Trial

The examination before a competent tribunal, according to the law of the land, of the facte pu^ in issue in a cause for the purpose of dd»rmining such issue.

4 Masdn (U. S.) 282.

Thts methods of Mai at ennmon law were: (1) By certificate, where the evidence of the person certifying is the only proper oriterldn of the point u dispute. S BL Ck>mm. 833. senses decide the point in dispute. (3) By witnesses, without the intervention of a jury (3 BI. Comm. 336). (4) By jury, which is that form of trial in which the facts are determined by twelve men impartially selected from the body of the county. See "Jury." (5) By the record, where an issue oi nul tiel record is joined in any action. (6) By grand assize, a peculiar method of trial allowed in writs of right. See "Grand Assize." (7) By wager of battel, which, in the old English law, was a barbarous mode of trying facts, among a rude people, founded on the supposition that heaven would always ■ interpose and give the victory to the champions of truth and innocence. This mode of trial was abolished in England as late as St. 69 Geo. III. c.

46, A. D. 1818.

It never was in force in the United States.

See 3 Bl. Comm. 337; 1 Hale, Hist. Com. Law, 188.

See a modern case, 1 Barn. & Aid. 405. (8) By wager of law, which mode of trial has fallen into complete disuse; but, in point of law, it seems in England to be still competent in most cases to which it anciently applied. The most important and best-established of these cases is the issue of nil debet, arising in action of debt on simple contract, or the issue of non detinet, in an action of detinue. In the declaration in these actions, as in almost all others, the plaintiff concludes by offering his suit (of which the ancient meaning was followers or witnesses, though the words are now retained as mere form) to prove the truth of his claim. On the other hand, if the defendant, by a plea of nil debet or non detinet, deny the debt or detention, he may conclude by offering to establish the truth of such plea "against the plaintiff and his suit, in such manner as the court shall direct." Upon this, the court awards the wager of law (Co. Entr. 119a; Lilly, Entr. 467; 3 Chit. PI. 479), and the form of this proceeding, when so awarded is that the defendant brings into court with him eleven of his neighbors, and for himself makes oath that he does not owe the debt or detain the property.