2240

LAWS OF MARYLAND

Ch. 348

names from the fourth councilmanic district in number four; the
names from the fifth councilmanic district in number five; the
names from the sixth councilmanic district in number six; and,
the names from the seventh councilmanic district in number seven;
and after so depositing such ballots, the box shall be closed,
and the judge or judges shall cause the clerk of the circuit
court, or one of his deputies, whom the judge or judges shall
designate then and there in the presence of the judge or judges,
and such other persons as may choose to be present, to draw,
without looking into the same, from the box one hundred and
twenty-two as follows: Fifteen names from compartment number one;
seventeen from number two; twenty-one from number three;
twenty-one from number four; twenty-one from number five;
eighteen from number six and nine from number seven; provided,
that after the foreman has been selected the district of his
residence shall be carefully noted, and at the drawing one less
name than above provided shall be drawn from the compartment
representing the district in which he resides and the names
appearing on the ballots so drawn shall be recorded by the clerk
of the court, or one of his deputies, in the presence of the
judge or judges in the order drawn; and thereupon the judge or
judges shall forthwith order a venire facias directed to the
sheriff of the county commanding him to summon as jurors, to
attend at the next ensuing term of the court, on the first day
thereof, the several persons whose names may be drawn as
aforesaid, and also the foreman selected as aforesaid; and if any
of the persons so drawn and embraced in the venire facias should
be dead, sick or otherwise unable to attend, or should 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 judge or judges, who shall thereupon cause to be
drawn from the compartment or drawer from which the name of the
person so dead, sick, returned non est or excused by the judge or
judges was drawn, another name to take the place of such person
so dead, sick, returned non est or excused, and shall cause the
name or names last as aforesaid drawn to be inserted in the
venire facias to be summoned as aforesaid; provided, that should
the person selected as foreman of the grand jury die, be returned
non est or be excused on account of sickness or for any other
cause, the judge or judges may select or appoint another person
from the names remaining on the original list provided for in
this section, and the court, at the beginning of the term for
which the persons were drawn and summoned, shall direct the clerk
of the court, or one of his deputies, to legibly write upon the
ballots the names of the one hundred and twenty-two jurors, and
after carefully folding the ballots separately, to place them in
a box, with a sliding top, and the clerk shall draw the ballots
therefrom, one at a time, without looking into the box, and the
first twenty-two names drawn, with the foreman previously
appointed, shall constitute the grand jury, and the next
twenty-two names drawn shall constitute the first jury panel and
the remaining seventy-five names shall be thrice divided into
groups of twenty-five names constituting panels two, three and
four, for the term of court, and the name of no person
disqualified if drawn shall invalidate the selection or drawing,