
sworn in the order in which their said names are recorded in the
jury book aforesaid; or whenever in either of said courts it shall
be necessary to summon talesmen, the judges of the said courts,
respectively, instead of, or in addition to, resorting to the fore-
going provisions of this section for the summoning of talesmen,
may order the sheriff to summon as such talesmen, any of the
jurymen in attendance upon either of the said courts, except said
criminal court of Baltimore, who may not then be engaged as a
part of any special panel; and if it should happen at any time
that in summoning talesmen for any of the said courts, the
sheriff shall exhaust the whole list of the names drawn from the
said wheel, as provided in this sub-title of this article, it shall be
his duty immediately to make report thereof, verified by his affi-
davit or affirmation, to the supreme bench of Baltimore city, and
thereupon the said judges, or one of them shall immediately
cause the sheriff, or his deputy to be designated by him, to
appear before such judge, in some one of the court rooms in said
city, and cause such additional number of names as shall be des-
ignated by the judge of the court for which such talesmen are
needed, to be drawn from the names selected by said judges as
aforesaid, and still remaining upon said list of qualified jurors,
and from such further names, if any, as the judges of the supreme
bench, or a majority of them, shall select and cause to be added
to said list; and the said drawing shall be made, and the names
drawn shall be recorded in the manner provided in sections 586
and 591; and the talesmen shall be summoned from such addi-
tional number of persons so drawn in the manner hereinbefore
directed.