614 LAWS OF MARYLAND [CH. 376
commanding them to summon as jurors to attend at the next ensuing
terms of said courts the several persons whose names may be drawn
as aforesaid; if any such persons whose names are so drawn and
embraced in said venire facias should be dead, sick or otherwise un-
able to attend, or should be absent and therefor not be found, it
shall be the duty of said sheriff forthwith to return to fact of said
death, disability or absence, and said judges shall thereupon cause
to be drawn from said box in the manner hereinbefore directed other
names in the place and stead of the original who may be dead,
disabled or absent, and shall cause the name or names of such person
or persons so as last aforesaid drawn to be inserted in said venire
facias to be summoned as aforesaid, 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 the opening of its session. This
section shall not apply to Baltimore or Prince George's County, nor
to Dorchester, Wicomico, Anne Arundel, St. Mary's [Caroline,]
Somerset, Worcester, Garrett, Allegany, [Queen Anne's, Talbot,] or
other counties, as to which special provision is made by the local law
therefor.
10.
(h) In Caroline, Kent, Queen Anne's and Talbot Counties jurors
shall be selected in the manner provided in the respective local laws
thereof.
12.
Of the forty-eight jurors drawn and summoned, the court at the
beginning of the term for which they were drawn and summoned
shall select and appoint one as foreman of the grand jury (except
that in Montgomery County the foreman shall be selected from the
original panel of five hundred names, with his name being included
among the jurors drawn and summoned and in Washington County
the foreman shall be selected from the list of names presently being
used as a panel in said county, as provided in Section 9 of this article,
and in Charles County the foreman shall be selected from its
original panel of names presently being used in said county), and
shall direct the clerk of said court to legibly write upon ballots
the names of the remaining forty-seven jurors, and after carefully
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,
with the foreman previously appointed, shall constitute the grand
jury, and the remaining twenty-five names (or, in Montgomery and
Washington counties the remaining number of names) shall con-
stitute the petit jury 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 the necessity for such ap-
pointment shall occur. If for any reason any person 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 disqualified or excused
for cause the court shall forthwith proceed to fill such vacancies
from the aforesaid remaining number of twenty-five 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
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