JUDICIAL -AND POLICE DEPARTMENTS

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FOR THE

JUDICIAL -AND POLICE DEPARTMENTS

AT

BATAVIA, SAMAR*4JVG

AMJD SOÜMAMAYA

C O N T A I N I N G

RULES FOR THE PRACTICE, AND MODE OF PROCEEDING, IN'CÎFÏL AND CRIMINAL CASES, IN THE SEVERAL COURTS OF JUSTICE—POLICE

REGULATIONS—INSTRUCTIONS AND DUTIES OF THE MA«

GISTRATES, AS W E L L AS THE SEVERAL JUDICIAL, MAGISTERIAL, POLICE AND PEACE OFFI-

CERS (DEFINING THEIR RESPECTIVE JURISDICTIONS,) IN THE DIF-

FERENT DISTRICTS THROUGHOUT

THE

ISLAND OF JAVA,

MADE AND PASSED,

BY THE

H O N O R A B L E T H O M A S S T A M F O I R © M A J F F J L E S ,

IN PURSUANCE, AND UNDER THE AUTHORITY OF THE PROCLAMATION,

OF THE

RIGHT HONORABLE

GltBMRT JLOMB MINTO,

Governor General of British India,

DATED THE I I T H SEPTEMBER, 1 S I L

A o X ^ »

BATAVIA,

PRINTED BT A. H. HUBBARD,

AT THE HONORABLE COMPANY'S P R I N T I N G OFFICE.

1812.

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PROCLAMATION.

v

JL O R thé satisfaction of the inhabitants and people of Java, the following pro- visions are made public, in testimony of the sincere disposition of the British Government to promote their prosperity and welfare. The refusal of their late Government to treat for their interests, although disabled by the events of war from affording them any further protection has rendered the consequent establish- ment of the British authority unconditional» But an English Government does not require the articles of a capitulation to impose those duties which are prompt- ed by a sense of justice and a beneficent disposition. The people of Java are exhorted to consider their new connection with England as founded in prin- ciples of mutual advantage, and to be conducted in a spirit of kindness and af- fection.

Providence has brought to them a protecting and benevolent Government, they will cheerfully perform the reciprocal duties of allegiance and attachment.

1. His Majesty's subjects in Java will be entitled to the same general privi- leges as are enjoyed by the ua|ural-born 'subjects of Great'Britain in India, sub- ject to such Regulations as now exist or may hereafter be provided respecting

residence in any of the Honorable Company's Territories.

2. They will have the same privilege and freedom of trade to and with all countries to the East of the Cape of Good Hope, and also with His Majesty's European Dominions, as are possessed by naiural-born subjects of Great Britain.

3. Dutch Gentlemen will be eligible to all Offices of trust, and will enjoy the confidence of Government, according to their respective characters, conduct, and talents, in common with British-born subjects.

4. The vexatious system of monopoly, which is understood to have ^heretofore prevailed, in some instances to an oppressive and inconvenient extent, will be revis- ed, and a more beneficial and politic principle of administration will be taken into consideration as soon and to such extent as full information on the subject can be obtained, as established usage and habit may admit, and as may be consis- tent with a due regard to the health and morals of the People.

&• The Dutch laws will remain provisionally in force, under the modifications

"winch will be hereinafter expressed, until the pleasure of the supreme authorities in England-shall be known ; and it is conceived that no material alteration therein K to be apprehended.

The Modifications to be now adopted are the following.

First. Neither torture nor mutilation shall make part of any sentence to be pronounced against criminals.

ishment shall be awarded against hira, more severe than would be inflicted b y the Laws of England (or the same crime. ,And in case of doubt concerning the penalty by English Law, reference shall be made to the Honorable the Recorder of Prince of Wales Island, whose Report shall be a sufficient warrant for . award-

ing the penalty staled by him to be agreeable to the Laws of England. N o sen- tence against any British-born subject for any crime or misdemeanor, shall be carried into execution until a Report shall have been made to the Lieutenant Governor.

Thirdly. Nó sentence of death against any person whatever shall be carried into execution until Report shall have been made to the Lieutenant Governor.

Fourthly. The Lieutenant Goveroor will have the power' of remittal0-

moderating or confirming, all penalties excepting inconsiderable fines, short impri- sonment or slight corporal punishment.

Fifthly. British-born subjects shall be amenable to the jurisdiction of thé D u t c h tribunals and to the Dutch Laws in ail cases of civil complaint or demands whether 'they be Plaintiffs or Defendants.

Sixthly. Ail British-born subjects shall be subject to the regulation^ of police, and to the jurisdiction of the magistrates charged with the execution thereof, and with the maintenance o£ the peace and of public tranquillity and security.

Seventhly. All persons belonging to or attached to the army, who are by their condition subject to military law, shall for the present be tried for any crimes.

they may commit only by'courts martial, unless sent by the military Authorities to civil courts.

Eighthly•> It being necessary in all countries that a power should exist of forming regulations in the nature of legislative provisions adopted to change of circumstances or to meet any emergency that may arise, and the great distance of the British Authorities in Europe rendering it expedient that the said power should for the present reside in some accessible quarter, it is declared that the Lieutenant Governor shall have full power and authority to pass such legislative regulations as on deliberation and after due consultation and advice may appear to him indispensably necessary, and that they shall have the full force of law.

B u t the same shall be immediately reported to the Governor General in Council m Bengal, together with the Lieutenant Governor's reasons for passing the said regulation and any representations that may have been submitted to him against the same; and the regulations so passed will be confirmed or disallowed by the-

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Govemor General m Council in the shortest possible delay. T h e mode în which fite Lieutenant. Goveroor shall be assisted with advice., will hereafter be mad&

known* and such regulations will hereafter be framed as may be thought more conducive to the prompt, pure., and impartial administration of justice, civil and criminal.

Regulations respecting the paper currency as well as the relative value of coins circulating in J a v a , will he published in a seperate paper of this date»

Baa e a t Molenvliet the 1.1th September 181 L

By His Excellency-the'Governor General of British India

(Signed) M I N T O .

PROCLAMATION.

H E R E AS the R i g h t Honorable Lord M I N T O , Governor General of India,, having previously to his departure from Java, directed the attention of this Gov- ernment to the importance of transferring to the Supreme Court of Batavia, the Judicial Administration of Justice heretofore exercised by the Court of Schepe- nen, and to the necessity of new modelling the Court of Justice at Samarang, and Sourabaya, as well as the other inferior Courts, on the principle of separating as much as possible the Judicial from the Police duties, and placing the General Administration of Justice on a footing so as to insure the purity *nd impartiality of the Officers entrusted therewith.

T h e Honorable the lieutenant Governor in Council, has in pursuance thereof, and by virtue of the authority nested in him by the Proclamation of the 11th September, 1811, been pleased on deliberation and after due consultation and ad- vice, to establish the following provisional regulations for the more prompt, pure, and impartial -administration of Justice, Civil and Criminal, throughout the Island of Jaya.

