2062                             LAWS OF MARYLAND                        [CH. 891

certifying to the list, shall cause the names on the list to be numbered,
commencing with the first name thereon, numbering upwards con-
secutively, and then, instead of requiring the names on the selected
list to be written on ballots and placed in and drawn from the box,
the said judge or judges drawing the jury, in his or their discretion,
and option and in lieu of such written ballots, may cause the clerk
of the circuit court for the county wherein they are to be used to
provide a number of white marbles or balls, each of the same size
and plainly marked with numbers from one consecutively upwards
to the highest number on the selected list of names certified to by
said judge or judges, which said marbles or balls shall be placed in
the box from which drawings are made in the case where ballots
are used; where the drawings are made by districts, the marbles
or balls shall be deposited in the district compartments in such way
that their numbers shall correspond, in each district, with the names
on the judge's or judges' selected list and the numbers thereof; the
said judge, or judges, shall then cause the clerk of the circuit court
for the county in which the drawing is being made, or one of his
deputies whom the said judge or judges, shall designate, neither
the one nor the other who may be so required to act to be present
at the selection of the said list of names or the numbering of the
same, to appear before him or them, and then and there in the
presence of the said judge or judges, and such other persons as may
choose to attend, to draw from the box in which the balls are placed,
in the same order and way that ballots would be drawn, without
in any way looking into said box, one by one until the number of
jurors deemed necessary by the judges for the ensuing term of
court has been drawn, and as each marble or ball is drawn from the
box it shall be handed to the judge or judges, who shall announce
the number thereon and the name on the said selected and certified
list whose number corresponds therewith; and the names cor-
responding by numbers to the numbers on the marbles or balls so
drawn and the said numbers, shall be duly recorded in the presence
of the said judge or judges, who shall forthwith order a venire
facias for the persons whose names have been so drawn. The marbles
or balls drawn shall be sealed up safely, and preserved by the clerk;
the marbles or balls that were not drawn shall remain in the box,
or boxes, wherein they were deposited, which shall be locked or
sealed, to be used in filling vacancies that may occur in the jury,
in the same way they might be filled if the drawing had been made
by ballots. The intent and meaning of this Section is not to supersede
or repeal the laws now regulating the drawing of juries by ballot,
but simply to provide another way of drawing them, leaving the
judges in said Judicial Circuit free to use either the ballot system or
the marble or ball system as may be most convenient and satis-
factory to the judge or judges drawing a jury.

12A. In the First Judicial Circuit, of the jurors drawn and
summoned in accordance with Sections 9A and 10A hereof, the court
at the beginning of the term for which they were drawn and sum-
moned shall select and appoint one as foreman of the grand jury
and twenty-two others as members of the grand jury, and the re-
maining names shall constitute the petit jury or juries for said
term of court; whenever a vacancy shall occur in the position of
foreman of the grand jury, either temporary or permanent, by death,
absence, sickness or any other cause, the Court shall have power to
appoint some other member of the grand jury foreman as often as