triors

TRIORS, practice. Persons appointed according to law to try whether a person 
challenged to the favor 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 appointed with him. Co. Litt. 158 a; 
Bac. Ab. Juries, E 12. 
     2. 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 jurors 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. 
     3. The following oath or affirmation is administered to them: "You 
shall well and truly try whether A B, the juror challenged, stands 
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 voire dire, but he cannot be 
interrogated as to circumstances which may tend to his own disgrace, 
discredit, or the injury of his character. The finding of the triors is 
final. Being officers of the court, the triors may be punished for any 
misbehaviour in their office. Vide 2 Hale, 275; 4 Bl. Com. by Chitty, 353, 
n. 8; Tr. per Pais, 200; 1 Chit. Cr. Law, 549, 450; 4 Harg. St. Tr. 740, 
750; 15 Serg. & Rawle, 156; 21 Wend. 509; 2 Green, 195.