PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 1633

two in the order in which they were drawn shall with the fore-
man selected as aforesaid constitute the grand jury, and the
remaining twenty-five shall constitute the petit jury for the
term of court for which they have been drawn, and said names
shall be recorded as drawn for the respective juries to which
they belong; and thereupon the said Judge or Judges shall
forthwith order a venire facias, directed to the Sheriff of said
County, commanding him to summon as grand jurors to attend
on the first day of the next ensuing term of said Court the
several persons whose names have been drawn and selected as
grand jurors as aforesaid, and also commanding the said Sheriff
to summon as petit jurors to attend on the first Thursday of the
next ensuing term of said court the several persons Avhose name
have been drawn as petit jurors as aforesaid. If 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 Judge or Judges shall cause
to be drawn from said box, in the manner hereinbefore directed,
other names in the place and stead of the original grand or
petit jurors who may be dead, sick or otherwise unable to attend,
or absent and not found, or who are disqualified, or who are
for sufficient cause excused by the Court prior to that time,
the first named in order drawn to constitute additional grand
jurors to fill vacancies occurring as aforesaid, and the remainder
drawn to be petit jurors to fill vacancies thus occurring; and
shall cause the name or names of such person or persons so
as last aforesaid drawn, to be inserted in the venire facias, to be
summoned as grand or petit jurors, as the case may be, and it
shall be the duty of the Sheriff to summon the persons named
in said venire facias and make return thereof to the said Court
at or before the beginning of the term.

If the person selected as aforesaid as foreman of the grand
jury be not present at the beginning of the term for which
he was selected, or be excused by the Court from serving as
such foreman, the Court shall on the first day of the term select
as foreman some other person drawn and summoned to serve as
a grand juror, but one so excused from serving as foreman may
in the discretion of the court be required to serve as a grand
juror, unless disqualified or exempt.

If vacancies are to be filled before the beginning of a term as
herein provided for, the court may by its order in writing au-