The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1900-07-20

challenges shall be tried ana ueter
mined by the court.
q Foreman.
From the persons summoned 70
serve as grand jurors and appearing
the court shall appoint a 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
" swear Cor affirm that you will
diligently inquire, aud true present.
ment make, OF all such matters and
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 he best OF
your understanding; aud that you
will keep secret the proceedings had
before you"
9. Charge OF the Court.
The grand jury, being impsnelled
aud sworn, shall be charged by the
court. la doing so, 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 ia Attendance.
The court may appoint an officer
to attend upon the grand jury.
IL. Retirement OF the Grand Jury.
The grand jury shall then retire
to a private room and inquire into
the offenses 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 may
subpoena witnesses to appear before
the grand jury in like manner as
they subpoena witnesses to appear be.
fore their respective cour.s." Org.
Act, Sec. S3.
IA. Swearing Witnesses.
Witnesses appearing before the
grand jury may bs 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 JUROR.
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-
fore them, and draw the indictments.
An interpreter may be present at
the examination OF witnesses before
the grand jury.
Except the prosecuting officer, in.
terpreter and witnesses under ex-
animation, no person shall be per-
mitted to be present during the ses-
sion OF the grand jury.
No person except the members of
the grand jury shall be permitted to
be present during the expression OF
their opinions or the giving of their
votes.
l6. Twelve Grand Jurors to Con.
cur.
No indictment shall be found, nor
shall any presentment be made, with
out the concurrence OF at least
twelve grand jurors.
IL. Endorsement by Foreman and
Prosecuting Officer.
An indictment when found shall
be Endorsed, "a true BILL" and such
Endorsement shall be signed by the
foreman. An indictment shall be
Endorsed also by the prosecuting Of.
hcer A presentment, when made,
shall be signed by the foreman.
ls. Presenting and Filing.
Indictments or present ments,w hen
found, shall be presented by the
foreman, in the presence OF the other
grand jurors, to the Court, and shall
there be filed; but such as are found
Tor felony against any person not
in custody or under recognizance,
shall not be open to the inspection
OF any person except the prosecut.
ing officer, until the defendant
tharain lhall haMa hnnn ..I.l