The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1900-08-07
BY AUTHORITY.
IN THE SUPREME COURT OF THE
TERRITORY OF HAWAII.
JUNE Term, 1900.
GRAND JURIES.
JUNE Term, 1900.
GRAND JURIES.
|. When Required.

ment or indictment OF grand jury,
except in cases arising in the land
aud naval forces, or in the militia,
when in actual service in time OF war
or public danger" U. S. Const,,
/ Amend Art, s..
2, How Drawn.
"Uuiil otherwise provided by the
legsl, ture Of the Territory, grand
jurie, may be drawn in the manner
provided by the Hawaiian statutes
for drawing petty juries." Org. Act,
Sec. 83.
8. Qualifications Of Jurors.
mo person who is not male
citizen Of the United States aud
twenty.one years Of age, aud who
can not understandingly speak, read
aud write the English language,
shall be a qualified juror or grand
Juror in the Territory OF
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. 80.
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
juries shall sit at such
times as the circuit judges of the
respective circuits shall direct"
Org, Act, Sec. S3.
6. Challenges.
Before the grand jury retires, the
prosecuting officer, or any person
held to answer charge for criminal
otfense, 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.
7. Foreman.
From the persons summoned to
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
ehall be administered to the grand
jurors:
"You, and each Of you, do solemn.
~ swear Cor affirm that you will
diligently inquire, and true present
ment make, OF all such matters and
things as shall be given you 10
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"
8. Charge OF the Court.
The grand jury, being impauelled
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 como before them. The
court may further charge the jury
when the necessity arises.
10. Officer in Attendance.
The court may appoint an officer
to attend upon the grand jury.
Ii. Retirement OF the Grand Jury.
The grand jury shall then retire
to 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 30 directed by the grand Jury,
49, Subpoena OF Witnesses.
The several circuit courts NAV
subpoena witnesses to appear before
the grand jury in like manner aa
they subpoena witnesses to appear be-
fore their respective courts" Org.
Act, Sec. e8.
ID 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, bv
any member thereof.
The oath or Affirmation may be
substantially as follows; 10
You do solemnly swear Tor affirm
tnat the evidence which you shall