to, the court may, upon sufficient cause, direct the trial to be postponed to another day. En. February 14, 1872. Am'd. 1873-4, 441; 1880, 20. Cal. Rep. Cit. 66, 396; 76, 342; 130, 76; 135, 134. Crim. Prae. Act, sec. 325. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. TITLE VII. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT. Chapter I. Challenging the Jury, §§ 1055-1089. II. The Trial, §§ 1093-1131. § 1055. Definition and division of challenges. 1061. Exception, if sufficiency of the challenge be denied. 1062. If exception overruled, court may allow denial, etc. § 1063. Denial of challenge, how made, and trial thereof. § 1064. Challenge for bias in summoning officer. 1065. Proceedings, if challenge allowed. 1066. 1067. Defendant to be informed of his right to challenge. 1068. Challenge, when taken. 1069. Peremptory challenge, what, and how taken. 1070. Number of peremptory challenges. 1071. 1072. Definition and kinds of challenge, for cause. 1073. Particular cause of challenge. 1074. Ground of challenge for implied bias. 1075. Exemption not a ground of challenge. 1076. Causes of challenge, how stated. 1077. Exceptions to challenge and denial thereof. 1078. Challenge, how tried. 1079. Triers, how appointed. Majority may decide. (Repealed.) 1080. Oath of triers. 1081. (Repealed.) Juror challenged may be examined as a witness. 1082. Rules of evidence on trial of challenge. 1083. Decision of court to be entered. 1084. Instructions on trial for actual bias. (Repealed.) 1085. Verdict of triers, and its effect. 1086. Challenges, first by the defendant. 1087. Order of challenges. (Repealed.) 1088. Peremptory challenges, when may be taken. 1089. Alternate jurors. § 1055. Definition and division of challenges. A challenge is an objection made to the trial jurors, and is of two kinds: 1. To the panel; 2. To an individual juror. En. February 14, 1872. Crim. Prac. Act, sec. 326. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. When § 1056. Defendants cannot sever in challenges. several defendants are tried together, they cannot sever their challenges, but must join therein. En. February 14, 1872. Crim. Prac. Act, sec. 327. En. April 20, 1850. 290. En. 1851, 212. Rep. 1851, Cal. Rep. Cit. 8, 303. § 1057. Panel defined. The panel is a list of jurors re turned by a sheriff, to serve at a particular court, or for the trial of a particular action. En. February 14, 1872. Cal. Rep. Cit. 139, 64. Crim Prac. Act, sec. 328. 290. En. 1851, 212. En. April 20, 1850. Rep. 1851, Selecting and returning jurors: Code Civ. Proc., secs. 204-211. Drawing jurors: Code Civ. Proc., secs. 214-220. Summoning jurors: Code Civ. Proc., secs. 225-228. § 1058. Challenge to the jury defined. A challenge to the panel is an objection made to all the jurors returned, and may be taken by either party. En. February 14, 1872. Crim. Prac. Act, sec. 329. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1059. Upon what founded. A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury in civil actions, or on the intentional omission of the sheriff to summon one or more of the jurors drawn. En. February 14, 1872. Cal. Rep. Cit. 64, 382; 73, 360; 97, 176; 134, 529; 145, 295. Crim. Prac. Act, sec. 330. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 1, 383. § 1060. When and how taken. A challenge to the panel must be taken before a juror is sworn, and must be in writing or be noted by the phonographic reporter, and must plainly and distinctly state the facts constituting the ground of challenge. En. February 14, 1872. Cal. Rep. Cit. 127, 380; 134, 528. Crim. Prac. Act, sec. 331. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 1, 383. § 1061. Exception, if sufficiency of the challenge be denied. If the sufficiency of the facts alleged as ground of the challenge is denied, the adverse party may except to the challenge. The exception need not be in writing, but must be entered on the minutes of the court, or of the phonographic reporter, and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true. En. February 14, 1872. Cal. Rep. Cit. 61, 549. Crim. Prac. Act, sec. 332. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit, 1, 383. Crim. Prac. Act, sec. 333. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Compare with post, sec. 1077. Exception to ruling: Post, sec. 1170. If exception overruled, court may allow denial, on the exception, the court finds the challenge sufficient, it may, if justice requires it, permit the party excepting to withdraw his exception, and to deny the facts alleged in the challenge. If the exception is allowed, the court may, in like manner, permit an amendment of the challenge. En. February 14, 1872. Cal. Rep. Cit. 61, 549. Crim. Prac. Act, sec. 334. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1063. Denial of challenge, how made, and trial thereof. If the challenge is denied, the denial may be oral, and must be entered on the minutes of the court, or of the phonographic reporter, and the court must proceed to try the question of fact; and upon such trial, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge. En. February 14, 1872. Crim. Prac. Act, sec. 335. En. April 20, 1850. Rep. 1851. 290. En. 1851, 212. Crim. Prac. Act, sec. 336. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1064. Challenge for bias in summoning officer. When the panel is formed from persons whose names are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them, which would be good ground of challenge to a juror. Such challenge must be made in the same form, and determined in the same manner, as if made to a juror. En. February 14, 1872. Cal. Rep. Cit. 49, 177; 49, 178; 76, 346; 95, 427; 101, 283; 108, 583; 116, 195; 122, 236; 127, 380; 134, 529; 134, 534; 134, 544. Crim. Prac. Act, sec. 337. En. April 20, 1850. Rep. 1851, 290. En. 1851, 312. Cal. Rep. Cit. 40, 592. § 1065. Proceedings, if challenge allowed. If, either upon an exception to the challenge or a denial of the facts, the challenge is allowed, the court must discharge the jury If it is dis so far as the trial in question is concerned. allowed, the court must direct the jury to be impaneled. En. February 14, 1872. Cal. Rep. Cit. 73, 360. Am'd. 1880, 20. Crim. Prac. Act, sec. 338. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1066. Defendant to be informed of his right to challenge. Before a juror is called, the defendant must be informed by the court, or under its direction, that if he intends to challenge an individual juror he must do so when the jurors appears, and before he is sworn. En. February 14, 1872. Cal. Rep. Cit. 58, 266; 76, 346; 88, 488; 88, 489; 92, 596; 102, 231; 103, 510. Crim. Prac. Act, sec. 339. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1067. Kinds of challenges to individual juror. A challenge to an individual juror is either: 1. Peremptory; or, 2. For cause. En. February 14, 1872. Crim. Prac. Act, sec. 340. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 37, 678. § 1068. Challenge, when taken. It must be taken when the juror appears, and before he is sworn to try the cause; but the court may for cause permit it to be taken after the juror is sworn, and before the jury is completed. En. February 14, 1872. Cal. Rep. Cit. 47, 122; 53, 577; 76, 347; 87, 120; 105, 338; 116, 197; 116, 198; 123, 488; 139, 216. Crim. Prac. Act, sec. 341. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 4, 200; 16, 131; 24, 13; 37, 678; 37, 679; 37, 680; 37, 690; 37, 693. § 1069. Peremptory challenge, what, and how taken. A peremptory challenge can be taken by either party, and |