J. MILLARD TAWES, GOVERNOR                          1289

embraced in said venire facias shall be dead, sick or otherwise unable
to attend, or shall be absent and therefore not to be found, it shall be
the duty of the sheriff forthwith to return the fact of such death,
disability or absence to the court; and the said judge or judges shall
thereupon cause to be drawn from said box in the manner herein-
before directed, other names in the place and stead of the original
persons who may be dead, under disability or absent; and shall cause
the name or names of such persons so as last aforesaid drawn to be
inserted in the venire facias to be submitted as aforesaid. It shall
be the duty of the sheriff to summon the persons named in the venire
facias and to make return thereof to said court at the opening of its
session.

917. Of the jurors so drawn in accordance with the preceding
section and summoned, not less than fifty-eight nor more than [sixty-
eight] ninety-three (93), including the Foreman of the Grand Jury
previously selected, to be designated in the venire facias as the first
week's jury shall be required to attend the opening session of the
court, from which is to be selected the Grand Jury and the first
week's Petit Jury. The next group of jurors drawn and summoned
in accordance with the preceding section, after those designated as
the first week's jury, consisting of not less than thirty-five, nor more
than [forty-five] seventy (70), shall be designated in the venire facias
as the second week's jury and shall not be required to attend until
the second week. The third group so drawn and summoned in accord-
ance with the preceding section, after those designated as the second
week's jury, consisting of not less than thirty-five, nor more than
[forty-five] seventy (70), shall be designated in the venire facias as
the third week's jury and shall not be required to attend until the
third week. Of the not less than fifty-seven nor more than [sixty-
seven] ninety-two (92) jurors, the foreman of the Grand Jury having
been previously selected, drawn and summoned to attend at the open-
ing session, the said Court at said session, shall direct the Clerk to
legibly write upon ballots the names of said jurors, and after care-
fully 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 therefrom, with the foreman previously appointed, shall con-
stitute the Grand Jury and the remaining names shall constitute the
Petit Jury for the first week of said term. If for any reason any per-
son 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 disquali-
fied or excused for cause the Court shall forthwith proceed to fill such
vacancy or vacancies from the aforesaid remaining names of those
who are present in the order in which the names were drawn from
the box and may thereupon in its discretion fill such vacancy or
vacancies thus made in the Petit Jury by drawing from the jury box
other names in the place and stead of those originally drawn and
who may be disqualified, excused or absent.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1959.

Approved April 28, 1959.