Judge of the

court to have charge of the ballot box.

4. Immediately after each drawing for jurors as directed in the 1867, c. 329, s. 4. preceding section and for talesmen as hereinafter directed and without suffering the said ballots remaining in said box to be taken out, or in any manner removed therefrom, or inspected, or examined, or the said box to be looked into or removed from his presence by any person whatever, the said judge of the said respective courts shall close said box and either lock or seal the same securely, and keeping the key or seal thereof himself, shall deposit the said box containing the remaining ballots with the clerk of the said court to be by him safely kept, free from any handling or interference by any person whatever, unless it be in the presence of the said judge, and by his direction, and then only in the manner herein directed; and if for the trial of any cause or causes, whether civil or criminal in the said Circuit Court, a talesman or talesmen be required, the Talesmen. judge of the said court may order the sheriff to summon such talesman or talesmen either from a list of names that shall be drawn from the said box containing the said ballots in the mode and manner as directed by section three hereof and furnished to the said sheriff; or from the community at large as heretofore practiced.

1878, c. 369.

the grand and

petit jurors.

5. Of the forty-eight jurors drawn and summoned, the court, at 1870, c. 331; the beginning of the term for which they were drawn and sum- who shall be moned, shall select and appoint one who shall be the 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 twentytwo 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 said court. This section shall not apply to Prince George's county.

Disqualified or

sons not to be

placed on list.

6. The name of no person disqualified or exempted by law from 1870, c. 410, s. 6. serving as a juror, or who by law the sheriff is forbidden to summon exempted peras such, shall be selected and placed upon the panel or list, from which the drawing is to be made as directed by this act; nor shall any person be drawn and summoned to two courts successively, but the selection or drawing of any person disqualified as a juror under this act, shall not invalidate the drawing or selection, but such error may be corrected by drawing another person from the box in place of the person improperly selected or drawn ; and the said court shall have full power and authority to coerce the attendance of jurors drawn and summoned under this act, and to punish by fine or imprisonment, or both, for any default or contempt committed in disregarding such summons.

Ballot box to be emptied.

7. Before the drawing of any new panel of jurors from the tax- 1867, c. 329, s. 7. lists and poll books as provided in sections one and two hereof, it shall be the duty of the said courts to have the box in which the

names of jurors have been deposited to be emptied of any and all the ballots therein remaining.

Art. 50, s. 1. 1797, c. 87, s. 5.

Of what age to

be,

33 Md. 307;

9 G. & J. 197;

QUALIFICATION AND EXEMPTION OF JURORS.

8. No person shall be selected or placed on the list or panel as a

1 H. & McH. 10. juror who may not have arrived at the age of twenty-five years.

Id. s. 2.

1832, c. 170.

No judge of
Orphaus' Court.

Id. s. 3.

1715, c. 37, s. 4; 1797, c. 87, s. 7; 1858, c. 139. Who exempt.

33 Md. 307. Id. s. 6.

1715, c. 37, s. 9;

matter for trial.

9. No judge of the Orphans' Court shall be selected to serve as a juror in any case whatever.

10. All persons over seventy years of age, and all delegates, coroners, schoolmasters, and constables, during their continuance in office, shall be exempt from serving as jurors.

11. No person shall be selected as a juror in any court where it is known that such person hath any matter of fact depending for 1778, c. 21, ss. 23. trial at the same court, and no person having such matter of fact No person to be selected having depending for trial shall be admitted as a qualified juror between party and party during the sitting of the court in which such matter of fact shall be or expected to be tried; and such disqualification shall be allowed as a good cause of challenge of any juror, but no verdict of a jury shall therefor be set aside, or judgment thereon stayed, arrested, or reversed.

Good cause of challenge.

Art. 50, s. 9.

1797, c. 87, s. 9. How struck in civil cases.

6 G. & J. 447; 8 Gill. 90.

Art. 50, s. 10. 1797, c. 87, s. 9.

refuse to strike out from list.

JURIES IN CIVIL CASES.

12. In all civil cases called for trial in any court in which a jury shall be necessary according to the Constitution and laws of this State, twenty persons from the panel of petit jurors shall be drawn by ballot by the clerk under the direction of the court, and the names of the twenty persons' shall be written upon two lists, and one of said lists forthwith delivered to the respective parties or their counsel in the cause, and the said parties or their counsel may each strike out four persons from the said lists, and the remaining twelve persons shall thereupon be immediately impanelled and sworn as the petit jury in such cause.

