APPENDIX, D. PROCLAMATION.

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For the satisfaction of the inhabitants and people of Java, the following provisions 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 establishment of the British authority unconditional. But an English government does not require the articles of a capitulation to impose those duties which are prompted by a sense of justice and a beneficent disposition. The people of Java are exhorted to consider their new connection with England as founded on principles of mutual advantage, and to be conducted in a spirit of kindness and affection.

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 privileges as are enjoyed by the natural-born subjects of Great Britain in India, subject to such regulations as now exist, or may hereafter be provided, respecting residence in any of the Honourable 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 natural-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 revised, and a more beneficial and politic principle of administration win 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 consistent with a due regard to the health and morals of the people.

5. The Dutch laws will remain provisionally in force, under the modifications which 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 is 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.

Secondly. When a British-born subject is convicted of any offence, no punishment shall be awarded against him, more severe than would be inflicted by the laws of England for the same crime. And in case of doubt[Vol II Pg lv] concerning the penalty by English law, reference shall be made to the Honourable the Recorder of Prince of Wales' Island, whose report shall be a sufficient warrant for awarding the penalty stated by him to be agreeable to the laws of England. No sentence 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. No 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-governor will have the power of remitting, moderating, or confirming, all penalties; excepting inconsiderable fines, short imprisonment, or slight corporal punishment.

Fifthly. British-born subjects shall be amenable to the jurisdiction of the Dutch tribunals, and to the Dutch laws in all cases of civil complaint or demands, whether they be plaintiffs or defendants.

Sixthly. All British-born subjects shall be subject to the regulations of police, and to the jurisdiction of the magistrates charged with the execution thereof, and with the maintenance of 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, adapted 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. But the same shall be immediately reported to the governor-general in council in 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 governor-general in council with the shortest possible delay. The mode in which the lieutenant-governor shall be assisted with advice will hereafter be made 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 Java, will be published in a separate paper of this date.

Done at Molenvliet, the 11th September, 1811.
By His Excellency the Governor-General of British India. [Vol II Pg lvi]

(Signed) MINTO.

REGULATION, A.D. 1814, PASSED BY THE HON. THE LIEUTENANT-GOVERNOR IN COUNCIL, On the 11th of February, 1814, FOR THE MORE EFFECTUAL ADMINISTRATION OF JUSTICE IN THE PROVINCIAL COURTS OF JAVA.

The Honourable the Lieutenant Governor in Council being deeply impressed with the necessity of framing one adequate, impartial, and consistent code, for the prompt and equitable administration of justice, in the provincial courts of this island, with a view to give to all ranks of people a due knowledge of their rights and duties, and to ensure to them an enjoyment of the most perfect security of person and property, has been pleased that the following regulation be enacted; which, by assuming as its basis, rather the ancient usages and institutions of the Javans, than any new innovations founded on European systems of internal government, may confidently be expected to be, at once the most pleasing to them, and the best adapted to the existing state of their society.

1. The Resident shall be the Chief Judge and Magistrate in his districts; but the administration of police and justice, in the towns of Batavia, SemÁrang, and SurabÁya, shall, as heretofore, be entrusted to the particular Magistrates and other officers appointed by government for those places.

2. The BopÁtis, or chiefs of districts, and all other public officers, who may be retained to carry on the duties of this department, are placed under the immediate authority and control of the Resident himself, or of his Deputy duly empowered by him. These various duties, whether relative or direct, will be clearly defined in the course of the following sections.

3. To render more easy the attainment of justice, and to carry on better the general police of the country, a subordinate jurisdiction shall be constituted in the following manner.

4. The Residency shall be divided into such number of districts, as extent of land, population, former custom, or other circumstances may render necessary. Each of these shall be consigned to the care of a BopÁti, or native chief, with such an establishment, as being deemed by the Resident adequate to the purpose, and by him submitted to government, shall have received their sanction.

5. These districts, again, shall be subdivided into divisions, the extent and limits of each of which will be clearly marked out and made known.[Vol II Pg lvii] Their size must, of course, entirely depend on the greater or less propinquity of the villages they contain, and on the more or less numerous population by which these are inhabited; but, generally speaking, no division shall be less than ten, or more than twenty, square miles in extent. It must also be observed, that the limits of the division follow those of the villages; it being quite contrary to a system of good police, that inhabitants of the same place should be subject to different authorities.

6. In each division there shall be fixed a station of police, to which shall be appointed a competent officer, with such number of inferior MÁntris, Peons, &c. as shall be deemed necessary for the execution of the various duties allotted to his office, and the due maintenance of the tranquillity of his division.

