CHALLENGE, in law, is an exception made to jurors, who are returned to a person on a trial.
This challenge is made either to the array, or to the polls : to the array, when exception is taken to the whole number of jurors impannelled ; and to the polls, when an exception is made to one ott more of the jury as not indifferent.
Challenge to the jurors is likewise di vided into challenge principal or pe remptory, and challenge for cause ; that is, upon cause or reason alledged. Chat. lenge principal, is what the law allows without any cause alledged, or further ex amination : as, a prisoner arraigned at the bar for felony may challenge peremptori ly the number allowed him by law, be ing twenty, one after another, alleging no further cause than his own dislike : and the jurors, so challenged, shall be put off, and new ones taken in their places.
In cases of treason, the number of thir ty-five jurors may be peremptorily chal lenged, without shewing any cause : and more, both in treason and felony, may he challenged, shewing cause.
If those who prosecute for the king_ challenge a juror, they-- are to assign the cause ; and if the cause alleged be not a good one, the inquest shall be taken. When the king is pity, if the other side challenge any -juror above the number allowed, he ought to show cause of his challenge immediately, while the jury is full, and before they are sworn. This was supposed to be law with regard to challenges made for the crown, but in the memorable state trials of 1794, the crown lawyers challenged without chew ing cause, declaring that they were not bound to spew reason till the whole pan nel was gone through, and then only in that a sufficient number of jurors were not left. This was the case, and
the consequence was, that the persons whom they had challenged were then taken, against whom it was ascertained there was no'cause of challenge whatever. Challenge to the array is in respect of the partiality or default of the sheriff; coroner, or other officer, that made the return ; and it is then twofold. First, principal challenge to the array, which, if it be made good, it is a sufficient cause of exception, without leaving any thing to the judgment of the triers ; as, if the sheriff be of kindred to either party, or if any of the jurors he returned at the. no mination of either of the parties. Second ly, challenged to the array for favour, which being no principal challenge, must be left to the discretion and conscience of the triers. As where either of the pat ties suspect that the juror is inclined to favour the • opposite party. Principal challenge to the polls, is where cause is shewn, which, if found true, stands suffi cient of itself, without leaving any thing to the triers ; as, if the juror be under the age of 21, it is a true cause of chal lenge.