Triors

practice. Persons appointed according to law to try whether a person challenged to the favour 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 apwith him.

Co. Litt. 158 a; Sal ac. Ab. Juries, E 12.

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 jurers 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. The following oath or affirmation is administered to them: *¢ You shall well and truly try whether A B, (the juror challenged) stand 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 votre dire, but he cannot be interrogated as to the circumstances which may tend to his own disgrace, discredit, or the injury of hischaracter. ‘The finding of the triors is final. Being officers of the court, the triors may be punished for any misbehaviour in their office.

200; 1 Chit. Cr. Law, 549, 550; 4 Harg. St. Tr. 740, 750; 15 Serg. & Rawle, 156.