390 JURIES. [ART. 51

And the said names so drawn in Baltimore, Frederick, Mont-
gomery and* Carroll counties shall be recorded, as hereinbefore
directed [for the other counties, and thereupon the said judges
shall forthwith order a venire facias, directed to the sheriffs of
said counties, respectively, commanding them to summon as
jurors to attend at the next ensuing term of said courts, the
several persons whose names may be drawn, as aforesaid; if
any such persons whose names are so drawn and embraced in
said venire facias should be dead, sick, or otherwise unable
to attend, or should be absent, and therefore not be found, it
shall be the duty of said sheriff forthwith to return the fact of
such death, disability or absence, and the said judges shall there-
upon cause to be drawn from said box, in the manner hereinbe-
fore directed, other names in the place and stead of the original
who may be dead, disabled or absent, and shall cause the name
or names of such person or persons so as last aforesaid drawn, to
be inserted in said venire facias to be summoned as aforesaid;
and it shall be the duty of the sheriff to summon the person
named in said venire facias and make return thereof to the
said court at the opening of its session; this section shall not
apply to Prince George's county, nor to Dorchester, Wicomico
or other counties, as to which special provision is made by the
local law thereof.

Mills v. State, 76 Md. 280.

1890, ch. 62. 1892, ch. 153.

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 fore-
man of the grand jury, either temporary or permanent, by death,