See 35 H. for rules prescribed under this § for presentation of cases to grand juries. On juries between annexation and establishment of territorial government, see note to Joint Resolution of Annexation RLH 1955, page 13. See 21 H. 548, as to nonliability of circuit judge in damages for official acts in excess, but not in clear absence, of jurisdiction under this section. A single circuit judge cannot require an oath of secrecy by a witness before a grand jury: 17 H. 341; nor can a circuit judge require proposed witnesses to give recognizances, or commit them to jail without giving them an opportunity to do so, to appear and testify, when the accused has not been committed or is not held to await the action of the grand jury and no indictment is under consideration by the grand jury: 20 H. 453. This § did not repeal so much of the Hawaiian laws relating to the drawing of juries as to leave the rest inoperative: 15 H. 602. Objections to manner of drawing grand juries, waived, unless presented at first opportunity: 13 H. 413; 15 H. 613; 15 H. 141. Accused has no right to appear before grand jury or have witnesses for him heard by it: 15 H. 613. The right, if any, to assistance of counsel at impanelment of grand jury is waived, if not claimed, though accused is in prison: 15 H. 613. Disqualifications of grand jurors (e.g. noncitizenship) do not destroy the jurisdiction of the court or make the indictment void, and cannot sustain a collateral attack by habeas corpus: 211 U.S. 148.

Verdicts must be unanimous under this act, but unanimity may be waived in civil cases: 13 H. 705; petty offenses may be tried by magistrate without a jury notwithstanding a demand for trial by jury: 27 H. 844; see also 20 H. 614, 23 H. 91, and 23 H. 766, as well as the next two cases cited herein; a misdemeanor punishable by imprisonment for a year, is not an infamous offense and does not require an indictment, and in such case trial by jury, while required if demanded, may be waived: 17 H. 432, 439; and a case of conspiracy may be tried by consent by eleven jurors: 20 H. 74, 95; and trial by jury may be waived in civil cases: 15 H. 59. Waiver of jury in felony case: 33 H. 113. Trial of suit for over $20 may be before district magistrate first, if jury is provided for on appeal: 14 H. 290; but an issuance of execution in such case by the magistrate pending appeal would be unconstitutional: 14 H. 524; although a requirement of a bond for the payment of the judgment as a condition of appeal would be constitutional: 15 H. 590. This § does not make applicable to the federal court a territorial statute making successive disagreements of two juries operate as an acquittal: 4 U.S.D.C. Haw. 466. Referred to in 23 Ops. 543; 13 H. 481, 556; 16 H. 245, 253, 266, 747; 18 H. 539, 645; 20 H. 243, 256; 21 H. 539; 187 U.S. 309; 190 U.S. 211; 217 U.S. 244; 1 U.S.D.C. Haw. 43.