Effects .of deceased
persons.
Courts' of fC#*
cuit; . f i
Judges of Circuit.:
Oath to be
taken by them.
Report to be
given to the
Circuit Judge
on his arrival.
lxviii A P R £ Ô I-X.
islands in the vicinity, being, both in form and substance, nearly identified- (differing
only in-some few instances in sbadesr slight -and of little moment), -.it cannot be
considered as repugnant to the principles of justice, that they be at once 'Iffeld
amenable to the jurisdiction established for this Island* dùring their continuance on
it; and it is therefore ordered, tha t they be looked on and; proceeded with in mariner
no way differing from that prescribed for the actual natives of Java;.
150. In the event of- the death of any British inhabitant or passenger within his
district,- it is the duty of the Resident to place the seals of office immè'diâtelya.éri th'e
effects of the deceased, after defraying the expense of interment, and to report the
same immediately for the farther orders of; Gfbyernment ; and in the event of'the
death of Burghers, Chinese, Mussulmen, or others, he will be guided-by «&lSWs'jmd
regulations existing on that head. In all cases, he will'be careful that no injustice be
practised in this important subject, and that where arrears are. dtieJfb' Governtabnt^ho
property be. transferred or sold until the same have been satisfied, or «ntil ■ t e
pleasure of Government is known.
J51.: The Court of Circuit has already been established by. the fifth clauSWof the
Proclamation by Government, dated the gist January 1812. But as the taking away
at. once the President and one Member from the Courts of-Justice rende'reeL-thósé
Courts in their absence incompetent to carry on the currènt business of their districts,
and as a more particular definition of the duties attached do this ^dOpartmeflt ié
deemed necessary, the following sections must be" considered "as an ènïaFgement and
modification of that clause.
152, In order to ensure the regular, certain, and impartial administration of justice;
throughout'the.differont districts of the Island,-one MembSr-bf the Supreme Court of
Justice- at - Batavia* and of the Gonrts of Justice at Sèmârtmg. and tÿüratfâÿa^ shall
four times in the year, at stated periods; or oftener if lïècéssary^mafô^a ciRciftt
through the districts under the jurisdiction of their respectif 'Courts, fortlie purpose of
hearing and trying all such offences and criminal -cases within the sèirrëj- as shall havé
been made over to them by the Magistrates appointed for that purpose. -
List of persons
discharged for
want Of evi-l
153. Previously-to entering upon the execution of the duties-of his office, each-of
these Judges shall take and subscribe, before the Honourable the Lieutenant Governor
in Council, or any person appointed by him to administer the same, an oath jri titë
same form as already laid down for the Residents in Section 86 of this Regulation:'
154-, Upon- the arrival of the Judge of Circuit the Resident ör Magistrate shall
have in readiness to deliver to him a list of the persons committed tó’pnson, or held
to bail, for trial, together with the copies of the charges preferred against each,- their
confessions, if any have been made (but these, it must be observed, mus^always he
received with circumspection and 1 endemess), or if they have pleaded not guilty, the
depositions of the witnesses, and all other proceedings held by him in the respective
cases, previously to their commitment to prison, or being held to bail.
155. He shall likewise submit to the J udge of Circuit, on his arrival at the station,
a separate list of all such persons as he may, within' thé last ‘three months, hav’é
apprehended
À, B® E N D IX Jxix
apprehended and discharged for want; of slifiBciéifPêyid^hce against them ; that is, of
all such'as would, had-'pRësumptióll'-'&f gflilt been sufficiently established; have been
ma4e,-oy©r' to tE^GOua-r of Circni^for trial.
