4. That he is the prosecutor upon a charge against the defendant:

5. That he is a witness on the part of the prosecution, and has been served with process or bound by an undertaking, as such;

6. That he has formed or expressed an unqualified opinion that the defendant is guilty of the offence for which he is held to answer.

§ 253. The challenges mentioned in the last three sections may be oral, and shall be entered upon the minutes, and tried by the court, in the same manner as challenges in the case of a trial jury, which are triable by the court.

§ 254. The court shall allow or disallow the challenge, and the clerk shall enter its decision in the minutes.

§ 255. If a challenge to the panel be allowed, the grand jury are prohibited from inquiring into the charge against the defendant by whom the challenge was interposed. If they should, notwithstanding, do so, and find an indictment against him, the court shall direct the indictment to be set aside.

§ 256. If a challenge to an individual grand juror be allowed, he shall not be present at, or take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon.

§ 257. The grand jury shall inform the court of a vio

lation of the last section, and it shall be punished by the court as a contempt.

§ 258. From the persons summoned to serve as grand jurors, and appearing, the court shall appoint a foreman. The court shall also appoint a foreman, when a person already appointed is discharged or excused before the grand jury are dismissed.

§ 259. The following oath shall be administered to the foreman of the grand jury: "You, as foreman of this grand jury, shall diligently inquire and true presentment make, of all public offences against the people of this state, committed or triable within this county, of which you shall have or can obtain legal evidence: you shall present no person through malice, hatred or ill will, nor leave any unpresented through fear, favor, or affection, or for any reward, or the promise or hope thereof; but in all your presentments, you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding. So help you God!"

$260. The following oath shall be immediately thereupon administered to the other grand jurors present: "The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part. So help you God!"

§ 261. If after the foreman is sworn, any grand juror appear, and be admitted as such, the oath, as prescribed in section 259, shall be administered to him, commenc

ing, "You, as one of this grand jury," and so on, to the end.

§ 262. The grand jury being impanelled and sworn, shall be charged by the court. In doing so, the court shall read to them the provisions of this code, from section 266 to section 282, both inclusive, and shall give them such information as it may deem proper, as to the nature of their duties, and any charges for public offences returned to the court, or likely to come before the grand jury. The court need not, however, charge them respecting violations of any particular statute.

§ 263. The grand jury shall then withdraw to a private room, and inquire into the offences cognizable by them.

§ 264. The grand jury shall appoint one of their number as clerk, who shall preserve minutes of their proceedings, (except of the votes of the individual members on a presentment or indictment,) and of the evidence given before them.

§ 265. The grand jury, on the completion of the business before them, shall be discharged by the court; but whether the business be completed or not, they are discharged by the final adjournment of the court.

CHAPTER III.

Powers and duties of the grand jury.

§ 266. The grand jury has power, and it is their duty, to inquire into all public offences committed or triable within the county, and to present them to the court, either by presentment or indictment, or as provided in the next two sections.

§ 267. Upon such inquiry, they may, where the defendant has been held by a magistrate to answer the charge, and in no other case, if they believe him guilty thereof, find an indictment against him.

§ 268. In all other cases, if, upon investigation, the grand jury believe that a person is guilty of a public offence, they can proceed by presentment only.

§ 269. An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offence.

§ 270. A presentment is an informal statement in writing by the grand jury, representing to the court that a public offence has been committed, which is triable within the county, and that there is reasonable ground for believing that a particular individual, named or described, has committed it.

§ 271. The foreman may administer an oath to any witness appearing before the grand jury.

§ 272. In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury shall receive no other evidence than,

1. Such as is given by witnesses produced and sworn before them, or furnished by legal documentary evidence: or,

2. The deposition of a witness, in the cases mentioned in the third subdivision of section 11.

§ 273. The grand jury shall receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.

§ 274. The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach, will explain away the charge, they should order such evidence to be produced; and for that purpose may require the district attorney to issue process for the wit

nesses.

§ 275. The grand jury ought to find an indictment, when all the evidence before them taken together, is such as in their judgment would warrant a conviction by the trial jury.

§ 276. If a member of the grand jury know, or have reason to believe, that a public offence has been committed, which is triable within the county, he must declare the same to his fellow jurors, who shall thereupon investigate the same.