First. T h a t from and after the 31st instant, all Judicial and Police Esta- blishments, of what nature soever, heretofore existing on the Island of Java, shall cease and determine, and that in lieu thereof the following Judicial and Police Establishments do take effect.

A T B A T A V I A .

i.

A Supreme Court of Justice, consisting of a President and three Members.

A Beneh of Magistrates, consisting of a President and three other Magistrates.

A T S A M A R A N G , .

A Court of Justice, consisting of a President and t w o Members.

A Magistrate and Bailluw.

A T S O U R A B A Y A .

A Court of Justice, and a Magistrate, the same as at Samarang.

Secondly. T h a t all the j udicial jurisdiction heretofore exercised by the Col- lege of Schepenen at Batavia, be on the abolition of that Court, on the 31st in- stant, transferred to the Supreme Court of Justice, and that after the 1st of Februaiy next, the Supreme Court at Batavia, and the Courts of Justice at Sa- marang and Sourabaya, be alone competent within their respective districts, to exercise Judicial Jurisdiction, administering Justice, in Civil and Criminal cases, to all classes and denominations of His Majesty's Subjects, equal and alike under the provisions and limitations stipulated by the Proclamation of the R i g h t Hon«

norable the Governor General, of the 1 lth September, 1811.

Thirdly. T h a t the Jurisdiction of the Magistrate's Court at Batavia, and of the Magistrates in general óver the Island, be from and after the 1st of F e b - ruary, confined to matters of Police, and that they be guided in the execution of their duty, as far as circumstances will admit, by the provisions adopted with respect'to the Magistracy in the different parts of the British Empire, and which will be defined as far as practicable in the written instructions to the Magistrates, and in cases of doubt, will at Batavia be referred to, and de-

cided upon by the Honorable the Lieutenant Governor, or in his absence from the Western Districts, by the Vice~P-resident of the Council ; at Samarang, by the Civil Commissioner, and at Sourabaya, by the Deputy Civil Commissioner.

Fourthly. T h a t in Civil cases the Courts of Justice conform to the same mode of proceeding, as heretofore established for the said Courts, previous t o the establishmeat of the British Government ; but that in criminal cases they be required in the mode of proceeding, to conform as much as possible to that estab- lished in Great Britain, in all cases confronting the prisoner with the evidence, arid a j u r y being called to judge of the fact on the evidence so adduced.

Fifthly. T h a t in o'rdefr to insure the regular, certain, and impartial Admin- istration of Justice, ihoughout the different Districts, in the Island of Java, the President, with oris other Member of the Supreme Court of Justice at Ba- tavia, and of the Courts at Samarang and Sourabaya, shall twice in the year at stated periods, or as often as may be necessary, make a circuit through the districts under the Jurisdiction of their respective Courts, for the purpose of hearing and trying all offences and criminal cases, within the same, as near as possible on the spot where the offence took place.

Sixthly. T h a t the Landrosts, or Chief Civil authorities in the different dis- tricts, do form a Court with the Regent and the other Native Officers heretofore composing those Courts, for the hearing and trying of all Civil cases that may arise in the district, in which, on both sides, Natives only are concerned ; but that they be required to keep a regular record of the same, to be transmitted quarterly to the Court of Justice, and in causes where the amount exceeds fifty Spanish dollars, to submit their decision to the Court ofJustice for confirma- tion, previous to the award being made; and that in criminal cases, the autho- rities of the Landrost's Court so established, is to be confined to matters of Police, and in no cases to exceed that of two Justices of the peace in England, except in particular cases, when authorized by Government, for which a special order will be their warrant.

Seventhly, T h a t in order to relieve the Courts o f J u s t i c e from the numerous

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•mall causes that must otherwise necessarily encroach upon their more impor- tant duties, and in which cases it has been found expedient to decide in a sum- mary way, and without the delay arising from the formal mode of judicial proceeding, Courts, of the nature of Courts of Requests, be established at Ba- tavia, Samarang, and Sourabaya, for the recovery of small debts.

Eighthly. T h a t the said Court of Requests have cognizance in Civil cases where the debts or demands shall not exceed fifty Spanish dollars.—The mode of proceeding in the said Courts, to be defined in written instructions from Gov- ernment, and the decisions to be liable to appeal and revision in the Courts of Justice.

-Ninthly. That from and after the establishment of the Courts of Justice, and of the Magistracy as above directed, alt Officers of Justice and Police, be restricted from compounding crimes and offences under pain of dismissal from Office, and such ether additional punishment, as Government may, on a con- sideration of the circumstances, direct. All such transactions by the Fiscal, or any other Officers of the Court being declared, after the 1st of February next»

to be scandalous.

Ml persons yah o are now .residing cr who may be hereafter resident en the Island of Java or its dependencies, are in consequence ordered and directed to take notice hereof, and to pay due obedience and respect to the above mentioned duly constituted authorities, as they may answer the contrary to their peril.

And that no person may plead ignorance hereof, this Proclamation is ordered to be printed and published in the English, Dutch, Javanese, Malay, and Chi- nese Languages, proclaimed by beat of Gong in Batavia, Samarang and Sou- rabaya, and affixed for public information at the usual places.

Given in the Council Chamber, at Batavia, this 21st day of January, 1812.

By me, the Lieutenant Governor of the Island of Java, and its dependencies.

' T . S. R-AFELÉS.

Signed by order of the>

Honorable the Lieutenant^

Governor in Council.

J DAVIDSON, Act'g Sec, to Govt,

m

M O Y I S I O N A I L I N S T R U C T I O N

FOR THE

SUPREME COURT OF JUSTICE

AT

"

BATAVIA

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PROVISIONAL INSTRUCTIONS for the Supreme Court of Justice at Batavia.

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Art. 1. X H E Supreme Court of Justice shaft consist of a President and three Members, assisted by an Advocate Fiscal, a Deputy Fiscal, a Register and two Sworn Clerks, Well qualified for their respective situations : - t o be styled, th President and Members of the Supreme Court of Justice at Batavia,

Art. 2. T h e said Court shall be provided with a seal, bearing the Arms of Government, and circumscribed with the words, Seal of the Supreme Court of Justice at Batavia.

Art. 3. The Members of the Supreme Court shall not bear' near affinity in re- lationship to each other, that is to say, Father and Son, Father in law and Son in law, or Brothers and Brothers in law, are not competent to be Members at i the same time, except where such affinity arises after their appointment, when

it shall not disqualify such Members ironi continuing in their office.

Art. 4. No members of the Court shall be allowed to .judge in cases wherein the parties concerned, relate to them in the sixth degree of affinity, or consan- guinity inclusive.

Art. 5. No member of the Court is allowed to be a Farmer of Revenue or partner, or security in such purchases, either directly or indirectly.

Art. 6. It is also not permitted to any of the members to accept of gifts, dona- tions or presents, fro™ a„ y perso.., who may or shall have a suit or cause depending before the Court on penalty of dismissal from office, and forfeiting their salary, from the moment such transactions happen.

