J. MILLARD TAWES, Governor                        39

CHAPTER 15
(Senate Bill 28)

AN ACT to repeal and re-enact, with amendments, Section 12 of
Article 51 of the Annotated Code of Maryland (1965 Supplement),
title "Juries", subtitle "Qualification and Selection of Jurors",
correcting an error in certain laws relating to grand and petit
juries in this State.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 12 of Article 51 of the Annotated Code of Maryland
(1965 Supplement), title "Juries", subtitle "Qualification and Selec-
tion of Jurors", be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

12. Of the forty-eight jurors drawn and summoned, 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
(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 shall direct the clerk of said court to legibly write upon
ballots the names of the remaining jurors, and after carefully fold-
ing 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 with-
out 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 Harford, Montgomery
and Washington counties the remaining number of names) shall
constitute 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 appoint-
ment shall occur. If for any reason any person or persons drawn as
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 evidence
thus made in the petit jury by drawing the necessary number of
additional names therefor in manner provided by Section 10 of this
article. In Charles, St. Mary's and Prince George's counties the
"pellet system" set out in Section 10 (f) and Section 10 (g) shall be
used in the selection of grand and petit jurors. In Calvert County the
system of marbles, balls or pellets, as set out in Section 10 (a-1) shall
be used in the selection of grand juries and petit juries. This section
is modified as to Allegany County, Dorchester, Wicomico, Somerset
and Worcester [County] counties. This section shall not apply to
Baltimore, Cecil, Caroline, Kent, Queen Anne's and Talbot counties,
as to which special provision is made by the local law therefor, nor
to Charles or St. Mary's counties for which provision is made in
Section 10 (f) of this article, nor to Prince George's County for
which provision is made in Section 10 (g) of this article.