Blacks Law Dict. 1st ed

TRIAL BY PROVISO

1188

TRESPASS VI ET ARMIS

the court in which the action is brought. Brown. See 2 Tidd, Pr. 747; Steph. PI. 84. TRIAL AT NISI PRIUS. In practice. The ordinary kind of trial which takes place at the sittings, assizes, or circuit, before a sin gle judge. 2 Tidd, Pr. 751, 819. TRIAL BY CERTIFICATE. A form of trial allowed in cases where the evidence of the person certifying was the only proper criterion of the point in dispute. Under such circumstances, the issue might be de termined by the certificate alone, because, if sent to a jury, it would be conclusive upon them, and therefore their intervention was unnecessary. Tomlins. TRIAL BY GRAND ASSIZE is a pe culiar mode of trial allowed in writs of right. See ASSIZE; GRAND ASSIZE. TRIAL BY INSPECTION OR EX AMINATION is a form of trial in which the judges of the couit, upon the testimony of their own senses, decide the point in dis pute. TRIAL BY JURY. A trial in which the issues of fact are to be determined by the verdict of a jury of twelve men, duly selected, impaneled, and sworn. The terms "jury" and "trial by jury" are, and for ages have been, well known in the language of the law. They were used at the adoption of the constitution, and always, it is believed, before that time, and almost always since, in a single sense. A jury for the trial of a cause was a body of twelve men, described as upright, well-qualified, and law ful men, disinterested and impartial, not of kin nor personal dependents of either of the parties, having their homes within the jurisdictional lim its of the court, drawn and selected by officers free from all bias in favor of or against either party, duly impaneled under the direction of a competent court, sworn to render a true verdict according to the law and the evidence given them, who, after hearing the parties and their evidence, and receiving the instructions of the court relative to the law involved in the trial, and deliberating, when necessary, apart from all extraneous influ ences, must return their unanimous verdict upon the issue submitted to them. All the books of the law describe a trial jury substantially as we have stated it; and a "trial by jury" is a trial by such a body so constituted and conducted. 11 Nev. 60. TRIAL BY PROVISO. A proceeding allowed where the plaintiff in an action de sists trom prosecuting his suit, and does not bring it to trial in convenient time. The defendant, in such case, may take out the venire facias to the sheriff, containing these words, "provih> quod," etc., i. «., provided that. If plaintiff take out any writ to that purpose, the sheriff shall summon but one

TRESPASS VI ET ARMIS. with force and arms. The common-law ac tion for damages for any injury committed by the defendant with direct and immediate force or violence against the plaintiff or his property. TRESPASSER. One who has committed trespass; one who unlawfully enters or in trudes upon another's land, or unlawfully and forcibly takes another's personal proper ty. TRESPASSER AB INITIO. Trespass er from the beginning. A term applied to a tort-feasor whose acts relate back so as to make a previous act, at the time innocent, unlawful; as, if he enter peaceably, and sub sequently commit a breach of the peace, his entry is considered a trespass. Stim. Gloss. TRESTORNARE. In old English law. To turn aside; to divert a stream from its course. Bract, fols. 115, 2346. To turn or alter the course of a road. Cowell. TRESVIRI. Lat. In Roman law. Offi cers who had the charge of prisons, and the execution of condemned criminals. Calvin. TRET. An allowance made for the water or dust that may be mixed with any commod ity. It differs irom tare, (g. v.) TRETHINGA. In old English law. A trithing; the court of a trithing. TREYT. Withdrawn, as a juror. Writ ten also treat. Cowell. TRIA CAPITA, in Roman law, were civitas, libertas, and familia; i. e. t citizen ship, freedom, and family rights. TRIAL. The examination before a com petent tribunal, according to the law of the land, of the facts or law put in issue in a cause, for the purpose of determining such is sue. 32 Cal. 267; 4 Mason, 232; 39 Ind. 1. A trial is the judicial examination of the issues between the parties, whether they be issues of law or of fact. Code N. Y. § 252; Code N. C. § 397. The examination of a cause, civil or crim inal, before a judge who has jurisdiction over it, according to the laws of the land, 1 Inst. 124. TRIAL AT BAR. A species of trial now seldom resorted to, excepting in cases where the matter in dispute is one of great importance and difficulty. It is a trial which takes place before all the judges at the bar of

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