7. In each village there shall be a Head-man (whether recognized under the name of Penting'gi, Bakal, Lurah, Kuwu, Mandor, or otherwise, according to the custom of the country), to be freely elected by the inhabitants of the village itself from among themselves; the only requisites on the part of government being, that he actually reside and hold land in it. Should any of these be found unfit to carry on their respective duties, or other good objection arise to their being continued in the posts they hold, a representation to such effect will be made by the Resident to the villagers, who will accordingly proceed to the nomination of some other person, who, if approved of by the Resident, shall then receive his confirmation.

8. These Head-men shall, in every respect, be considered as the representatives of the villages, and shall be held responsible for all such acts committed within them, as fall justly under that controlling and preventive power vested in them by their fellow-inhabitants.

9. This mode of election and consequent power, it must be observed, are no new introductions, but subsist in immemorial usage, and their nature and limits are well understood by the Javans throughout the island.

10. The Heads of villages will receive and carry into execution all such orders as government, either directly by the Resident, or through the medium of the BopÁtis and officers of divisions, may be pleased to issue to them; and they will furnish, at all times, such oral or written information as may be required from them.

11. The care of the police, in their respective villages, shall be entrusted to their charge; and for the due preservation of peace, the prevention of offences, and the discovery and arrest of offenders, they are required to be particularly careful that a sufficient night watch be regularly maintained. For this purpose they are authorized to require each of the male inhabitants to take his turn in the performance of this duty; and, at any time, to call on all to aid in the pursuit and apprehension of offenders, or to execute generally any of the other duties that may occur.

12. The Heads of villages will also be held responsible for the amount of all property belonging to travellers, which may be lost within their villages, provided, however, that the same shall have been placed under[Vol II Pg lviii] their charge; and they are required to take charge of all travellers' property which may be brought to them for that purpose.

13. They are directed to keep a register of all persons under their authority, describing the name, age, country, occupation, size, and appearance of each individual, with any other remarks that may be deemed necessary. They will also, with the assistance of the village priest, form a register of the births, marriages, and deaths, which occur within their jurisdiction.

14. These will be drawn up every six months, according to forms to be furnished to them by the Resident. A copy of each will be retained in the village, and another will be forwarded to the police officer of the station, to be kept by him as records, and to furnish the grounds of such reports as he may be called on to give in.

15. Whenever a stranger arrives for the purpose of settling in a village, or any one of its former inhabitants absconds, the head of it is required to furnish immediately to the officer of the division a detailed account of the particulars relative to either circumstance, who will accordingly take such measures for the apprehension or pursuit of either, or forward such intelligence to his superiors, as the case may require.

16. Any person producing the express permission of the Resident, shall be allowed to settle in a village; but without this, or unless he can procure two respectable inhabitants to become securities for his good behaviour, he shall not be permitted to do so.

17. As well heads of villages as officers of divisions are required to keep a watchful eye upon all new settlers, to ascertain, if possible, their several characters, from their former places of abode; and to observe, most particularly, the conduct of such individuals as have no ostensible means of earning a livelihood. They will, too, follow vigilantly the motions of armed persons, preventing them, as much as they can, from travelling together in large bodies; and, as far as may be practicable, they ought to hinder individuals of every description, but most especially such as are armed with spears, swords, &c. from travelling at all after eight o'clock at night.

18. After this hour they are authorised to stop, and detain in their custody till the next morning, all such persons as may, by having with them more than usual property, or in any other way, justly give grounds for suspicion. But on a summary examination, should nothing further appear against them, they must, on no account, keep them detained beyond eight o'clock the next morning; nor ought detention at all to take place, if the account they first give of themselves be deemed satisfactory.

19. Should any thing further appear against them by complaint or otherwise, they will then be proceeded with as with other accused persons, relative to whom directions will be given in a subsequent section.

20. In the above case only, it is competent to the officers of police to apprehend any person of their own authority, unless detected in the actual perpetration of crime; or to release any person once apprehended. [Vol II Pg lix]

21. It having been represented, that though when the inhabitants are settled in one place, in habitations contiguous to each other, the duty of the head of a village becomes easy of execution, yet that it is extremely difficult for him to perform it adequately, when, from caprice or other cause, any of its members are allowed to leave the main part, or dÉsa, to go and reside in lonely and remote spots, forming thereby small settlements of two or three cottages only together, termed dukus, which being necessarily, from their distance, without the guard of night watches, &c. must frequently become liable to be attacked and plundered, or more often, perhaps, from the absence of all controul, will themselves form the resort and shelter of robbers and other abandoned characters; and, on the other hand, it not being wished to repress too much this out-settling, as by the creation of new villages (which must owe their formation to such small beginnings), a great part of the land, at present waste, may be brought into cultivation; it is ordered, that the following be the line of conduct to be observed in these cases.

