596

LAWS OF MARYLAND.

in said book, and the names of said reserves shall first

be all called in the superior court of Baltimore city,

the judge of which court shall determine upon their

qualifications as jurors, and the right or claim of any

members of said reserve to be excused or exempted

from service.

SEC. 610. If the full panels of jurors for the said

several courts shall not be obtained from the jurors so

drawn for the several panels of the said courts, as

herein provided, or from said reserve, by reason of

some of said jurors or reserve being legally disabled or

excused from attending, or not being found, or from

other causes, the sheriff, upon being notified by any

Sheriff com-

of said judges what additional number of jurors

plete panels.

is required for the court in which he presides,

shall proceed to complete the said panel or panels

in which jurors are needed, by summoning in the stead

of such juror or jurors such number of persons as said

judge may direct, of the persons whose names are set

down in the said jury book next after the regular

panels, and after those persons who have been sum-

moned as the reserve hereinbefore provided for, and

Summon per-

he shall summon such person or persons as near as he

sons in order.

can reasonably do so, in the order in which they are

set down in said book, and their names shall be called

for empanelling in the order in which they appear in

said book.

SEC. 612. If at any trial of any cause in any of the

said several courts as aforesaid, tales, decircurnstanti-

bus, shall be ordered, it shall be the duty of the sheriff

Summon tales-

to summon as such talesmen those who are entered in

men

said book and are not upon the regular panels as

aforesaid, and such talesmen shall be summoned and

called to be sworn or affirmed upon their voir dire, or

otherwise, in the order in which their names are set

down in said jury book, unless the sheriff or his

deputy in that behalf shall swear that he has made

true and diligent search for such persons as do not

appear, and that they cannot be found, or unless being

summoned such persons have failed to appear, or unless

the state's attorney or his deputy, and counsel for the

traverser, or the counsel for the parties 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