The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1900-08-06
BY AUTHORITY.
IN THE SUPREME coURT OF TIE
TERRITORY OF HAWAII.
JUNE Term, 1900.
GRAND JURIES.
JUNE Term, 1900.
GRAND JURIES.

ment or indictment oil granu jury,
except in cases arising in the land
and naval forces, or in the militia,
when in actual service in time OF war
or public danger" U. S. Const.,
Amend Art. 5.
2 How Drawn.
"Until otherwise provided by the
Legislature of the Territory, grand
juries may be drawn in the manner
provided by tho Hawaiian statutes
for drawing petty juries." Org. Act,
Sec. 83.
3. Qualifications OF Jurors.
"No person who is not a male
citizen OF the United States and
twenty-one years Of age, and who
can not uuderstsndingly speak, read
aud write the English language,
shall be a qualified juror or grand
Juror in the Territory Cf
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.
4. Number OF Jurors.
1.-THE number OF grand Jurors in
each circuit shall not be less than
thirteen" nor moro than twenty
three. See Org. Act, Sec. S3.
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 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 a forem an,
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, and 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 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 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 ss TO the law pertaining to such
cases as may come before them. Tho
court may further charge the jury
when the necessity arises.
10. Officer in Attendance.
The court may appoint an officer
to sttend 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. 10
preserve minutes OF the proceedings
before them, which minutes shall be
delivered to the prosecuting officer,
when 80 directed by the grand jury.
IL. 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.
ID. 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