Art. 7. No member of the Court shall be allowed to give any counsel or ad- vice to persons actually having, or likely to have a suit before the Court; and if any member should happen to give his counsel or advice, inadvertently, in a case which should afterwards be brought before the Court, he shall decline giving his judgement in such case, on penalty of suspension from office for twelve months for the first time, and dismissal and disgrace for the second.

Art. 8. On the first Court day, after the first of January of every year, each member shall be required to make oath, that during the preceding year, he has not accepted of any gift, fee, or perquisite, contrary to law. Th.e following is the form of oath to be administered.

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- ï do most solemnly declare and swear that I Lave not received or enjoyed any present, fee, or reward whatever, great or small, in the last year, from any per- son having-or likely to have a cause before the Court ; neither by myself, my wife, children or family, nor by any other person connected with me, and I do further

promise to continue to abstain from all such practices, and to keep myself pure and upright in the discharge of the duties of my office "

e' So help me G O D . "

Art. 9. The Supreme Court of Justice at Batavia shall administer justice in t h e 'name of his Majesty the King of the United Kingdom of Great Britain and

Ireland.'

Art. 10 They shall administer true right and justice to all who require it/

without respect'of persons, whether rich or poor, small or great, or of what condi- tion soever they may be, shewing neither favour, fear, nor d i s s i m u l a t i o n to any,

but faithfully carrying into effect, all sentences, decrees and ordinances, according to the true intent and meaning of the law, and the existing regulations.

Art. 11. It is to be understood'however that all sentences in capital cases, shall be first sent to the Honorable the Lieutenant Governor for approval, before carrying the same into effect ; and to him also, incases of corporal punishment, is reserved, the right of pardon or mitigation of punishment.

Art. IS. T h e Honorable the Lieutenant Governor in Council, is likewise empowered to grant a provisional suspension of sentence, or to stay the proceedings in Criminal and Civil cases, and to confirm or continue such suspension by and

„ i t h the advice of the Supreme Court of Justice at Batavia, according as circumstances and due deliberation may best appear to warrant.

Art, 13. For the due execution of sentences confirmed in the above manner, as also all other sentences, decrees, ordinances, and appointments of the Court of Justice at Batavia, the different Officers and Servants of the Supreme Court, and the Police Officers within the limits of its jurisdiction shall be required, and they are hereby ordered and directed to lend proper assistance upon monition and authority of the said Court, on pain of forfeiting their situations and being further punishable by the Court, according to the circumstances of the case.

Art. 14. The Court' of Justice at ' Batavia, is to regulate itself in passing sentence according to the former Dutch system of legislation, under such restric- tions and stipulations, as are mentioned in the Proclamation of the Right Honor- able the Governor General, dated 11th September, 1811, by which cruelty, tor- ture and extortion of confession are in all cases forbidden.

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Art. 15. With regard to % manner of proceeding in civil or criminal casés, the Court of Justice shall regulate itself according to such instructions as are, or shall be provisionally established by Government for it's guidance. /

Art. 16'. The Members of the Court of Justice at Batavia are on no account to decide, or pass sentence ID any matter either civil or Criminal, in the absence of the President of the Court.

Art. 17. In case of the absence of the President, the other Members of the Court shall be competent in civil cases, to hear the proceedings, receive petitions and do such other current business as may be necessary.

Art. 18. The Supreme Court of Justice at Batavia shall have direct and immediate cognizance of all civil cases and disputes, that arise within the limits of the Town of Batavia, and the jurisdiction of the former Court of Schepenen without observing any distinctions, between Government servants and other free subjects, whether Europeans, Chinamen or others, of whatever denomination, in all nutters, that are not cognizable by the Courts óf Requests or officers of

Police, such as the Bailluw, Landrost or other Magistrate.

Art. 19. The Supreme Court' shall also have direct and immediate cöo-ni- ïance of all civilcases'and disputes arising in the environs-of Batavia, the Country of Bantam, the District of Buitenzorg, the Jacatra and Preanger Regencies, Crawang, Cheribon and Tagal, in so far as in the said cases, Europeans 'are con- cerned either as Plaintiff or Defendant; provided the same are not considered to be matters of Police, falling under the cognizance of the respective local authorities.

Art. 20. Finally the Supreme Court shall have direct and immediate cogni- zance in all civil cases arising in the, abovementioned Districts, where the parties are boih Chinese. In cases, however, where the one party is a Chinese and the other a Javanese or other Native (not a Christian) the caseshall be considered to come under the jurisdiction of the respective Landrost's Courts, or other civit authorities competent thereto.

. Art. 2 1 . The Supreme Court shall be competent to receive and hear appeals

111 a î l c l V i l c a s e s> referred to them, from the Courts of Justice at Samarang and ouraoaya, in the same manner as heretofore, and from the Landrost's Courts,.

~ ' «-equests, and other inferior Courts, excepting such where their de- terminations are considered as final or conclusive.

fâ. The Supreme Court shall also be empowered to revise the proeeed-

l ngs of all inferior Courts, when complaints are made of unlawful delays, r e g u l a r proceedings having taken place, and tVcoofirm or disapprove such Proceedings, according to the merits of the case.

befor case, With

A Ï

Art. S3.—In criminal cases, the Court of Justice at Batavia fakes immediate cognizance o f a I I c a p i t a l c r i r . e s and offences committed within the limits of the D U t r ^ t of Batavia, and its former Jurisdiction, the environs of Batavia, the country of Bantam, Buitenzorg, t h e J a c a t r a and Preanger Regencies, Crawang, Cheribon, and Tagal ; but in petty offences, such as quarrels, assaults, fighting, and small thefts, pilfering and other misdemeanors, punishable by a small fine in money,

whipping, or by removal from the Island, shall be considered as matters of Pouce, bubl cosnizable by the Magistrates or Lamirosts, as far as they are empowered thereto We t by their several instructions.

A l t 24.—The Sessions of the Supreme Court of Justice, for the trial of all

piçti

rities to th criminal cases described in the above articles, will be holden at certain penods

hereafter to be fixed by the C o u r t ; for the City of Batavia, and its former juris- diction at Batavia, and in the other Districts by regular circuits ; to be held for the Districts of Bantam at Tangarang or Ceram ; for the environs of Batavia, at

Tanjong Chimangees, or Buite/uorg ; for Chanjore and Crawang at Chanjore ; ofaI for the rest of the Preanger a # Cheribon Regencies, at Bandoog or Sumadang ; pros,

and for Cheribon and Tagal, at Cheribon. A]

A r t ?5 _ T h e above circuits shall not be held otherwise than under the Su- Mnju

p^rintendenceofthe President of the Supreme Court of Justice at Batavia, who U * , shall be accompanied by snch Member or Members of the Court, selected by the he*

L -.„„„ »n «r rpr»!i! "p d for the determination of Ci- *

President, whose presence is not necessarily r e q u . . e a io, u A l

vil causes, depending before the said Court. ave

' Art 96 _ ï „ case of indisposition of the President of the Supreme Court of p a Justice at Batavia, the Honorable the Lieutenant Governor shall nominate erther ^ a Member of the Court, or any other individual specially to preside at the above A

circuits, in conjunction with such other Member or Members of the said Court, U e leg-p,

as he may deem necessary. , ö '

Art 27 Appeal may be madeto the Supreme Court at Batavia, from all sentence« e«, passed in criminal cases by the Courts of Justice at Samarangand Sourabaya, or any », t!

inferior Courts on the Island of Java and it. dependencies, inflicting capital,, or any £ n , other punishment beyond whipping and banishment, or imprisonment for six years, ^ or condemnation to public works for#ihree-years, whether such sentences be found-

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ed on the confessions of the criminal or not.

