the justices of the
peace in petty sessions, and, through the high constable of the
district, delivered to the next quarter sessions. If the proceedings
are before the Queen's Bench, an interval is allowed by the court, in
fixing the time of trial, for the impanneling of the jury, upon a writ
issued to the sheriff for that purpose. The trial in a case of
misdemeanour in the Queen's Bench is had at _nisi prius_, unless it be
of such consequence as to merit a trial at bar, which is invariably
had when the prisoner is tried for any capital offence in that court.
But before the ordinary courts of assize, the sheriff, by virtue of a
general precept directed to him beforehand, returns to the court a
panel of not less than forty-eight nor more than seventy-two persons,
unless the judges of assize direct a greater or smaller number to be
summoned. When the time for the trial has arrived, and the case is
called on, jurors, to the number of twelve, are sworn, unless
challenged as they appear; their names being generally taken
promiscuously, one by one, out of a box containing a number of
tickets, on each of which a juror's name is inserted. Challenges may
be made, either on the part of the crown or on that of the accused,
and either to the whole array or to the separate polls. The challenge
to the array, which must be made in writing, is an exception to the
whole panel, on account of some partiality or default in the sheriff,
or his officer, who arrayed the panel, the ground of which is examined
into before the court. Challenges to the polls--_in capita_--are
exceptions to particular persons, and must be made in each instance,
as the person comes to the box to be sworn, and before he is sworn;
for when the oath is once taken the challenge is too late.

Sir Edward Coke reduces the heads of challenge to four. 1st, _propter
honoris respectum_; as if a lord of Parliament be impannelled. 2d,
_propter defectum_; as if a juryman be an alien born, or be in other
respects generally objectionable. 3d, _propter affectum_; for
suspicion of bias or partiality: and 4th, _propter delictum_; or, for
some crime that affects the juror's credit, and renders him infamous;
In treason and felony, the prisoner is allowed the privilege of a
limited number of _peremptory_ challenges; after which, as in
misdemeanours, there is no limit to the number of challenges, if the
party shows some cause for each challenge to the court. This cause is
tried by pers