JOHN WALTER SMITH, ESQ., GOVERNOR.

127

names from the fifth election district in number five; the
names from the sixth election district in number six ; and the
names from the eighth election district in number seven; and
after so depositing 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 then and there in the presence of said judge
or judges, and such other persons as may choose to be present,

CHAP. 105.

to draw, without looking into the same, from said box. forty-
seven 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 ; provided
that after the foreman has been selected the district of his
residence shall be carefully noted, and at said drawing one less
name than above provided shall he drawn from the compart-
ment' representing the district in which he resides in order that
the same number of names may be drawn from each district

Names to be
drawn.

as before the passage of this Act, and the names appearing on
said ballots so drawn shall be recorded by the clerk of the said
Court, or one of his deputies, in the presence of the said judge
or judges in order drawn ; and thereupon said judge or
judges shall forthwith order a venire facias directed to the
sheriff of said county commanding him to summon as jurors,
to attend at the next ensuing term of said Court, on the first
day thereof, the several persons whose names may be drawn as
aforesaid, and also the foreman selected as aforesaid ; and if
any of the persons so drawn and embraced in said venire facias
should be dead, sick or otherwise unable to attend, or should

Recorded.

be absent and therefore not to be found, it shall be the
duty of said sheriff forthwith to return the fact of such
death, disability or absence to the judge or judges, who
shall thereupon cause to be drawn from the compart-
ment 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 of such
person so dead, sick, returned non est or excused, and shall
cause the name or names last as aforesaid drawn to be inserted
in said venire facias to be summoned as aforesaid ; provided,
that should the person selected as foreman of the grand jury
die, be returned non est or be excused on account of sickness
or for any other cause, the judge or judges may select or
appoint another person from the names remaining on the
original list provided for in section 1, and that the Court, at
the beginning of the term for which the said persons were
drawn and summoned, shall direct the clerk of said Court, or
one of his deputies, to legibly write upon ballots the names of

Duty
of sheriff.