FRANK BROWN, ESQUIRE, GOVERNOR.

251

second district in number two, the thirty-five names from

the third district in number three, the thirty -five names

from the fourth district in number four, the thirty-five names

from the fifth district in number five, the forty -five names

Number

from the sixth district in number six, and the thirty names

in each
district.

from the eighth district in number seven ; and after so de-

positing the said ballots, the said box shall be closed and

the judge or judges shall cause the clerk of said Circuit

Court, or one of his deputies, whom the said judge or judges

shall designate, and who shall not have been present at the

writing, folding and depositing of said ballots into the box

as herein directed, to appear before him or them and then

and there in the presence of said judge or judges and such

other persons as may choose to be present, to draw, without

looking into the same, from said box forty-eight names as

follows : Six names from compartment number one, six from

number two, seven from number three, seven from number

four, seven from number five, nine from number six and six

from number seven ; and the names appearing on said ballots

so drawn shall be recorded by the clerk of the said Circuit

Court in the presence of the said judge or judges in the

order drawn, and immediately thereupon the said judge or

judges, in the presence of the members of the bar and such

other persons as may attend, of the forty -eight jurors drawn,

shall select and appoint one who shall be foreman of the

grand jury, and shall direct the clerk of said court to legibly

write upon ballots of the same size and color 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, said clerk shall draw said ballots therefrom, one at a

time, without looking into said box, and the first twenty-

two names so 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

said court, and thereupon said judge or judges shall order a

venire facias directed to the sheriff of said county command-

ing him to summon the juror selected as foreman and the

other twenty-two grand jurors to attend at the first day of

the next ensuing term of court, and the twenty -five petit

jurors to attend at the fourth day of the same term ; and if

any of the persons so drawn as grand or petit jurors are

dead, sick or returned non est by the sheriff or excused by

the court for such as and dead, sick or returned nonest, it

shall be the duty of the sheriff to return the fact to the

judge or judges who shall thereupon cause to be drawn from

.

the compartment or drawer from which the name of the

person so dead, sick, returned non est or excused by the

judge or judges, was drawn another name to take the place