Art 2 8 . - A 1 1 petitions in case of appeal from inferior Courts, or from decisions K of arbitrators,'shall as heretofore, together with the request'for relief a g a i n s t ^ omissions committed on the part of the petitioner in the prosecution thereof, be hud "(

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before the said Supreme Court of Justice, and all the documents relative to such

c;ise, shall be forwarded to them at the same time duly authenticated, together frith a register of the same.

Art, 29.—Persons deeming themselves aggrieved by' any excesses of authority, '"justice, or extortion, practised or committed by any Magistrate or Officer of the Police, such as Brosts, Fiscals, or others, entrusted'with the preservation of public tranquillity, shall state their grievances in the first instance to the Honora- ble the Lieutenant Governor, or the Chief Civil Authorities in the Eastern Dis- pjctsj and if the Honorable the Lieutenant Governor or such Chief Civil Autho- rities are of opinion that a judicial process is necessary, the case shall be referred

*° the Supreme Court of Justice at Batavia, or to the Courts of Justice of Sama»

F a rg and Sourabaya, according as the same happen within their several juris»

Pçtioas«

• '

« Art. 30.—The Supreme Court of Justice at Batavia shall also have cognizance

; c- all criminal cases which have been or may be allowed to remain without being

°' Pr°secuted for more than twelve months by any of the inferior Courts of the Island.

Art'. 31.—Whet" any local customs, practises, or usages are complained of, as - Unjust and irregular, the Supreme Court shall be authorised to take cognizance a hereof, and upon proof and sufficient grounds to declare them illegal, and abolish e t i i em accordingly.

Art 32. The Court shall also be authorized in cases where errors or omissions p v e taken place injudicial acts or proceedings to exonerate the parties from the ,f "sual effects of such errors or omissions, on petitions being made, and on due cause

;r ejng shewn for such indulgence.

Art. 33.—The Court shall however not interfere with the granting of special

«Hits or relief implying an exemption from the common law or of special privi-

; Ses, eUher with regard to the acceptance of inheritances, and the obtaining of a

?» 'eneficium imeniarii or that of restitutio in integrum against existing contracts, iy Uie obtaining of a beneficium cessionis, or the benefit of the rescriptum mora-

5y lUm. lßut all such licences must be granted by the Honorable the Lieutenant

• s, vernor in Council to be referred to the Court for enquiry and investigation, d- 1[i to be proceeded upon in the usual way.

-i. 34,—All cases wherein the Government of Java, or the Honorable the t-lndia Company, are concerned as Defendants, shall be exclusively tried be- - mé Supreme Court at Batavia, according to such regulations'as shall hereaf- aid e r be established.

Art. 35.—^The Supreme Court only is competent to receive and investigate the complaints of any person feeling himself aggrieved by any charges or insinuations!

privately thrown out to his prejudice by any public prosecutor or Officer of Justice, and to allow the said complainants to summon such public prosecutor or other Of- ficer of Justice, to enter publicly his accusation against him, and to witness t h a i be shall clear himself of the charge or imputation alleged.

Art. 36.—Persons residing within the jurisdiction of any inferior Court at J a v a / shall according to the established usage, not be allowed to submit' their differences to a superior Court, in cases not exceeding the amount to the ex- tent of which the inferior Court is authorized finally to decide without appeal.

Art. 3 7 — A l l summonses, sentences, decisions, (or otherwise) of the Court, regarding persons residing in Europe or any of the settlements in India, shall be transmitted to the Honorable the Lieutenant Governor in'Council, with a request that the same may be forwarded to the places where such persons reside, in order;

to be duly issued.

Art, 38.—-The Supreme Court of Justice shall be "considered as the Superin- tending Guardians of all minors, insane, and absent persons, resorting under their jurisdiction, who have left no atténues or Agents to take care of their estate or effects, and they are authorized at any time, and further shall once every year, at periods hereafter to be specified, require the Native and Christian OrphaH Chambers to exhibit their accounts to them for examination.

Art. 39.—In the same manner they are authorised whenever they deem th*

same necessary, and. further shall every year at periods hereafter to be specified, reouire all guardians, executors and administrators of estates within their juris' diction, to exhibit their accounts to them for examination ; they shall see sue!»

estates administered to the greatest possible benefit of the parties interested, thl funds duly remitted, and adequate security given ; in default of which, they arô empowered to transfer such funds, &c. to the Government Treasury, and to pro-;

oose to Government the necessary measures for remitting the same with the leas*;

possible delay, to lawful heirs or parties entitled, or for disposing thereof to th«

greatest advantage and benefit.

Art. 40.—One of the sworn Clerks of the Court shall act as Accountant, i"

order to assist the Court in carrying these inductions into effect.

Art. 41.—The Supreme Court of Justice at Batavia is authorized for the fu' ture and after the first establishment made by Government, tö appoint its ov*'"

Register, Sworn Clerks and Bailiffs, agreeably thereto.

Art. 42. T h e Court is in the same manner empowered to reprove and puni»1

ia a summary way and without form of process, all abuses, neglects or excess«*

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committed by the inferior Officers of the said Court in'such a manner as may be necessary for the preservation of good order in the Court, and the purity of its proceedings.

Art. 43. Whenever the Honorable the Lieutenant Governor in Council should wish to be furnished with the report,, considerations., or advice of the Supreme Court-of Justice., on any matters of Justice or otherwise, the said Court shall com- ply with such request without delay.

Art. 44. Should the Honorable the Lieutenant Governor be pleased to order a provisional or unlimited suspension of proceedings in any case, the President and Members of the Court shall comply therewith on receipt of a resolution of Gov- ernment to that effect. I f however the Court sees any reasou to object to such suspension, they may lay their reasons before the Honorable the Lieutenant Gov- ernor in Council, and

should nevertheless pers

n case the Honorable the Lieutenant Governor in Council, s^ in his determination, the Court may transmit the case, together with all the acts and documents appertaining thereto, to the Governor General in Council.

Art. 45. The President and Members of the Supreme Court of Justice shall be required to take the following oath on entering into office.

