KFLCC Kingdom Law 2nd Ed.

1172

TRET

TRIAL

tators may keep his triers keenly alive to a sense of their responsibility and to the importance of their functions; and the requirement is fairly observed if, without partiality or favoritism, a reasonable proportion of the public is suffered to attend, notwithstanding that those persons whose presence could be of no service to the accused, and who would only be drawn thither by a prurient curiosity, are excluded altogether." Cooley, Const. Idm. *312. And see People v. Hall, 51 App. Div. 57, 64 N. Y. Supp. 433; People v. Swafford, 65 Cal. 223, 3 Pac. 809. — Speedy trial. See that title.— Separate trial. See SEPARATE.— State trial. See STATE.— 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 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 single judge. 2 Tidd, Pr. 751, 819.— Trial by certificate. A form of trial allowed in cases where the evidence of the per son certifying was the only proper criterion of the point in dispute. Under such circumstances, the issue might be determined by the certificate alone, because, if sent to a jury, it would be conclusive upon them, and therefore their inter vention was unnecessary. Tomhns.— Trial by grand assize is a peculiar mode of trial al lowed in writs of right. See ASSIZE; GRAND ASSIZE.— Trial by inspection or examina tion is a form of trial in which the judges of the court, upon the testimony of their own senses, decide the point in dispute.— 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, be fore 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 lawful men, disinterested and impartial, not of kin nor personal dependents of either of the parties, having their homes within the jurisdictional limits 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 deliberat ing, when necessary, apart from all extrane ous influences, must return their unanimous ver dict upon the issue submitted to them. All the books of the law describe a trial jury sub stantially as we have stated it; and a "trial by jurr" is a trial by such a body so constitut ed and conducted. State v. McClear, 11 Nev. 60. And see Gunn v. Union R. Co., 23 R. I. 289, 49 Atl. 999; State v. Hamey, 168 Mo. 167, 67 S. W. 620, 57 L. R. A. 846; Capital Traction Co. v. Hof, 174 U. S. 1, 19 Sup. Ct. 580, 43 L». Ed. 873; Lommen v. Minneapolis Gaslight Co., 65 Minn. 196, 68 N. W. 53, 33 L. R. A. 437, 60 Am. St. Rep. 450; People v. Dutcher, 83 N. Y. 242; Vaughn v Scade, 30 Mo. 600; Ward v. Farwell, 97 111. 612.— Trial by proviso. A proceeding allowed where the plaintiff in an action desists from prosecuting his suit, and does not bring it to trial in con venient time. The defendant, in such case, may take out the venire facias to the sheriff, contain ing these words, "proviso quod," etc., •. e., pro vided that. If plaintiff take out any writ to that purpose, the sheriff shall summon but one jury on them both. This is called "going to trial by proviso." Jacob, tit. "Proviso."— Trial by the record. A form of trial resorted to

TRET. An allowance made for the water or dust that may be mixed with any com modity. It differs from tare, (q. 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

and familia;

i. e. t citizen

civitas, Ubertas,

ship, freedom, and family rights.

TRIAX. 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 issue. 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 hasjurisdiction over it, according to the laws of the land. See Finn v. Spagnoli, 67 Cal. 330, 7 Pac. 746; In re Chauncey, 32 Hun (N. Y.) 431; Bullard v. Kuhl, 54 Wis. 545, 11 N. W. 801; Spencer v. Thistle, 13 Neb. 229, 13 N. W. 214; State v. Brown, 63 Mo. 444; State v. Clifton, 57 Kan. 449,46 Pac. 715; State v. Bergman, 37 Minn. 407, 34 N. W. 737; Home L. Ins. Co. v. Dunn, 19 Wall. 224, 22 L. Ed. 68; Crane v. Reeder, 28 Mich. 535, 15 Am. Rep. 223. —Mistrial. See that title.— New trial. A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury or court or by referees. Code Civ. Proc. Cal. § 656. A new trial is a re-examination of the issue in the same court, before another jury, after a verdict has been given. Pen. Code Cal. § 1179. A new trial is a re-examination in the same court of an issue of fact, or some part or portions thereof, after the -verdict by a jury, report of a referee, or a decision by the court. Rev. Code Iowa 1880, § 2837.— New trial pa per. In English practice. A paper containing a list of causes in which rules nisi have been obtained for a new trial, or for entering a ver dict in place of a nonsuit, or for entering judg ment non obstante veredicto, or for otherwise varying or setting aside proceedings which have taken place at ntsi prius. These are called on for argument in the order in which they stand in the paper, on days appointed by the judges for the purpose. Brown.— Public trial. A trial held in public, in the presence of the pub lic, or in a place accessible and open to the attendance of the public at large, or of persons who may properly be admitted. "By this [pub lic trial] is not meant that every person who sees fit shall in all cases be permitted to at tend criminal trials, because there are many cases where, from the character of the charge and the nature of the evidence by which it is to be supported, the motives to attend the trial, on the part of portions of the community, would be of the worst character, and where a regard to public morals and public decency would re quire that at least the young be excluded from hearing and witnessing the evidences of human depravity which the trial must necessarily bring to light. The requirement of a public trial is for the benefit of the accused; that the public may see he is fairly dealt with and not unjustly con demned, and that the presence of interested spec