1® ® s . SI. JBut should the coiapkinantstete ^ a t he ^san produce more witnessegs, he shall'
fee required to enter Into a, penalty-bond for their appearance ea a given 'day (that day
JI ^ p T to fee as littie distan t-as passible, w , if prartieafele, to exceed s week fromtoe tone ef
[*to«h ibis first examination), aigd toe prisoner «tail} in this ease, fee, admitted to feaafe
provided the offence be of a bailable nature.
t e S S d " J' SS* *f «ffuita turn be one that does not admit of bail being taken,
pl^nscra;. ^ the Resident shall sign a warrant to the gaoler, to receive and hold him in safe custody
_ until he shsdl he^ toscbargecLby due .course o f law.
9S. On tlie scoured examination, -should the innocence oftibe prisoner appear sufB-
™ eifindy dear, he shall be forthwith released ; but should, on either the-first -or Second
d a y r f inquiry, such presumption of -guilt fee established} as to render necessary § re gular
trial, the prisoner shall stand fu%committed for it, and fee remanded to jail,
there to remain until that day of trial anrive.-' -
•If fte-'crimc MO. If the «rime imputed to Mm fee murder, treason, gang-robbery, or any other
liS p OTBiqto -fer the .sentence may amount to death, the Resident shall not himself proceed
&»aer j® t f e e ^ , butoommit Mm to prison, to take his trial fedfore toe “Court of
Circuit, of which more shall be said hereafter.
t o S t o '' lGl‘ Shonld « 1 offeDoe 0 * whk* he 48 charged be one of any less magnitude toan
*e »ffiJdeat capital, the Resident shall, in ordering-Mm to jail, notify to toe prisoner on what day
Ms trial shall eome on before himself. That day must: not, without some good and
sufficient reason, to be reported to Government, exceed the '’distance1 of a ’ week firm
the day o f Ms commitment to prise®.
102‘ On toe day of trial, the prisoner being brought up, the'former .proceedings
shall be read, and the witnesses again examined,, and- siicM further' e v in c e ,
partnf toe prosecution, betaken as may be necessary. The prisoner tSall1 Wn'fee
called on for Ms defence, and the witnesses adduced by him fe^heard and1 examined ‘
The Resident shall finally sum up the evidence, and stating tob reashnsfhat
dng sentence, have influenced Ms opinion, and the law of toe cfase, pronounce sentence accordingly' ’
T m i P I n i m ^ a” d aH. °th6rca8es’ whether dyil or -criminal,-' him,'
s“’*)-; tJ,e Resident shall be guided in his decisions by the existing native laws, and anrieift
customs *rf to® Island; provided the same be not deridedly act'“variance with the
universal and acknowledged principles of natural justice:
E B B ?l 10S‘ H *B8taBCe w b e r e o f the Pvnghnlu and Mksa^ hi stcritfL
with th® judgment of the Resident, and in which the punishment fixed to toecritoh
does met amount to imprisonment or transportation for the sentence of toe
Resident shall be finals and he immediately carried into execution
106. But whenever the opinions of toe Panghulu and J&ksH shall be in opposition
Pangimia and to that of the Resident, or -i®* which toe punishment of the crime shall amount''tb
£ £ £ ? & 'imprisonment or transportation for life, all toe proceedings shall be immediately
me Resident’s, transmitted to Government, Wito toe Resident’s statement of toe reasons and.regula-
tmrnon which he has formed Ms opinion; bathe shall delay toe pronouncing sentence
until toe approval of the. Honourable the Lieutenant Governor shall have ' &
-•obtained.
107. In alb cases whatever of trial, ,before this Goart-,. the Resident shall' transmit
to Go Vermont, in English, a statement of the offence-charged againt the prisoner, toe
substance of the evidence on the prosecution and defence, toe law of the; case, as: it
exists in, the regulations of Government, or in the written or customary laws of the
Island, and the; particular reason, cm .which he-has formed his own opinion. The Jaksa
and Panghulu are required to take notes of the evi-dengjhj and to state their respective
opinions on-the- casé}, la the vernacular) language; which) document,, signed by them,
shall be transmitted to Government by the Resident, together with his own- statement
of the case.
108. The-civil jurisdiction of this Court shall be constituted as follows;:
I A09, It shall be eó‘m]idtenttb receive original, complaints ofi every)' description, and
to try such appeals as may be made to it from the decisions, df the JlopafoV-Court.
110. On receipt of this complaint} if the amount at issue exceedlriot twenty rupees}1
the Resident, at his pleasure, may.refer it to be inquired! into»and*tried by the’Conrtlof
the Officer of the Division, in which the matter complained of occurred; or should the
amount be not ajioye fifty rupees, he may make it over tottoe authority of toe Bopdtës
Court of that district in which toe-subject at issue has originated. But all complaints
which concern. a< sum» of money exceeding this,, must be tried only by too Resident’s
Court
111., Tt is also competent toi this .Court alone to. take- cognizance of any suite,
however “trivial the amount at. issue, which may. be considered' as involving in them
any of too rights ofi Government. -
112. In trying appeals from toe BopafiVGaupte, afteirreading the- proceedings oni
toes tournee trial, andt re-examining such, eld, or hearing such new evidence as may be
addpeed, the judgment which shall- then be.passed shall be considered as final;
•113. In reversing the former decree, toe appellant shalll have- refundedvto. Mm. toe
costs- which have been kept in deposit, and' these shall be: then levied from ffte other
party; but if confirming toe. former judgment, it shall bo lefd.to the discretion of toe
Resident to enhance those costs- as- he may think f it: provided, however,- that the
whole- sum do not exceed JGfteen: per cent.- on toe amount ofi tori sentence:.
ti414. The appellant, on the institution of the suit, shall'paysuch: fees: as are-
customary in; the»institution of original suite-; but the other party shall!not be charged
wito -any- fees whatever.
g u t IS. When an original complaint is» given- in,»it shall he filed} ore. a fee; ofi one
rupee being paid, and sufficient security given for the possible amount of costs.
116. A copy of this shall then be:sent to-toe person or persons complained of} who:
shall be required, within a certain given time, hot to exceed "a fortnight}, to send! lit
the answer.;-, at which time -they- will also p.ay a fee- ofi one rupee,- and give, good
security for the amount of possible costs, jj 1
•' 1X7». On receipt of this reply, a day» shall be-appointed for the trials of the cause,
notice ofi which shall be- given-to each- of toe-parties»; and both they and such others,
witnesses or accessaries} as may be necessary, shall be summoned^ to attend on that
day.
APPEND’D!
Dt:
Statements to ,. ■
be sent to Gxr-
^yérojöebt. ’’
Civil authority.
Complaints and
Appeals., .*
Complaints to
he referred; to
inferior Courts.
iwufts w hich involve
any right
of the Co verm»
,'mënt., *,
-Appeals from
the Bopati’s
Chutes*-
l® e n reversing
or confirming.
Fees- from the
appellant.
Fee on original
complaints. .
Answer to the
complaint.
Mbcte of triah