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PROVISIONAL INSTRUCTIONS for the Magistrates of Batavia

In document JUDICIAL -AND POLICE DEPARTMENTS (pagina 151-155)

Art. 1. Ü. H E R E stall be four Magistrates appointed by Government, each having the authority of a Justice of the Peace in England, for the Police and other Magisterial duties of the city of Batavia, arid its Environs.

Art. 2. Of these Magistrates, oneshall be appointed by Government t o b e P r e -sident, who shall be authorized to assemble the other Magistrates, and to hold a Sessions or Court, to be namsd and designated The Bench of Magistrates of Bata-via, and which Sessions or Court shall be considered qualified to act in all its functions, when composed of one Magistrate besides the President.

Art. 3. The Magistrates of Batavia shall be assisted, by a Bailluw or Bailiff for the City,—a Bailluw or Bailiff for the Environs,—-à id a Water Fiscal for the Roads of Batavia, with other proper and inferior Officers of Police/to be appointed by Government, and to be immediately responsible to the President and other Mem-bers of the Bench of Magistrates.

Art. 4. Each Magistrate is individually charged, during the adjournments of the Bench of Magistrates, with the conservation of the peace, within the City of Batavia and its Environs, and is empowered to suppress Riots and Affrays, to take securities of the Peace, and to apprehend and commit felons, and other inferior Criminals, reporting his proceedings to the Bench of Magistrates, at their first meeting".

Art. 5. The Bench of Magistrates are, when assembled, especially charged with ihe maintenance of the Peace within their Jurisdiction, with the apprehension of all vagrants, and offenders against the Law, and the general peace of society ; they are to examine and enquire into, all such offences and crimes as may be committed against the state, or individuals ; and after having investigated the same,.they are to commit for trial, before the Court of Justice, such offenders as on testimony and information on oath, by creditable witnesses, may appear to have been guilty of crimes, for which by the existing Law they would be sentenced, if the parties are Chinese, to severe punishment beyond whipping, transportation from the Island for an unlimited time out of irons, or condemnation to public works in -'irons,' for two years; or if Europeans, to imprisonment beyond three months, banishment from the Island, fine exceeding three hundred Spanish Dollars, or D e a t h ; binding over t h e witnesses in each case, to appear when required, to give evidence in the Supreme Court of Justice.

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Art. 6. The Bench of Magistrates are authorized and empowered, to give orders concerning the maSdqg, repairing, and cleansing of the roads, streets, bridges and

other purposes of police, as well as for the trial and punishment of misdemeanors, and to do such other acts as are usually done, by His Majesty's Justices of the Peace,/

at their Quarter Sessions in England, as nearly as circumstances will admit and re-q u i r e ; save and except that the confirmation of all Sentences, and the revision of their proceedings, shall when necessary, rest with the Honorable the Lieutenant Governor.

Art. 7. T h e Bench of Magistrates shall have full power and authority by .them-selves, without any inquest or j u r y , to enquire of, hear and determine, all breaches of the Peace, Quarrels, Controversies and other Crimes and Misdemeanors whatsoever, other than and except Treason and Felony, and to cause such witnesses as may be necessary to be summoned, to-give evidence before them upon oath, and to award and cause punishment to be inflicted, on such persons as shall be found guilty before them of any offences as aforesaid, so as such punishments be not greater than those expressed in article 5th :—if the parties are Europeans, imprisonment beyond three months, banishment from the Island, or transportation beyond Sea, or fine exceeding three hundred Spanish Dollars, and so also as such punishment shall not be repugnant to the religions, customs or manners of the person or persons on whom the same are to be inflicted :—and the Bench of Magistrates when assem-bled, are accordingly, authorized to proceed to the trial and punishment of such offenders, in such summary way, and to give such orders thereon to the Bailluw or other proper Officer, as shall be most consistent with the attainment of substan-tial Justice.

Art. 8. The jurisdiction of the Bench ef Magistrates shall be defined as follows :—

Westward, from the City of Batavia, to the new Boundaries of B a n t a r a . -Southward, to the Boundary of the district of Buitenzorg —Eastward, to the Boundary of Crawang, including the City of Batavia, the Ro.ids as far as the Island inclusive, and the Environs as far as the Lands of Buitenzorg, the R e -gent schappen, and Bantam.

Art. 9. T h e Bench of Magistrates are authorized to make regulations and orders, for the general security and safety of the Streets and Roads, and to order

the necessary measures to be taken in cases of fire, and for the regular supply of the necessary articles of provision ; such regulations and orders as may be intend-ed for general observance, being always previous to publication, submittintend-ed to the

Honorable the Lieutenant Governor for approval.

Art. 10. The Bench of Magistrates shall likewise regularly, fix the prices of the different articles of provision, and the necessaries of life ; and once a week, or

oftenei» if necessary, shall publish a Tarriff,or Price Current of the different ar-ticles exposed for sale in the public Markets, and also hear and determine all complaints against persons demanding higher prices than therein stipulated :—

they shall likewise have the direction over, and superintend all Shambles, M a r -kets, Taverns, Public Lodging Houses, and Houses of Entertainment.

