ART. 51] CUSTODY OF BOX CONTAINING NAMES. 1365
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,
Anne Arundel, St. Mary's, Caroline, Somerset, Worcester,
Garrett, Allegany, Queen Anne's, Talbot or other counties, as
to which special provision is made by the local law thereof.
Mills v. State, 76 Md. 280. State v. Vincent, 91 Md. 724.
1888, art. 51, sec. 9. 1867, ch. 329, sec. 4.
9. Immediately after each drawing for jurors as directed in
the preceding section and for talesmen as hereinafter directed
and without suffering 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 person whatever,
unless it be in the presence of the said judge and by his
direction 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.
Munshower v. State, 56 Md, 516.
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