1366 JURIES. [ART. 51

1888, art. 51, sec. 10. 1867, ch. 329, sec. 5. 1870, ch. 331. 1878, ch. 369
1890, ch. 62'. 1892, ch. 153. 1900, ch. 130. 1902, ch. 341. 1904, ch. 184.

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 fore-
man 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 foreman of the grand jury, either temporary or
permanent, by death, absence, sickness or any other cause, the
court shall have power to appoint some other member of the
grand jury foreman as often as the necessity for such appoint-
ment shall occur. If for any reason any person or persons
drawn as a grand juror or grand jurors shall fail to attend and
be present at the conclusion of the drawing or be disqualified
or excused for cause the court shall forthwith proceed to fill
such vacancies from the aforesaid remaining number of twenty-
five names of those who are present in the order in which the
names were drawn from the box and may thereupon in its dis-
cretion fill such vacancy or vacancies thus made in the petit
jury by drawing the necessary number of additional names
therefor in manner provided by section 8 of this article. This
section is modified as to Prince George's county and Talbot
county.
Cooper v. State, 64 Md. 45. State v. Vincent, 91 Md. 724.

Ibid, sec 11. 1867, ch. 329, sec. 6. 1870, ch. 410. 1904, ch. 144.

11. The name of no person disqualified or exempted by
existing law from serving as a juror, or whom by existing law
the sheriff is forbidden to summon as such, shall be selected
and placed upon the panel or list from which the drawing is
to be made as directed by this article; nor shall any person
be drawn and summoned to two successive terms of court; but
the selection or drawing of any person disqualified as a juror
under this article shall not invalidate the drawing or selection,
but such eiTor may be corrected by drawing another person
from the box in place of the person improperly selected or