When a jury is to be drawn, the clerk of the court shall bring said box into open court, and draw therefrom such names, one at a time, as may be needed to impanel the jury, and the parties or their attorneys may be present. Any person whose name is drawn may be compelled to appear by subpoena, or the justice or judge may in his discretion communicate with such person by telephone or in any other manner, or cause such person to be so communicated with. If in the discretion of the judge or justice before whom such trial is held, any person whose name is drawn cannot be reached or brought into court with sufficient promptness or within a reasonable time, he may order such name passed and another drawn: Provided, however, That no person shall be adjudged guilty of contempt of court for failure or refusal to appear as a juror under the provisions of this act unless he has been duly served with a subpoena to appear signed by the judge or justice.