Form of the oath for the President and Members of the Supreme Court of Justice.

" I do promise and swear to bear true allegiance to His Majesty the King of

sc the United Kingdom of Great/ Britain and Ireland. I do also promise not to

" receive, either directly or indirectly, any presents or emoluments whatsoever

ec from persons concerned in any causes to be tried before the Court, and further

" to promote as much as possible the faithful and true administration of Justice

" without suffering myself to be influenced by hatred or favour, and to act\in

r every respect according to Law and in conformity with the orders and iristruc-

*' tions which have been or shall be established by Government."

" So help me G O D . "

Art. 46. All regulations and instructions heretofore established for the Supreme Court of Justice at Batavia shall be considered as abolished from and after this date, as far as the same are contrary to the above instructions.

1 Given at Batavia, by me the Lieutenant Gov-

ernor of the Island of J a v a and its depen- dencies, this 21st day of January 1832.

(Signed) T . S. R A F F L E S . By Order of the Honorable

the Lieutenant Governor in Council.

(Signed) J . DAVIDSON,

•dct'g Sec, to Government,

ï>JROVISI©NAlL INSTRUCTIONS

FOR THE

COURT OF JUSTICE

AT

8*1M*4 R*dJW &.

P R O V I S I O N A L I N S T R U C T I O N S for the Court of J u s - tic e at Samarang-.

Art 1 HP

' ' J L H E Court of Justice at Samarang shall consist of a President and two Members, assisted by a Fiscal, a Register and two Sworn Clerks, who are to he persons qualified for their respective situations : to be styled, " The President and Members of the Court of Justice at Samarang."

Art. 2. T h e said Court shall be provided with a seal bearing the arms of Government, and circumscribed with the words, " Seal of the Court of Justice

&t Samarang."

Art. 3. T h e Members of the Court shall not bear near affinity in relationship to each other, that is to say—Father and Son, Father in Law and Son in Law, or Brothers and Brothers in Law, are not competent to be members at the same time, Sleept where such affinity arises after their appointment, when it shall not dis- qualify such members from coatinuing to act in their office.

Art. 4. No Member of the Court shall be allowed to j u d g e in cases wherelra 'he parties concerned are related to him within the sixth degree of affinity or consanguinity inclusive.

Art. 5. No Member of the Court is allowed to be a farmer of revenue, or partner or security in such purchases, either directly or indirectly. z

Art. 6. i t -is also not permitted to any member to accept of any gifts, do- nations, or presents, from any person who may or shall have a suit or cause de?- pending before the Court, on penalty of dismissal from office and forfeiting his salary from the moment such transaction happens.

Art. 7. No Member of the Court shall be allowed to give any counsel or

*dviceto persons actually having or likely to have a suit before the court, and if

a ny member should happen togive his counsel or advice inadvertently, in a case

which should afterwards be brought before the court, he shall decline giving his Judgment in such case, on penalty of suspension from office for twelve months for

«e first time, and dismissal and disgrace for the second.

Art. 8. On the first Court day after the first of January of every year, each Member shall be required to make oath, that during the preceding year he has not

a°cepted any. gift, fee or perquisite, contrary to law. The following is the form.

; o f oath to be administered.

" Î do most solemnly declare and swear, that Ï have not. received nor en-

*' joyed any present, fee or reward whatever, great or small, in the last year, from

" any person having, or likely to have, a cause before the Court, neither by myself,

" my wife, children, or family, nor by any other person connected with m e ;

*'' and I do further promise to continue to abstain from all such practises, and

" to keep myself pure and upright in the discharge.of the duties of my office.

" S o help me G O D . "

Art. 9. The Court of Justice at Samarang, shall administer justice in the name of his Majesty the King of the United Kingdom of Great Baitaia and

Ireland.

Art. 10. They shall administer justice and right to all who require it without respect of persons, whether rich or poor, small or great, or of what conditio«

soever they may be, shewing neither favour, fear, nor dissimulation to any, bat.

faithfully carrying into effect, all sentences, decrees and ordinances, according' to the true intent and meaning of the law and the existing regulations.

Art. I I . I t is to be understood however, that all sentences in capital cases shall be first sent to the Honorable the Lieutenant Governor for approbation, before carrying the same into effect, and to him also in cases of corporal punish' ment, is reserved the right of pardon or mitigation of the punishment.

Art 12. The Honorable the Lieutenant Governor in Council is likwise era' powered to grant a provisional suspension of sentence, or to stay the proceeding³ In criminal and civil cases, and to confirm or t o continue such suspension, by and with the advice of the Court of Samarang, or the Supreme Court of Justic|

at Batavia, according as circumstances, on due deliberation, may best appear to warrant.

Art.' 13. For the due execution of sentences, confirmed in the above manner, as also all other sentences, decrees, ordinances and appointments of'the Court of Justice at Sâmarang, the different olacers and servants of the Court and the Polie«

Officers, within the limits of its jurisdiction shall be required, and they arebereW ordered and directed to lend proper assistance upon monition and authority of ih"

said Court, on pain of forfeiting their situations, and being further pirnishabfl by the Court, according to the circumstances of the case.

Art. 14. T h e Court of Justice at Samarang is to regulate itself in passing sentence, according to the former Dutch system of legislation, under Such res' trictions -and stipulations as are mentioned in the Proclamation of the R'g'3 Honorable the Governor General, dated 11th September, 1811, by which cruel'-/' torture and extortion of confession, are in all cases forbidden.

n* Art. 15. W i t h regard to the manner of proceeding in civil or criminal cases., m the Court of Justice at Samarang shall regulate itself, according to such insiruc-

% tioas as are or shall be provisionally established by Government for its guidance.

Art. 16, The Members of the Court of Justice at Samarang, are on no account to decide or pass sentence in any matter, either civil or criminal, in the absence of the President of the Court.

Art. 17. The Court of Justice at Sam arang shall have direct and immediate cognizance of all civil cases and disputes that arise within the Town of Samaraag and the limits of its former jurisdiction, without observing any distinction between Government servants and other free subjects, whether Europeans, Chinamen, or others, of whatever denomination, in all matters, that ' are not cognizable bv the Court of Requests or Officers of Police, such as Bailtuw, Landrost or Others.

i<f •

Art., IS. The Court of Justice at Samarang shall also have1 direct and i m me-

°*ater cognizance of all civil cases and disputes arising within the districts of Pacalongang, Japara, and Rembang, in so far; as in the said cases, Europeans are concerned, either as plaintiff or defendant. Provided the same are not considered li-

as matters of Police falling under the cognizance of the respective local, au- thorities»

Art. 19. The Court of Justice at Samarang shall also have direct and imniedi- ate cognizance in all civil cases arising in the abovementioned districts where the by

parties are both Chinese. In cases however where the one party is a Chinese, and the other a Javanese or other Native (not a Christian) the case shall be considered

lo come under the jurisdiction of t h e respective Landrost's Courts, or other civil authorities competent thereto. ,

Art. 20. The Court of Justice is authorised finally to hear and decide without appeal, all civil suits not exceeding the value of five hundred Rix dollars silver

c money.

