The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1900-07-24

legislature OF the territory B'"uN
iuries may be drawn ia the manner
provided by the Hawaiian statutes
for drawing petty juries." Org Act
Sec. 50.
3. Qualifications OF Jurors.
mo person who is not a male
citizen OF the United States ana
twenty. one years OF age, and who
can not understsndngly speak, read
aud write the English language,
shall be a qualified juror or grand
Juror ia the Territory oil
Hawaii, and all juries shall here
after be constituted without refer
ence to the race or place OF nativity
Of the jurors" Org. Act, Sec. 81.
A. Number OF Jurors.
"The number OF grand jurors in
each circuit shall not be less than
thirteen" nor more than twenty
three. See Org. Act, Sec. SO.
5 Sessions.
"Until otherwise provided by the
legislature OF the Territory, grand
iuries shall ait at such
times as the circuit judges Of the
respective circuits shall direct"
Org. Act, Sec. 83.
6. Challenges.
Before the grand jury retires, the
prosecuting officer, or any person
held to answer a charge for criminal
offense, may challenge the panel or
an individual Juror, for cause to be
assigned to the court. All such
challenges shall be tried and deter
mined by the court
z. Foreman.
From the persons summoned to
serve as grand jurors and appearing,
the court shall appoint foreman,
and may remove him for cause. The
court may appoint another foreman
when the necessity arises.
8. Oath OF Grand Jurors.
Substantially the following oath
shall be administered to the grand
jurors:
you, and each Of you, do solemn
ly swear Cor affirm that you will
diligently inquire, aud true present
ment make, of all such matters aud
things as shall be given you in
charge, or shall otherwise come to
your knowledge touching this present
service; that you will present no one
through envy, hatred, or malice, nor
leave any one unpresented through
fear, favor, affection, gain, reward or
hope therefor, but will present all
things truly as they come to your
knowledge, according to the best OF
your understanding; and that you
will keep secret the proceedings had
before you"
9. Charge Of the Court.
The grand jury, being impanelled
and sworn, shall be charged by the
court. In doing 80, the court shall
give them such information as it
may deem proper as to their duties
and as to the law pertaining to such
cases as may come before them. The
court may further charge the jury
when the necessity arises.
10, Officer 10 Attendance.
The court may appoint an officer
to attend upon the grand jury,
H. Retirement OF the Grand Jury.
The grand jury shall then retire
to a private room and inquire into
the otfenses cognizable by them.
II. Clerk.
The grand jury may appoint one
OF their number to be their clerk, to
preserve minutes OF the proceedings
before them, which minutes shall be
delivered to the prosecuting officer.
when 80 directed by the grand jury.
ID. Subpoena OF Witnesses.
"The several circuit courts NAV
subpoena witnesses to appear before
the grand jury in like manner as
they subpoena witnesses to appear be.
fore their respective courts" Org.
Act, Sec. SO.
a. Swearing Witnesses,
Witnesses appearing before the
grand Jury may be sworn in open
court or by the foreman OF the
grand jury, or, in his absence, by
any member thereof.
The oath or affirmation may be
substantially as follows:
you do solemnly swear Tor affirm
that the evidence which you shall
give before the grand Jury shall
be the truth, the whole truth, and
nothing but the truth"
Is. Presence OF Others with Jurors
The prosecuting officer or any
member OF the grand jury may in.
terrogate witnesses before the grand
Jury The prosecuting officer shall
advise the grand jury in regard to
the law OF the cases that come be.