13. If the said parties or their counsel, or either of them, shall Where parties neglect or refuse to strike out from the said lists the number of persons directed in the preceding section, the court may direct the clerk to strike out from the list of the party so neglecting or refusing the number in said section directed, and the remaining twelve persons shall be impanelled and sworn as aforesaid; but this and the preceding section shall not take away the right of any person to challenge the array or polls of any panel returned in the manner allowed by the laws of this State, or in any manner to change the law in relation to petitions for freedom.

Art. 50, s. 12. 1798, c. 94.

14. If the parties or their counsel agree, the drawing of a panel Where parties of twenty jurors in any cause may be dispensed with.

agree.

TALESMAN.

1795, c. 94. to be sum

15. The several courts of this State shall at all times have power Id. s. 11. to direct talesmen to be summoned to serve on juries, where without when talesmen such talesmen there would not be twenty of the original panel, ex- moned. clusive of the jury charged, from whom a jury can be formed; or may direct such talesmen to be summoned whenever by challenging or otherwise a sufficient number of jurors cannot be had to try the case, either civil or criminal.

CRIMINAL CASES.

16. The provisions of the four last preceding sections shall apply to all criminal cases where the right of peremptory challenge is not allowed, and the State's attorney for the county or city, or the torney prosecuting for the State, shall strike for the State.

at

17. Any alien, denizen, or foreigner who may be indicted for any offence committed within this State, shall be tried by a jury of the county in the same manner as the citizens thereof, and there shall be no challenge either to the array or the polls for the want of foreigners on the panel or jury that may be selected.

Peremptory

18. The right of peremptory challenge shall be allowed to any 1872, c. 40. person who shall be tried on presentment or indictment for any challenge in crime or misdemeanor, the punishment whereof, by law, is death or criminal cases. confinement in the penitentiary, and to the State on the trial of such indictment; but the accused shall not challenge more than twenty, nor the State more than four jurors, without assigning cause.

PAY AND MILEAGE.

Pay and mileage of jurors.

19. Jurors shall receive two dollars and a half per day, for each 1865, c. 78. and every day they shall attend the several courts of this State as jurors, and fifteen cents for each mile over five miles, for going to and returning from the court once in each term, to be paid by the counties or city respectively in which such courts are held.

FORCIBLE ENTRY AND DETAINER.

Art. 50, s. 17.

1832, c. 121, s. 1.

Pay in cases of and detainer.

forcible entry

20. In all cases of forcible entry and detainer which jurors shall be summoned to try, each juror shall be entitled to the sum of one dollar for his services per day, to be taxed in the costs by the justices, and any juror who being summoned shall fail to attend on a case of forcible entry and detainer, shall be liable to attachment Attachment and fine, in the discretion of the justices to whom the summons is returned, not exceeding ten dollars.

GRAND JURY TO VISIT JAIL.

21. The grand jury shall at each term of the court visit jail and inquire into its condition, the manner in which it is and the treatment of the prisoners, and report the same to

court.

and fine.

Art. 88, s. 44.

c. 450; 1870, c. 220, s. 3. Failure of

SUMMONING JURORS.

22. If the sheriff shall fail to summon such persons as jurors as 1213, C. 378.1; is required by law, to attend the courts of this State, such failure shall be deemed a contempt of court, and he shall be punished for sheriff to sum such contempt by the court, by fine or imprisonment, the fine not to exceed five hundred dollars, or the imprisonment twenty days. 23. He shall not permit any deputy to summon any person as a 1838, c. 275, s. 2. juror without his direction in writing, specifying the name of the person to be summoned.

mon jurors, how punished.

Id. s. 45.

1797, c. 87, s. 7;

How summoned by deputy.

1. The costs and expenses incident to the trial of actions, issues, and presentments, removed from one county to another, which are properly chargeable to the county, shall be borne and paid by the county from which the same are removed.

2. The clerks of the several courts to which such cases may be removed shall make and keep a full and accurate account of the said costs and expenses, and shall certify and return the same as well to the county commissioners of the county where said cases originated as to the county commissioners of the county where the same were tried, setting forth in said return the names of the several parties to whom said costs and expenses are due, the several amounts thereof, and in what county said parties respectively reside.

1854, c. 269, s. 3.

3. So much of the said costs and expenses as are due to persons Id. s. 3. resident in the county where said cases are tried or removed to, What costs first shall first be paid by that county, in the same manner as similar costs and expenses in cases originating in said county.

paid.