ARTICLE LI.

JURIES.

Qualification and Selection of

Jurors.

erick, Montgomery and Carroll counties.

8. Drawing and summons. Special 10. Grand jury and petit jury. Prince provisions for Baltimore, FredGeorge's county excepted.

Qualification and Selection of Jurors.

1890, ch. 533. 1894, ch. 299. 1896, ch. 155, 1898, ch. 376.

8. When said list of names selected as directed in the preceding section is made and certified as therein provided for, immediately thereupon the said judges of the said respective courts in the presence of the members of the bar as aforesaid, and such other persons as may think proper to be present, shall cause all the names selected and placed on the list as aforesaid, to be legibly written upon ballots, which shall be of equal size and of the same color and appearance, and shall be closely rolled or folded, and in each of the counties except Baltimore, Frederick, Montgomery and Carroll counties, placed by the said judges with their own hands, before the drawings herein provided for, into a cubiform box with a sliding top, of the square of eight inches, to be procured for that purpose by the clerk of said court, under the direction of the said judges; and after so depositing said ballots, the said box shall be closed, and the said judges shall then cause the clerk or one of his deputies, whom the said judges shall designate, (neither the one nor the other who may be so required to act, to be present at the writing, rolling or folding and depositing said ballots into the box as herein directed,) to appear before them, and then and there, in the presence of the said judges and such other persons as may choose to be present, after well and thoroughly shaking said box so that the ballots be well mixed, to draw from said box through such opening made by removing the sliding top thereof as will only conveniently admit the hand and without in any manner looking into said box, one by one forty-eight of said ballots and the names appearing on said ballots as drawn shall be duly recorded by said judges or by the clerk in their presence and under their direction, in the order in which they shall be drawn.

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In Baltimore county a box shall be procured as aforesaid, of the form aforesaid and of sufficient size, and said box shall be divided into fifteen compartments, which shall be numbered to correspond with the districts of the said county, and the names of the persons selected as aforesaid shall be placed by the said judges in the said compartments of the said box, respectively, which bear the numbers of the district where the persons so selected, respectively reside, and there shall be then drawn, in the manner herein before provided for the other counties, five names from compartment number one, three from number two, five from number three, three from number four, two from number five, three from number six, three from number seven, five from number eight, six from number nine, two from number ten, three from number cleven, two from number twelve, two from number thirteen, two from number fourteen and two from number fifteen.

In Frederick county, there shall be procured by the clerk of the circuit court, a jury box of convenient size, which shall be divided into as many compartments as there may from time to time be election districts in said county, and which compartments shall be numbered to correspond with the districts of the county, and the names of the persons selected by the judges of the circuit court for said county, in the manner prescribed in this article, shall be placed by said judges in said compartments of said box, respectively, which bear the numbers of the districts where the persons so selected, respectively reside; and it shall be the duty of said judges, when selecting the panel of two hundred persons, as provided for in section seven of this article, to select twenty-five of said names from election district number two, and the remaining one hundred and seventy five names from the remaining election districts of the county equally as nearly as possible, and there shall then be drawn in the manner provided in this article for the other counties, nine names from compartment number two, and the other thirty-nine names necessary to make up the full number of forty-eight, shall then be drawn from the remaining compartments, so that at least one, and not more than two names shall be drawn from each of said other compartments,

the said judges designating from which of said compartments, but one name shall be drawn; provided, that in drawing the jurors for the December term of the circuit court for said county, the twenty-five names required, shall be taken from those remaining in the box, after the drawing of the preceding August term, five to be drawn from the compartment number two, and one from each of the other compartments, so long as there are twenty-one election districts in said county, and whenever the number of election districts in said county shall exceed twenty-one, then five names shall be drawn from said compartment number two, and the remaining twenty shall be made up by drawing one from each of twenty other districts, to be designated by said judges; and no name which may be so drawn to serve as a regular juror in Frederick County at any term of court, shall be replaced in said box for the period of two years thereafter.

In Montgomery county, a box, of the form aforesaid, shall be procured, as aforesaid, and of convenient size, and said box shall be divided into as many compartments as there may be election districts in said county, which shall be numbered to correspond with the election districts in said county, and the names of the persons selected as aforesaid shall be placed by the said judges in the said compartments of said box, respectively, which bear the numbers of election districts where the persons so selected respectively reside, and there shall then be drawn in the manner herein before provided for the other counties, three names from compartment number one, three from number two, four from number three, six from number four, four from number five, three from number six, three from number seven, four from number eight, four from number nine, three from number ten, three from number eleven, three from number twelve and five from number thirteen.

In Carroll county, a box, of the form aforesaid, shall be procured as aforesaid, and of convenient size, and said box shall be divided into as many compartments as there may be election districts in said county, which shall be numbered, respectively, to correspond with the election districts in said county, and the names of the persons selected, as aforesaid, shall be placed by

the said judges in the said compartments of the said box, respectively, which bear the numbers of the district where persons so selected, respectively reside; and it shall be the duty of the judges of the circuit court for Carroll county, when selecting the panel of two hundred persons, as provided for in the preceding section of this article, to select sixteen of said names from election district number one, sixteen from the second election district, twelve from the third election district, nineteen from the fourth election district, twenty-three from the fifth election district, twenty two from the sixth election district, thirty-six from the seventh election district, thirteen from the eighth election district, eight from the ninth election district, eight from the tenth election district, twelve from the eleventh election district, eight from the twelfth election district, and seven from the thirteenth district; and there shall then be drawn in the manner herein before provided for the other counties, four names from compartment number one, four from number two, three from number three, four from number four, five from number five, five from number six, nine from number seven, three from number eight, two from number nine, two from number ten, three from number eleven, two from number twelve, and two from number thirteen; provided, that in drawing the jurors for the February term of the circuit court for said county, the twenty-five names required shall be taken from those remaining in the box after the drawing for the preceding November term, two to be drawn from compartment number one, two from number two, two from number three, two from number four, two from number five, three from number six, four from number seven, two from number eight, one from number nine, one from number ten, two from number eleven, one from number twelve and one from number thirteen; if from any cause the number of names remaining in said compartments after the drawing for the November term of said court be less than one hundred in the aggregate, then in that event the judge or judges of said court shall, before the drawing for the February term of said court, place in said compartment in proper proportion a sufficient number of names as aforesaid to make the aggregate number one hundred.

And the said names so drawn in Baltimore, Frederick, Montgomery and Carroll counties shall be recorded, as herein before directed for the other counties, and thereupon the said judges shall forthwith order a venire facias, directed to the sheriffs of said counties, respectively, commanding them to summon as jurors to attend at the next ensuing term 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 unable to attend, or should be absent, and therefore not be found, it shall be the duty of said sheriff forthwith to return the fact of such death, disability or absence, and the 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 person 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 Prince George's county, nor to Dorchester, Wicomico or other counties, as to which special provision is made by the local law thereof.

Mills v. State, 76 Md. 280.

1890, ch. 62. 1892, ch. 153.

10. 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 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 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,