Art. 3. In the management and prosecution of cases, they shall conform to the mode of proceeding established for the Courts of Justice respectively.
A r t . 4 . ït shall especially be the business of the Fiscals, to be careful at all trials in criminal Cases and during the sessions of the Court, that on their part,
»11 the witnesses, proofs and documents, relating to the case, be in time produced.
It is no less their duty, to see that the criminal is not deprived of any aid or assis-tance he may require in making his defence, and that the witnesses of the prisoner he also ready in attendance.
^Art. 5. The better to observe the instructions above-mentioned, the Fiscals shall keep up a regular communication with the Magistrates and Officers of Police re-siding under the criminal jurisdictions of the Courts of Justice to which they res-pectively belong.
Art. 6. The Magistrates, and all other Officers of Police, shall, on their part,
immediately after the arrest of any person, suspected or accused of an offence,
triable by the Courts of Justice, give information thereof to the respective Fiscals
without delay, who thereupon, (if the distance permit, ) shall attend and assist at
the first interrogation of the criminal, and the investigation of the circumstances,
on which the Magistrates shall either release or detain the prisoner :—but the
Fis-cals at such investigation, shall have,no authority or influence in the matter..
I indie Ai obtai
g 0n at the investigation, the respective Magistrates and Officers of Police, to w b £ * « the power of arresting and -committing suspected persons belongs, shall i m ^ n d t diately after examination, if grounds of committal are established, transmit to j ^ P » Fiscal/the informations and examinations taken before them, with the names of * the parties concerned.
Art. 8. The Fiscaîs, in case the evidence should not, upon the face of s u c h j formations and examinations, appear sufficiently strong to w a r r a n t e e commit«*
•of the prisoner for trial, shall communicate with the Magistrates in order to o b t ^ ^ the fullest possible knowledge of the facts.
Art. 9. t h e Magistrates having transmitted all the evidence they have been j ^ to collect, relative to the offence; if the Fiscal d o ^ n p t t i i i n k it sufficiently comple ^ he shall himself farther inquire and take the depositions of such further witne* ^
as may be procurable, and keep an accurate register of the same. ^ Art. 10. K finally, the Fiscal is of opinion that the evidence is insufficient to p
warrant the criminal detention of the prisoner, the Fiscal shall address himself m a d
Batavia to the Lieutenant Governor, and at Samarang and Sourabaya, to the cj pr o s
civil authorities in those districts, for further instructions as to the continuance' A
the detention or release of the prisoner, to tl Art i L Should the Fiscal be satisfied of the grounds of the prisoner's com« juri tal, or his, previous doubts thereon be removed, he «hall nevertheless still make'; thai ther inquiries into the truth of the charges during the prisoner's commitment previous to his trial, that no possible existing proof may be wanting, at his tnal fore the Court.
Art 12. The Fiscal shall at'least eight days previous to the day of the I
.oner's trial, deliver to the President of the Court, and to the prisoner in A ^ case, a solemn act of accusation, or indictment, containing the name of t h e !
«oner, the legal denomination of the crime or crimes of which he is accused, « .
a detail of all the material circumstances under which the crime or crimes tio charged to have^ been committed, and which may be of any weight, eitb*
aggravation or extenuation thereof.
Art. 13 T h e Fiscals shall moreover take care, that after they have fur«
such written act of a c c u s a t i o n the prisoner, he has all reasonable advantage ^ opportunities allowed to him, consistently with his safe confinement, in taklif
aid and advice of Counsel, or of his friends, and summoning such witnesses » may'deem material to his defence, to appear on the day of trial.
trar
3ft
1 Art. 14. At the day of trial, the.Fiscal must take care that the prisoner's wit-j e s s e s are not deterred in anyway from appearing in Conrt to give their evidence, i d that the prisoner f a l l o w e d , e v e r y due means of defence; and he shall also , ;l be particularly careful to produce all witnesses and proofs that may he necessary
f Jon the part of the prosecution, in support of the said written act of accusation or ' indictment.
Art. 15. When the Justices are seated on the Bench, the Fiscal, after having ' J obtained previous permission from the President, shall open the pleadings and read
btf aloud, (in the hearing of both the J u r y and the Prisoner) the act of accusation, or indictment preferred against the Prisoner.
i Art. 16. After the witnesses for and against the prisoner, and his counsel shall
\ fa «*
j have been heard, in answer to the facts and charges contained in the said act of ac-' j cusation or indictment, in the prisoners defence ; the Fiscal shall have the right of
" refuting or rebutting the allegations or proofs adduced by the prisoner, and ( i f
^c e s Sa r y for the attainment of substantial Justice) he shall be at liberty in reply,
•nt-to point out any incongruities, contradictions, or inconsistencies, in the defence if made, or proofs adduced by the prisoner/in maintenance and support of the
c prosecution.
GS Art. Î 7 . in order that the Fiscals may be enabled to fulfil the duties assigned ' to them, they shall have the superintendence of all criminal prisons, within the
irisdictlort, of the respective Courts to which,they belong, and shall take care .ei that all persons arrested for crimes, triable at the general criminal Sessions, be d transferred and lodged in the prisons of the respective Courts, within whose im-iai raediate cognizance the case may be.
Art. 1 8 . - T h e Fiscals shall moreover take care that at every session, and during
e [ the circuits of the respective Courts for the trial of criminals, that all persons J whatsoever in custody, on charges for criminal offences, are brought to trial before
e i the close of the session.
, 1 Art. 19. The Fiscals shall also be bound to use every vigilance in the execu-esi tiou of their duty, and to guard against any abuse of power or extortions which M may be committed by the different officers of Police, within the limits of the
cri-minal jurisdiction of the respective Courts j and whenever such abuses of power J or malpractices, by Officers of Police may come to their knowledge, they shall J make a faithful report of the circumstances to the Lieutenant Governor, by whose
direction they will be further guided.
Art. 20. In all appeals in criminal cases, made to the Supreme Court at Ba-tavia, from the sentences or proceedings of any of the Inferior Courts, the Advocate