Page:Black's Law Dictionary (Second Edition).djvu/1180

Rh TRET. An allowance made for the water or dust that may be mixed with any commodity. It differs from tare, (q. v.)

 TRETHINGA. In old English law. A trithing; the court of a trithing.

 TREYT. Withdrawn, as a juror. Written also treat. Cowell.

 TRIA CAPITA, in Roman law, were civitas, libertus, and familiar; i. e., citizenship, freedom, and family rights.

 TRIAL. The examination before a competent 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 criminal, before a judge who has jurisdiction 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; Buliard 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 paper. In English practice. A paper containiru; ii list of causes in which rules m'.u' have been ohraiued for a new trial, or for entrring a verdict in piace of a nonsuit, or for entering judgment mm nbshmi‘-e vercdicto, or for otherwise inrying or setting aside proceedings which have taken pitice at riiiri prius. These are cniicrl on for argument in the order in which they stand in the paper. on l’l'Il'S appointed by the judges for the purpose. Brown.—Public trial. A trial hcld in public, in the presence of the piib- iic, or in a place accessible and open to the iitti-nilancc of the piihiic at large, or of persons who m.-iv properly be admitted. "By this [pub- lic trial] is not meant that every person who sees fit shall in all crises be permitted to attenrl crimin-ii trials. because there are many cases where. from the character of the charge and the nature of the evidnnce by which it is to be suppnrted, the motives to attend the trini. on the part of portions of the community, wouid he of the worst cli.-irsctcr, and where a record to public mornls iiuil public (Ieccncy woiihl re- quire th'it at least the voung he cxclurlcrl from hearing rinrl witnesiiuz the eiidenccs of human deprarity vihich the triai must ncnssiu-ily hriug to iizht. The requirement of a public trial is for the benefit of the accused: that the piihlic mgv see he is fairly denit with and not unjustly condemned, and that the presence of interested spectators may keep his triers keenly alive to a sense of their responsibility and to the lmportzin-so ol- their functions; and the requirement is fairly observed if, without psi tiiiiity or fnvoifzllnu reasonable proportion of the public is I'M!‘ to attend, notwithstanding that thos: pt"- whose presence could he of no se-rvlu to ID’ accused. iind who would only be drawn midi‘ by a pruriont curiosity, are excludod ult-rather. Cooley. Const. Dim. ‘312. And see Hook 0.. Hnli. 5] App. Div 57. 64 N. Y Supp. 1%; " 3 Par. 1*. —Speedy trial. See that title.—Separate trial. See .—State trial. See .—Trial at bar. A species of trial 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 of 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 . 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 person 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 intervention was unnecessary. Tomlins.—Trial by grand assize. Is a peculiar mode of trial allowed in writs of right. See ; .—Trial by inspection or examination 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, 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, 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 offices 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 rlolilientiug. uhen necessary, apart from all extrane- ous Influences, must return their uuzininious verdict upon the issue submitted to them. .\li the hooks of the law describe a trizii jury sub- stnntially as we have stated it: and a "trial _iur_v" is El trial by such a hotly so constitute and conducted. State v. McClear, 11 Nev. 60. And see Gunn v. Union R. Co. '_'.‘l R. i. 28'). ' lfi 49 Ml. DH . State v. Harncy. 1!" ‘in. 07 S. W. 3:‘ . 57 L. R. A. Salli: Uimszii r. tion C0. 1'. Hot. 174 U. S. 1, 19 Sup Ct. 580. 43 L. Ed. 873; Lomrnen v. Jiinueannlis Gaslight Cn.. H5 llfinli. 196. 63 N. W 5%. 33 L. R. A. 437. 60 Am. Qt. Hop. -150; People v. Dutcher. 83 N. Y. 2l2: \auglin v Smile. 31,) Mo. G00: Ward v. Fnrwoli. 97 Ili. fil f:'.—'I‘1-iril b proviso. A proceeding allowed \\hl‘I'e the p intift in an action desists from prosecuting his suit, and does not hring it to trini in con- venient time. The defendant. in such case, may take out the veuire facias to the sheriff, containing the words, "proviso quod," etc., i. e. provided that. If plaintiff take out any write 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 tn 