*i

^ r t . 2 1 . In criminal cases, the Court of Justice at Samarang takes immediate . cognizance of all capital crim-s and offences, committed within the limits of the dis-

k e t oï Samarang, including Paccalongang to the Westward ; and Japara, Joana and tembang to the Eastward ; but petty offences, such as quarrels, assaults, fighting

nd small thefts, pilfering and other misdemeanors, punishable by a small fine in

«looey, whipping or by removal from the Island, shall be considered as matters of

* P u -

«ice, cognizable by the Magistrate or l a n d r o s t , as far as they are empowered

lj ^ their several instructions.

cases, described in the above articles, shall be held at'certain periods hereafter to.

he fixed by the Court : for the town of Sarnarang and its former jurisdiction,, at Sa- marans : and for the other districts by regular circuits,'at the undermentioned places, viz. fror the district of Pacalongang, at Pacalongang ; for the districts of

• Ja'para and Joana, at P a t t y ; and for the district of Rembang, at Rembang.

Art. 23 The circuits for the trial of criminal cases shall not be held but under the Superintendence of the President of the Court of Justice at Sarnarang, and such other Member or Members offne said Court, to be selected by the President, whose presence is not necessarily required for the determination of civil causes depending before the Court.

Art. 24. In case of indisposition of the President, the chief civil authority in the Eastern districts shall nominate either a Member of the Court or any other individual specially to preside at the above circui s, in conjunction with such other Members of the said Court as he may deem necessary»

Art. 25. Persons residing within the jurisdiction of the Court of Justice at Sarnarang, deeming themselves aggrieved by Q\IV excesses of authority, injustice or extortion, practised or committed by any Magistrate or Officer of Police*

such asJDrosts, friscals, or others entrusted with the preservation of public trafl' quiiiity, shall state their grievances in the first instance to the Chief civil authori*

iy in the Eastern districts, and if the said Chief civil authority is of opinion t h a t * judicial process is necessary, the case shall be referred to the Court of Justice a*

Sarnarang.

Art 25. The Court shall also be authorized in cases where errors ôr ommis' fiions bave taken place in judicial acts or proceedings, to exonerate the parties from the usual effects of such errors or ommissions, on petition being made and due cause shewn for such indulgence.

Art. 27. The Court shall however not interfere in the granting of special bene' fits or relief implying an exemption from the common law, or of special privilege, either with regard to the acceptance of inheritances and the obtaining of a bef&, ficium inventarii, or that of a restitutio in integrum against existing contracts, <"

the obtaining of a beneficium ccssionis, or the benefit of the rescriptum maratO' rimn, hut all such licences must be granted by the Honorable the Lieutena"' Governor in Council to be transferred to the Court, for enquiry and investigation and to be proceeded upon in the usual way.

Art. 28. Persons residing within the jurisdiction öf any inferior Court of J&v' shall according to the established usage not bs allowed to submit their different

25

to a ripzdo- Court, in cases not exceeding the amount, to the extent of which the inferior Court is authorised finally to decide without appeal.

Art. 23. All Summonses, Sentences, Decisions, (or otherwise) of the Court, re- garding persons residing in Europe, or in any other of the settlements in India, shall be transmitted to the Honorable the Lieutenant Governor in Council, with a request that the same may be forwarded to the places where such persons reside in order to be duly issued.

Art. 30. The Court of Justice at Samarang shall be considered as the Superin- tending Guardian» of all minors, insane, and absent persons, resorting under their jurisdiction, who have left no Attorney or Agents to take care of their estates o r e -

fects ; and they are authorised at any time and further shall once every year at periods hereafter to be specified, require the Native and Christian Orphan Cham- bers at Samarang, to exhibit their accounts to them for examination.

Art. 31, I „ the same manner they are authorised whenever they deem th« same necessary, and further shall every year, at periods hereafter to .be specified, require all guardians, executors and administrators of estates, within their j u r i s -

diction, to exhibit their accounts to them for examination. They shall see such estates administered to the greatest possible benefit of the parties interested, the funds duly remitted and adequate security given. L, default of which they are empowered to transfer such funds, &c. to the Government Treasury, and to p r o . pose to government the necssary measures for remitting the same" with the least possible delay to the lawful heirs or parties entitled, or for disposing thereof to their greatest benefit.

Art. 32. One of the Sworn Cirrlcs of the C u r t , shall act as Accountant it!

order to assist the Court in carrying these instructions into effect.

A r t Q^5 r?nî-. /*"t

A n e ^ o u r t of Justice at Samarang is authorized for the future and after the first establishment made b v Government, to appoint fts own Register Sworn Clerks and Bailiffs, agreeably thereto.

' Court is in the same manner empowered to reprove and punish in n u m m a r y way, and without form of process, all abuses, neglects, or excesses T by the Officers of the said Court, attoniies or others, in the dis»

Tge of then» duties, in such a manner as rnav be necessary for the preservation

•• tae peace and good order in the Court, and ihe purity of its proceedings.

Art. 3 5 , - W u e n e v e r the Honorable the Lieutenant Governor mav be pleased to 'er a p r e v a a l or unlimited suspension of proceeding, in any case, t i e Presi, ent and Members of the Cou.t shall comply therewith on receipt of a resolution

0 1 Government to that effect.

Art. So. The President and Members of the Court shall take the following oath on entering into office.

Form of oath for the President and Members of the Court of Justice.

" Ï do promise and swear to bear true allegiance to His Majesty the King of

" the United Kingdom of Great Britain and Ireland. l I promise not to receive,

" either directly or indirectly, any presents or emoluments whatsoever from per-

" sons concerned in any cause to be tried before the Court, and further to promote

" as much as possible the faithful and true administration of Justice without suf«

" fering myself to be influenced by hatred or favour, and to act in every respect

" according to jaw, and in conformity with the orders and instructions which have

" been or may be established by Government.

" So help me G O D . "

Art. 37. AH regulations and instructions heretofore established for the Court of Justice at Saniararjg shall be considered as abolished from and after this date, as far as the same are contrary to the above instructions.

Given at Batavia, by me the Lieutenant Gov- ernor of the Island of Java and its depen- dencies, this 21st day of January, 1812.

(Signed) T . S. R A F F L E S . By Order of the Honorable V

the Lieutenant Governor in >

Council, J ^À

(Signed) J . DAVIDSON,

Act''g• Sec. to Government.

PJROVISIONAJL I N S T R U C T I O N S

FOR THE

COURT OF JUSTICE

AT

SO U R AB A YA.

-FEOVISIONAL INSTRUCTIONS for the Court of Jus- tice at Sourabaya.

