practice. Persons appointed according to law to try
whether a person challenged to the favor is or is not qualified to serve on the
jury. They do not exceed two in number without the consent of the prosecutor
and defendant, or some special case is alleged by one of them, or when only one
juror has been sworn and two triors are appointed with him. Co. Litt. 158 a;
Bac. Ab. Juries, E 12.
2. Where the challenge is made to the first juror, the court will
appoint two indifferent persons to be triors if they find him indifferent he
shall be sworn, and join the triors in determining the next challenge. But when
two jurors have been found impartial and have been sworn, then the office of
the triors will cease, and every subsequent challenge will be decided upon by
the jurymen. If more than two, jurymen have been sworn, the court may assign
any two of them to determine the challenges. To the triors thus chosen no
challenges can be admitted.
3. The following oath or affirmation is administered to them: "You shall
well and truly try whether A B, the juror challenged, stands indifferent
between the parties to this issue, so help you God" or to this you affirm. The
trial then proceeds by witnesses before them; and they may examine, the juryman
challenged on his voire dire, but he cannot be interrogated as to circumstances
which may tend to his own disgrace, discredit, or the injury of his character.
The finding of the triors is final. Being officers of the court, the triors may
be punished for any mishehaviour in their office. Vide 2 Hale, 275; 4 Bl. Com.
by Chitty, 353, n. 8; Tr. per Pais, 200; 1 Chit. Cr. Law, 549, 450; 4 Harg. St.
Tr. 740, 750; 15 Serg. & Rawle, 156; 21 Wend. 509; 2 Green, 195.
Source: Bouviers Law Dictionary 1856 Edition