356Ascertainment of facts as to challenge

356 Ascertainment of facts as to challenge (1) If at any time it becomes necessary to ascertain the truth of any matter alleged as cause for challenge the fact shall be tried by the jurors who have already taken the oath as jurors if more than one or, if one juror only has taken the oath as a juror, by such juror together with some indifferent person chosen by the court from the panel of jurors or, if no juror has taken the oath as a juror, by 2 indifferent persons chosen by the court from such panel. (2) The persons so appointed are to take an oath to try the cause for challenge and their decision on the fact is final and conclusive. (3) If the persons so appointed cannot agree the court may discharge them from giving a decision and may appoint 2 other persons to try the fact to be chosen as in the case where no juror has taken the oath as a juror.