*" J L H E Court of Justice at Sourabaya shall consist of a President and two Members/assisted by a Fiscal, a Register and two Sworn Clerks, who are tto be persons qualified for their respective situations : to be styled, " The President and Members of the Court of Justice at- Sourabaya*"

Art. 2. The said Court shall be provided with a seal bearing the arms of Government, and circumscribed with the words, 'f Seal of the Court of Justice at Sourabaya."

Ari. S. T h e Members of the Court shall not bear near affinity in relationship to each other, that is to say—Father and Son, Father in Law and Son ' in Law, or Brothers and Brothers in Law, are not competent to be members at the same time,

•scept whöte such affinity arises after their appointment, when it shall not dis-

qualify such members from continuing to act in their office. t Art. 4. No Member of the Court shall be allowed to j u d g e in cases wherein,

the parties concerned are related to hinvwithin the sixth degree of affinity or consanguinity inclusive.

Art. 5 ; N o Member of the Court is allowed to be a farmer of revenue, or partner or security in such purchases, either directly or indirectly.

Art. 6. I t is also not permitted to any member to accept of any gifts,-do- nations,.'or presents, from any person who may or. shall have a suit or cause de-

"'pending before the Court, on penalty of dismissal from office and forfeiting his salary from the moment such transaction happens.

Art. 7. No Member of the Court shall be allowed to give any cqunsel of advice, to persons actually having or likely to have a suit before the court ; and if any member should happen to give his counselor advice inadvertently, in a case which should afterwardspbe brought before the court, he shall decline giving his judgment in such case, on penalty of suspension from office for twelve months for

the first'time, and dismissal and disgrace for the second.

Art. 8. On the Srst Court day after the Srst of January óf every year, Wch member shall be required to 'make oath, that during the preceding year he m&aat

accepted any gîï?, fee or perquisite, contrary to law. The following is the form

°f cath to be administered. •

i Cog and Go'

" I do mosi solemnly declare and swear, that I have not received nor ea' J

" joyed any present, fee or reward whatever, great or small, in the last year, fro» the

" any person having, or likely to have, a cause before the Court, neither by myseld tior

" my wife, children, or family, nor by any other person connected with mei ^

" and ï do further promise to continue to abstain from all such practises, an» ^ •

" to keep myself pure and upright in the discharge of the duties of my office, 0f ^

" S o help me G O D . "

Art, 9. T h e Court of. Justice at Sourabaya, shall administer justice i<

the name of his Majesty the King of the United Kingdom of Great Baitain ao^

Ireland.

Art. 10. They shall administer justice and right to all who require it, witho«1 o t| j(

respect of persons, whether rich or poor, small or great, or of what conditio« the soever they may be, shewing neither favour, fear, nor dissimulation to any, feu1 o tj1 |

faithfully carrying into effect, all sentences, decrees and ordinances, according

to the true intent and meaning of the law and the existing regulations. ,.

Art. I I . It is to be understood however, that all sentences in capital case' QfJ-

»hall be first sent to the Honorable the Lieutenant Governor for approbation \^^a before carrying the same into effect, and to him also in cases of corporal punisfc ej(jj ment, is reserved the right of pardon or mitigation of the punishment. a g ,

Art. 12, T h é Honorable tha Lieutenant Governor in Council is lik wise, en* *«oi powered to grant a provisional suspension of sentence, or to stay the proceeding $ in criminal and civil cases, and to confirm or to continue such suspension, bj ate and with the advice of the Court of Sourabaya, or the Supreme Court of Justic* ^ at Batavia, according as circumstances, on due deliberation, may best appear tf Chi warrant. be c A r t •••13. For the due execution of sentences, confirmed in the above mannst/ «* c as also all other sentences, decrees, ordinances and appointments of the Court à A Justice at Sourabaya, the different officers and servants of the Court, and the.^oIW &Pp<

Officers, within the limits of its jurisdiction shall be required, and they are hereb] aion ordered and directed, to lend proper assistance upon monition and authority of tf A

said Court, on pain of forfeiting their situations, and being further punishability.

by the Court, according to the circumstances of the case. tha Art. 14. T h e Court of Justice at Sourabaya is to regulate itself in passif *oi

sentence, according to the former Dutch system,of legislation, under such re* and trictions and stipulations as are mentioned in the Proclamation of the Rig* Pua:

Honorable the Governor General, dated 11th September, 1811, by which tfueUjj n i2 a

torture and extortion of confession, are in all cases forbidden. ^Ins*

SI

A d , 15. W i t h regard" to the manner of proceeding in civil or criminal caäes^

off the Court of Justice at Sourabaya shall regulate itself, according to such instruc«

ïlti tioHs as are or shall«be provisionally established by Government for its guidance.

Art. 13. T h e Members of the Court of Justice at Sourabaya, are on no account to decide or pass sentence in any matter, either civil or criminal, in the absenca

©f the President of the Court.

Art. 17. T h e Court of Justice at Sourabaya shall have direct and immediate cognizance of all civil cases and disputes that arise within the Town of Sourabaya and the limits of. its former jurisdiction, without observing any distinction between Government servants and other free subjects, whether Europeans, Chinamen, or others, of whatever denomination, in all matters, that are not cognizable by

30 tbe Court of Requests ©r Officers of Police, such as Bailluw, Landrost or

»o«

[Jill

others.

Art. IS. The Court of Justice at Sourabaya shall also have direct and imme- diate Cognizance of all civil cases and disputes arising within the districts of

13 Grissee, Passourouang and Banjoewangie, at Sumanap, Bancallang, and on the Mand of Baviaan, in so far as in the »aid cases, Europeans are concerned, either as plaintiff or defendant. Provided the same are not considered

*' matters of Police falling under the cognizance of the respective local a u -

;fli' *"«ritiss,

Art. 19. The Court of Justice at Sourabaya shall also have direct andimmedi- ate cognizance in all civil cases arising in the abovemeBtioned districts and places where the parties are both Chinese, In cases however where the one party is a Chinese, and the other a Javanese or other Native (not a Christian) the caseshall

«e considered to come under the Jurisdiction of the respective Landrost's Courts, ie6 0 r other Officers competent thereto.

Art. 4 ) . T h e Court of Justice is authorized finally to hear and decide without W *Ppeal, all civil suits not exceeding the value of five hundred Rix dollars silver eb) Oioney.

Art. 21.—In criminal cases, the jurisdiction of the Court of Justice at Sonra- aya shall extend to all capital crimes and offences committed within the limits of tf'to

e whole district, formerly comprehended under the denomination of Java EasS

°int; but petty offences, such as assaults, fighting, and small thefts, pilfering.

* a t ld other misdemeanors, punishable by a pecuniary ßne in money, light corpora!

^ishmcnt or removal from the District, shall be considered as immediately c o g .