«40.56. »The'Jndgei of ©ir-dtrilMshalbffien'pfoceed1 tdf ffipld h is ’Gourt. SdCh officers
shall belóngitorit as he may havé brought with him for "that- purpose;1'' and he shall be
jaMdridecf by all such otliêrs.bétó'hgirrgtothé' Rêsidentsestablishment; 'as he mayAeëm
i|(^<ggs:SÖry; 1
"'157. The Court shall-beiJield ib th^ffaserban^ or usual chief room of'^jjtóeé belonging
.'to* the statión; and the 'ReSidterit, in caWying oö" any yiaiSi'aff 'OT magisterial
proceedings, during thê-WÖntifiüaftcé' e fth e J udge of CirciSPat his'stkfisöri/shrill use
for that pnrpbse’ some other convenienjyila.ee. (
" 158e1 On opening the Court'tiife-head Jaksa shdU’prfeserit a list Of jiérèöns 'sumnioned
to act as JOryiften'c-'Oiit -of which °fivêêfehall; ‘bé taken in thetisuaPfflanOer, 'aha be
empannelled.
"159. -The persbnétmnip’ósifig' this Jiiry ought to bê*asJ néalr Ön'an éqüalïty, Us to rank
in life,' with the prisoner,’^S^'posriiblfe. Brit-mO'^-oue^ii’nder !t{ie'rank'of a Head of ;a
'Village shall h e ‘competent to ctct'as a Juryman,1 as’ person^'bélow thaFofïme1, Bwirithè
very lower orders of caVbe supposed to possess either independence OTKnmyledge
sufficient to. qualify them to execute .justly the duties fof .the sit.u,ati^n,j jTftejjerson
Senior in dignity among them rshall be ^appointee!sto abt ari foreman; and,' for thjs
purpose, ét mayöb'e as w e l l that em® Of - higher rank than the Other 'fdur^shóuTd be always
selected in the ffifst nomination' Ofj fhe jiify. '
'160'. A- 'right-of! challenge shall1'belong, ;aS;'ip^tlie English- Godlls, io botn tne
prosecutor and ^he prisoner.
... I6l. The Head 'óf the- Village -in which- the offisnee is 'dirègédl!to:: hrive' B^pfi .cpp-
mitted shall not be permitted to act as Juryman in-the-trial.
■ i®2.‘'Np other prescribed disqualification1'exists against* jfeareOns "or that ér higher
rank; the right‘of challenge being - flèemed Sufficient
competent, unbiassed, • an'd; independent Jury.
163. The cadge" shall then be proceeded with ;
become the duty'of'the Resident to see that-'it be 'carried uuly into eXecumnTia
warrant for that purpose being given to him, 'ÓMdeï the seal and signature of the Judge«
of Circuit.
a/164. The Circuit Judge, throughout the- coitduct'cif' the scahse,‘iri| his motjei^of
proceeding, of summing up the ovidëncfe, receiving'the verdict of the Jury, and'passing
sentence bn the prisoner, shall be; guided entirely* 'by-'’ thé estatïïisjiëa rujes ;0f-.h'is
Court, thé Regulations of Government, and the general instWctions'he wm receive*.
!i 165, And with respect’to the law which must gilidè 'fifmrthroughbut,' h‘e must, in
the first instance, take down the native law in the case as; ‘may be expounded by„ihe
Pgmghtilu and J&ksa; and modify thereon' his decision, according to the provisions of
the colonial law, and tiie’acknowledged principled of sih>stai)tiqt'justice* ‘
APPENDIX.
dence against
Officers ftelôûgr
ing to theGif-*
cuit Court.
Placé of holding
the Circuil
Court,
Jttrÿ' tö' 'bb ag-
göiiitëd; '
Wliat -^class' I of
people ought to
foiUittg Jury.
Right of challenge.
Disqualiffpa-
tfo u fo r We\of-
Seeof juryman.
No other dis-,
qualification.
TheResident to
'^ r r y iïïtó exè-T
sehf
teheeqlt^',,
Circuit Judge,
Ruigs > p i the
gpidanc# pf the
Circuit Judge.
Law M jvhicÊ'
his decisions
must he foim-
1%: ^
riot.