Art. 11. The Bench of Magistrates shall be careful, that no strangers are allowed to be within the jurisdiction of the City and it's Environs, without their knowledge whence they came, where they reside, and what are their intentions ; and no persons whatever shall be allowed to quit the jurisdiction of the M a g i s -trates, Without being provided with a regulär passport from their office, except such as may be travelling under the orders of Government.

Art. 12 Notice shall be given to the Magistrates, of the arrival and depar-ture of all Ships and Vessels, and no Ship Or Vessel shall be allowed to receive her Port Clearance, until the Commander obtains the Certificate of the Magis-trates that he has conformed to the existing regulations.

Art. 13. All Title Deeds, Transfers of Houses, Gardens, Lands, and other fixed property, as weil as of Ships and Vessels, shall as heretofore be made out and re-gistered, at the Office of the Bench of Magistrates :—in the same manner shall all mortgages of property and emancipations of Slaves take place as heretofore established; the Bench of Magistrates being authorized and empowered in all such matters, to exercise the same superintendence and duties as were heretofore exercised by the former Court of Schepenen. >

Art. 14. All Records, Papers, Muniments, and Archives, as well as all move-able or immovemove-able furniture, appertaining to the Court of Schepenen is to be transferred forthwith, to the Bench of Magistrates, and to be considered as

under the immediate charge of the President of the Magistrates.

Art. 15. The Bench of Magistrates shall be authorized to administer oaths, and to certify attestations and declarations, whenever applications for that pur-pose may be made to them by any person or persons.

Art. 16. The Native Churches and Mosques, and all Native religious estab-lishments as well as the Poor Houses, Houses of Correction, and other similar establishments, are placed under the immediate Superintendence of the Bench of Magistrates. All the duties heretofore performed by the Court of Matrimonial Concerns and Small Debts, which may not be transferred to the Court of Requests, are also to be performed by the Magistrates, and the records of the said Court

are to be transferred accordingly.

Art. 17. The following Duties heretofore collected by the College of Sche-penen shall continue to be collected by the Bench of Magistrates ; viz.

f i v e per Cent on the Revenues of the Bazars and Markets, agreeably to the

Proclamation of the 4th February 1800. / T w o per cent on the sale of fixed property, and one month's house rent

annual-ly for the houses situated in the Town of Batavia.

Half per cent on the houses, premises, gardens, &c. in the suburbs, and within the limits óf the City of Batavia, and on the lands situated in the environs of Batavia, agreeably to the resolutions of the 21st J u l y 1804, the 27th March

1805, and of March 1811.

T h e duty of the ferry from the camp of the Chinese, to the Rebalts gang.

T h e ferry near the bridge called the Vierkant's B r u g . T h e passage duty over the bridge of the river Ankee.

T h e duty of the passage over the river Anjal.

T h e duty of the ferry, from Klinting tó Biandonggang.

T h e duty of the dam, where boats are drawn over at Molenvliet.

T h e duty of sluice at Tangerang.

T h e farm of the Oorgeld, or tax upon Carriages and Horses, &c. &c.

T h e annual contribution of the Land Oedjong Meating, &c.

T h e amount of the above collections shall be regularly paid into the Honorable Company's Treasury, whenever the balance in the hands of the Magistrates, shall exceed one thousand Spanish Dollars, with whom a larger sum shall not at any time remain, whether the same may have been received on account of the above duties, or on account of fines or fees.

Art 18. AH fines and fees of what nature soever, shall be paid into the Hon-orable Company's Treasury monthly, and a regular account of the same kept, and transmitted to the Accountant.

A r t 13. In all-matters not herein specified, the Magistrates are to be guided by the Proclamation of the 11th September 1811, and ä i s t January 1 8 1 2 ; and in

emes of difficulty, reference is to be made in the first instance, to the Honorable thé Lieutenant Governor.

Art 20. T h e President, Magistrates and Officers of Police shall not be au»

t h o m e d to enter upon the duties of their office, until they shall have duly t a b » the prescribed oaths. - , : ..;....'•'

Art. 2 1 . AU Native Captains, Lieutenants, Commandants, and other person«

charged with the Police, in the City of Batavia, are to be immediately subordw-. ate to the Magistratessubordw-.

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Ar«, 22. t h e Bench of Magistrates shall be charged with the immediate

Sa-petiafettämce of the Boedelmeesteren, of the Chinese and other Natives, and of the

•Lombard Bank. . >

Art. 23. All applications for exclusive privileges or licences for building or pulling down houses, structures, walls and wainscots, for the construction or demo»

Ktlon of bridges, digging or filling up ditches, exercising of handicrafts, trades

In document JUDICIAL -AND POLICE DEPARTMENTS (pagina 151-155)