JURIES. 1887

failure to perform the duty hereby imposed the said clerk to said com-
missioners shall forfeit and pay a fine to the State of not less than five
hundred dollars nor more than one thousand dollars in the discretion of
the court to be recovered by indictment as for a misdemeanor, and he shall
be thenceforth wholly incapable of holding or exercising the duties of the
said clerk to the county commissioners. Special local laws exist for Caro-
line, Somerset, Worcester, Anne Arundel, St. Mary's, Queen Anne's and
Talbot counties.

In light of secs. 4 and 7, and since list provided for in this section is a list of
male taxable inhabitants or residents of the county only, poll books are given as
an alternative or additional source from which jurors may be obtained. A list in
possession of a judge held to be the kind of list set out in this section as a proper
source from which names are to be selected. Hollars v. State, 125 Md. 373.

Only a substantial compliance with the law relative to drawing of jurors is re-
quired, although such law is mandatory. A non-jury term is a " regular term " and
a congressional and presidential election is a " general election," within the meaning
of this section. Where the names are taken from a list which is identical with one
provided by law, the jury is not invalidated. Downs v. State, 78 Md. 130.

An objection to qualification of grand jurors or to the mode of summoning or
impanelling them, must be made by motion to quash or plea in abatement. Although
there may be technical objections to. latter, proceedings will not be set aside unless
they have prejudiced accused. Pontier v. State, 107 Md. 387.

As to necessity that accused shall have been prejudiced, see also State v. Keating,
85 Md. 198; Mills v. State, 76 Md. 281; State v. Glascow, 59 Md. 211; Hollars v.
State, 125 Md. 373.

Duty imposed on clerk of commissioners to make out list of male taxables not
known to be under 25, is directory only. Green v. State, 59- Md. 124.

Selection of jurors is not essentially a judicial function, and hence an act is con-
stitutional which authorizes Governor to appoint a jury commission. State v.
McNay, 100 Md. 626.

For a case apparently now inapplicable to this section, by reason of changes in
the law, see Cooper v. State, 64 Md. 45.

Cited but not construed in State v. Denton, 74 Md. 520.

See notes to sec. 11.

An. Code, sec. 7. 1904, sec. 7. 1888, sec. 7. 1867, ch. 329. 1868, ch. 316. 1870, ch 96

1870, ch. 220. 1870, ch. 331. 1876, ch. 353. 1878, ch. 369. 1888, ch. 432. 1890, ch. 28.

1890, ch. 627. 1892, ch. 182. 1896, ch. 329. 1900, chs. 121, 374, 451, 618.

1902, ch. 105. 1904, ch. 184.

7. It shall be the duty of the judges of the circuit courts for each of
the counties, not less than fifteen days before the commencement of each
term of the court at which jurors are required to attend, in the presence
of such practising members of the bar of said court as shall think proper
to attend, notice of the time and place having been first given to said bar
through the criers of said courts, to proceed to select from the lists last fur-
nished by the clerks of the county commissioners provided for in the pre-
ceding section and from the poll-books of the several election districts of
said counties that shall be returned and filed in the clerk's office of said
courts after any general election that may be last held previously to such
selection, a panel to consist of the names of two hundred persons in the
several counties of Baltimore, Washington, Montgomery, Carroll, Fred-
erick, Prince George's, Harford, Cecil, Dorchester and Wicomico, and of
one hundred and fifty persons in the several counties of Charles, Calvert,
Kent and Talbot, to be fairly and impartially selected of the age aforesaid
by the said judges, with special reference to the intelligence, sobriety and