^ b l e by the Magistrate, Landrost, or other Officers competent thereto, accord- S to their respective authorities, as expressly defined in their several instructions.

cases, described i n the above articles, shall be held pursuant to notice at certain periods hereafter to be fixed by the Court : for the town of Sourabaya and its, foß merjurisdiction, at Sourabaya ; and for the other districts by regular circuits, at the undermentioned places, viz. For the district of-Grissee at Grissee; for Pas- sourouang at Passourouang; for Banjoewangie at Banjoewangie; and for Bancal'

lang and Suraanap at Bancal lang or at Sumanap.

Art. 23. The circuits for the trial of,criminal cases shall not be held but uade' the Superintendence of the President of the Court of Justice at Sourabaya, and such other Member or Members cf the said Court, to be selected by the President,

•whose presence is not necessarily required for the determination of civil cause!

depending before the'Court. ' ">

Art. 24. I n c a s e of'indisposition of the President, the chief civil authority i»

the Eastern districts shall nominate either a Member of the Court or any othe«

individual, specially to preside at the above circuits, in conjunction with such othe'j Members of the said Court as he may deem necessary.

Art. 25. Persons residing within the jurisdiction of the Court of Justice a' Sourabaya, deeming themselves aggrieved by any excesses of authority, injustiC or extortion, practised or committed by any Magistrate or Officer of Poiic«

such as Brosts, Fiscal, or others entrusted with the preservation of' public traO' quiility, »shall state their grievances in the first instance to the Chief civil author!

ty in the Eastern districts, and If the said Chief civil authority is of opinion that J .judicial process is .necessary, the case shall be referred to t h e ' C o u r t of Justice ï

Sourabaya.

Art, 28. T h e Court shall also bs authorized in cases where errors or ommiJ' sions have taken, place injudicial' acts or proceedings, to exonerate the parti«1

from the usaal effects of such errors or ommissions, on petition being made afl^

due cause shewn for such indulgence.

Art. 27i Thé Court shall however not interfere in the granting of special ben«' fits or'relicf implying" an exemption from the common law, or of special privilege1

either with regard to the acceptance of inheritances and the obtaining of *Am ßcium inventariii -or that of n restitutio in integrum against existing contracts, ";

' the obtaining Wwdéhefimm cessimis, or the benefit of the rcscriptum moratf Hum, but all such licences must be granted by the Honorable the Lieuteirtd Governor in Council to be transferred to the Court, for enquiry and investigate and to.be proceeded upon in the usual way.

- Art. 28. Persons residing within the jurisdiction of any inferior Court of Ja*>

i h a $ according to the established usage not be allowed to submit their.different

33

tô à superior Courf, in cases hot exceeding the amount, to the extent of which the inferior Court is authorised finally to decide without appeal.

Art. 29. All Summonses, Sentences, Ûecisions, (or otherwise) of the Court, re*

gardin"-persons residing in Europe, or in any other of the settlements in India, shall be transmitted to the Honorable the Lieutenant Governor in Council, with a request that the same may be forwarded to the places where such persons reside in order to be duly issued.

Art. 30. The Court of Justice at Sourabaya shall be considered as the Superin- tending Guardians of all minors, insane, and absent persons, resorting under their jurisdiction, who have left no Attorneys or Agents to take care of their estates or ef-

fects ; and they are authorised at any time, and further shall once every year at periods hereafter to be specified, require the Native and Christian Orphan Cham- bers at Sourabaya, to exhibit their accounts to them for examination.

Art. 3 1 . I n the same manner they are authorised whenever they deem the same necessary, and further shall every year, at periods hereafter to be specified, require all guardians, executors and administrators of estates, within their juris«

diction, to exhibit their accounts to them for examination. They shall see such estates administered to the greatest possible benefit of the parties interested, the funds duly remitted and adequate security given. In default of which they are empowered to transfer such funds, &c. to the Government Treasury, and to pro-

pose to government the necessary measures for remitting the same with the least possible delay to the lawful heirs or parties entitled, or for disposing thereof to theic

greatest benefit,

Art. 32. One of the Sworn Clerks of the Court, shall act as Accountant ï a order to assist the Court in carrying these instructions into effect.

Art. 3 3 . The Court of Justice at Sourabaya is authorized for the future and after the first establishment made by Government, to appoint its own Register, Sworn Clerks and Bailiffs, agreeably thereto.

Art. 34. The Court is in the same manner empowered to reprove and punish in a summary way, and without form of process, all, abuses, neglects, or excesses, committed by the Officers of the said Court, attornies or others in the dis- charge of their duties, in such a manner as may be necessary for the preservation of the peace and good order in the Court, and the purity of its proceedings.

Art. 35.—Whenever the Honorable the Lieutenant Governor may be pleased te order a provisional or unlimited suspension of proceedings in any case, the Presi, dent and Members of the Court shall comply therewith oa receipt of a resolutioa

of Government to that effect,

oath on entering into office.

Form of oath for the President and Members of the Court of Justice.

" I do promise and «wear to bear true allegiance to His Majesty the King of

" the United Kingdom of Great Britain and Ireland; I promise not to receive

" either directly or indirectly, any presents or emoluments whatsoever from per-

" sons concerned in any cause to be tried before the Court, and further to promote

" a s much as possible the faithful and true administration of Justice without suf-

" fering myself to be influenced by hatred or favour, and to act in every respect

" according to law, and in conformity with the orders and instructions which have

"been or may be established by Government.

" So help me G O D . "

Art. 37. All regulations and instructions heretofore established for the Court of Justice at Sourabaya shall be considered as abolished from and after this date, as far as the same are contrary to the above instructions.

Given at Batavia, by me the Lieutenant Gov- ernor of the Island of Java and its depen- dencies, this 21 st day of January, 1812.

(Signed) T. S. RAFFLES, By Order of the Honorable"

the Lieutenant Governor in Council,

(Signed) J.

Act'g Sec, to Government,

P R O V I S I O N A L I N S T R U C T I O N S

FOR THE

\ ADVOCATE FISCAL

OF THE COURT OF JUSTICE

AT

' BATAVIA,

AND FOR THE

FISCALS

• OF THK COURTS OF JUSTICE

, AT

SAMARAJVG AM* SO UMAEA YA.

ï

h

tl

t] 0)

Ci

k

PROVISIONAL INSTRUCTIONS for the Advocate Fiscal of the Court of Justice at Batavia, and for the Fiscals of the Courts of Justice at Samarang and Sourabaya.

Art 1 HT

X HE Fiscals are to be considered as Officers charged with the pro- secution and defence of all suits, civil or criminal, in behalf of Government'; and they are to act as Advocates for the Crown, in all criminal cases that arise within the jurisdiction Of the respective Courts to which they are attached.

Art. 2. For the undertaking and prosecution of all such suits, they may receive their directions either from the Courts of Justice, and from the Presidents thereof, or immediately from Government, or the Lieutenant Governor.—They are not- withstanding, at all times left to their own discretion and judgment, in the disco- Very of offences and the institution of suits affecting the interest of Government, and are to be diligent and active in the execution of their duties within the juris- dictions of the respective Courts aforesaid.

/

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..