XVIINumber of Jurors to be returned by Sheriffs, and how to be chosen for Trials.
And be it enacted, That in all Criminal Trials by Jury, the Number of Jurors to be returned by the Sheriffs and Stewarts to the Criminal Court shall be Forty-five, unless otherwise directed, as herein mentioned ; and the Jurors for the Trial of any Case shall be chosen in open Court, by Ballot from the Lists of Persons summoned, and served upon the Accused; and for that Purpose the Clerk of Court shall cause the Name and Designation of each Juror to be written on a separate Piece of Paper or Parchment, all the Pieces being of the same Size, and shall cause the Pieces to be rolled up, as nearly as may be, in the same Shape, and the Names of the Special Jurors shall be put together into one Box or Glass, and the Remainder into another, and being respectively mixed, the Clerk shall draw out the said Pieces of Parchment or Paper One by One from both Boxes or Glasses, in the Proportion of One from the Box containing the Names of the Special Jurors and Two from the other Box; and if any of the Persons whose Names shall be so drawn shall not appear, or shall be challenged, with or without Cause assigned, and set aside, then such farther Number shall be drawn until the Number required for the Trial shall be made out ; and the Persons so drawn and appearing, and being sworn, shall be the Jury to try the Accused, and their Names shall be taken down and recorded in the Minute Book kept by the Clerk ; but providing that when Challenges are made and Jurors set aside, their Places shall be filled up with other Names, by drawing by Ballot as aforesaid from the Box or Glass containing the Description of Jurors challenged respectively: Provided that where the Accused is a Landed Man, and a Return of Jurors made accordingly, a Majority of the Jury for Trial shall be taken by Ballot from the List of Landed Men returned by the Sheriff, as herein directed, and the Remainder from the List of Jurors not Special, subject always to Challenge as aforesaid.