KFLCC Kingdom Law 2nd Ed.

CHALLENGE

187

CHAMBER BUSINESS

pitchers a ton or chaldron, and 29 cwt. of 120 lbs. to the ton. Wharton.

same as a challenge to the array. See supra. And see Pen. Code Cal. 1903, § 1058.— Chal lenge to the poll. A challenge made separ ately to an individual juror; as distinguished from a challenge to the array. Harrisburg Bank v. Forster, 8 Watts (Pa.) 306.— General challenge. A species of challenge for cause, be ing an objection to a particular juror, to the effect that the juror is disqualified from serv ing in any case. Pen. Code Cal. § 1071.— Per emptory challenge. In criminal practice. A species of challenge which a prisoner is al lowed to have against a certain, number of ju rors, without assigning any cause. Lewis v. U. S., 146 U. S. 370, 13 Sup. Ct. 136, 36 L. Ed. 1011; Turpin v. State, 55 Md. 462; Leary v. Railway Co., 69 N. J. Law, 67, 54 Atl. 527; State v. Hays, 23 Mo. 287.— Principal chal lenge. A challenge of a juror for a cause which carries with it, prima facie, evident marks of suspicion either of malice or favor; as that a juror is of kin to either party within the ninth degree; that he has an interest in the cause, etc. 3 Bl. Comm. 363. A species of challenge to the array made on account of partiality or some default in the sheriff or his under-offi cer who arrayed the panel. A summons or invitation, given by one person to anoth er, to engage in a personal combat; a re quest to fight a duel. A criminal offense. See Steph. Crim. Dig. 40; 3 East, 581; State v. Perkins, 6 Blackf. (Ind.) 20. A room or apartment In a house. A private repository of money; a treasury. Sometimes used to designate a court, a commission, or an association of persons habitually meeting together in an apartment, e. g., the "star chamber," "cham ber of deputies," "chamber of commerce." In French law. A sovereign court, of great antiquity, in France, which took cognizance of and registered the accounts of the king's rev enue; nearly the same as the English court of exchequer. Enc. Brit. An as sociation (which may or may not be incor porated) comprising the principal merchants, manufacturers, and traders of a city, design ed for convenience in buying, selling, and exchanging goods, and to foster the commer cial and industrial interests of the place. A portion of the effects of a deceased person, reserved for the use of his widow, and consisting of her apparel, and the furniture of her bed-cham ber, is called in London the "widow's cham ber." 2 Bl. Comm. 518. A term ap plied to all such judicial business as may properly be transacted by a judge at his chambers or elsewhere, as distinguished from such as must be done by the court in session. In re Neagle (C. C.) 39 Fed. 855, 5 L. R. A. 78. CHALLENGE TO FIGHT. CHAMBER. CHAMBER OF ACCOUNTS. CHAMBER OF COMMERCE. CHAMBER, WIDOW'S. CHAMBER BUSINESS.

"CHALLENGE. 1. To object or except to; to prefer objections to a person, right, or instrument; to formally call into ques tion the capability of a person for a particu lar function, or the existence of a right claimed, or the sufficiency or validity of an instrument. 2. As a noun, the word signifies the objec tion or exception so advanced. 3. An exception taken against legal docu ments, as a declaration, count, or writ. But this use of the word is now obsolescent. 4. An exception or objection preferred against a person who presents himself at the'polls as a voter, in order that his right to cast a ballot may be inquired into. 5. An objection or exception to the per sonal qualification of a judge or magistrate about to preside at the trial of a cause; as on account of personal interest, his having been of counsel, bias, etc. 6. An exception or objection taken to the jurors summoned and returned for the trial of a cause, either individually, (to the polls,) or collectively, (to the array.) People v. Travers, 88 Cal. 233, 26 Pac. 88; People v. Fitspatrick, 1 N. Y. Cr. R. 425. AT COMMON LAW. The causes for principal challenges fall under four heads: (1) Propter honoris respectum. On account of respect for the party's social rank. (2) Propter defectum. On account of some legal disqualification, such as infancy or alienage. (3) Propter affectum. On account of partiality; that is, either ex pressed or implied bias or prejudice. (4) Prop ter delictum. On account of crime; that is, dis qualification arising from the conviction of an infamous crime. —Challenge for cause. A challenge to a juror for which some cause or reason is alleged. Termes de la Ley; 4 Bl. Comm. 353. Thus distinguished from a peremptory challenge. Turner v. State, 114 Ga. 421, 40 S. E. 308; Cr. Code N. T. 1903, § 374.—Challenge prop ter affectum. A challenge interposed on ac count of an ascertained or suspected bias or partiality, and which may be either a principal challenge or a challenge to the favor. Harris burg Bank v. Forster, 8 Watts (Pa.) 306; State v. Sawtelle, 66 N. H. 488, 32 Atl. 831; Jewell v. Jewell, 84 Me. 304. 24 Atl. 858, 18 L. R. A. 473.— Challenge to the array. An excep tion to the whole panel in which the jury are arrayed, or set in order by the sheriff in his return, upon account of partiality, or some de fault in the sheriff coroner, or other officer who arrayed the panel or made the return. 3 Bl. Comm. 359; Co. Litt 1556/ Moore v. Guano Co., 130 N. C. 229, 41 S. EL 293; Thompson v. State, 109 Ga. 272, 34 S. E. 579; Durrah v. State. 44 Miss. 789.— Challenge to the fa vor. Is where the party has no principal chal lenge, but objects only some probable circum stances of suspicion, as acquaintance, and the like, the validity of which must be left to the determination of triors, whose office it is te decide whether the juror be favorable or unr favorable. 3 Bl. Comm. 363; 4 Bl. Comm. 353; Thompson v. State, 109 Ga. 272, 34 S. E. 579; State v. Sawtelle, 66 N. H. 488, 32 Atl. 831; State v. Baldwin, 1 Tread. Const (S. C.) 292.— Challenge to the panel. The