22. The head of a village shall, in every instance, report to the officer of division when such an out-settlement takes place; who shall then proceed to the spot, and forming a committee of three heads of villages (not to include the one in which the circumstance occurred) shall judge whether or not it be expedient, for the benefit of agriculture, to permit its continuance, and measures shall be taken accordingly. If the new settlement be allowed to remain, a vigilant eye must be kept over its infant state, both by the officer of division and head of the neighbouring village; and when it shall have grown to a size that may admit of this, it ought to be separated from the authority of the mother village, and a similar constitution be bestowed on it.

23. It is the duty of heads of villages, generally, to preserve tranquillity, as far as their authority extends, to obey zealously the orders of their superiors, to furnish every useful information, and, in short, to contribute all in their power to the establishment and preservation of a good state of police.

24. Their rewards for this will be a certain portion of land in each village, and the favouring eye and protection of government.

25. The police officers of divisions are to be considered as immediately under the authority of the BopÁtis. They will furnish to these all such accounts, reports, &c. as may be required, and will act always on the orders received from them, or, of course, directly from the Resident himself.

26. To the BopÁtis, or chiefs of districts, they will forward every six months abstract accounts of births, marriages, and deaths which have occurred in their division, and of the general state of cultivation and population, with such remarks accompanying them as may seem requisite.

27. Of these and other papers forms will be furnished them, and they will prepare them from the general account obtained from heads of villages, whom they will, at any time, require to supply them with such further information as may be deemed necessary. [Vol II Pg lx]

28. On every Saturday they will give in to the BopÁti, or chief of the district, a detailed statement of the occurrences of the preceding week, the crimes committed, offenders apprehended, number of new settlers, their employment, from whence arrived, what individuals have emigrated, causes of emigration, and, in short, whatever has happened out of the common track of occurrences.

29. The officers of divisions shall be held responsible for the due administration of the police within their respective jurisdictions; and to enable them better to execute their assigned duties, the heads of villages are placed immediately under their authority. They shall accordingly be watchful that these vigilantly and zealously perform such services as may be allotted to their situation; and they shall report fully to the BopÁti of the district, on the conduct of any heads of villages who may prove neglectful of their charge, or in any way appear remiss in the execution of the duties entrusted to them.

30. They shall, on no account, exert their police authority in any undue interference with the collection of the revenues, that being considered a distinct department, to which they will only render their assistance when called upon under the distinct rules laid down in another Regulation for the guidance of their conduct in it; here only it is considered that they are to lend their aid at such times, and in such manner, as may be expressly pointed out to them in orders from their superiors. But they are at all times, on a regular application being made to them by the inferior officers of revenue, to take charge of, and give effectual escort to, treasure passing from or through their divisions; and after receipt of the same, they will be held responsible for it until such treasure shall have been by them delivered to the next constituted authority.

31. The peons, and other inferior servants attached to their offices, shall, of course, be employed in the serving summonses, apprehending offenders, giving escort, and in other regular duties; but when not in any way thus engaged, they shall, as leisure admits, be sent to make the rounds of the division; acquiring, by this means, not only competent information of all that is transacted within it, but serving also, by this occasional and uncertain visitation, materially to prevent the undertaking of nefarious acts.

32. As before observed, the officers of divisions, and those subordinate to them, shall only, of their own authority, apprehend such persons as are taken actually in the commission of crime. They are never empowered to seize others (with the exception of those mentioned in Section 18 of this Regulation) but when a written order for that purpose has been received from their superiors, or when a regular charge of an original nature has been given in against them by any respectable individual.

33. In these cases, they will take suitable measures for the apprehension and securing of the persons complained of; and when once apprehended, they will, on no account of their own authority, again liberate them.

34. Should the persons have been so arrested in consequence of orders received to that effect, the officers of divisions will, in forwarding them to[Vol II Pg lxi] their destinations, be careful to observe such instructions as they may have received on the subject.

35. But should the prisoners have been apprehended on complaints, or other proceedings originating in the division itself, they will, on their arrival at the police station, cause to be written a clear and summary statement of the offence alleged, and of the facts in the case which have come under their observation, whether witnessed by themselves, or borne testimony to by any persons present.

36. They will then, with this statement accompanying, forward under a sufficient guard the prisoner or prisoners, together with the persons complaining or aggrieved, and the witnesses of the facts, towards the chief town of the district where the BopÁti resides.

37. Under no pretence whatsoever, shall any persons be detained at the police station longer than twenty-four hours after their arrest.

38. Should the division in which the arrest has taken place be not that in which the chief town of the district is situated, the officers of it shall make over the charge of persons and papers to the police officers of the division next in the way; and, in similar manner, they shall be forwarded on from station to station, to the chief town of the district, or from thence to the principal seat of the residency.

39. In this transmission, the officers of divisions will take particular care that as little delay as possible occur; any unnecessary infringement on the personal liberty of the subject, being that of which this government will ever be most jealous.

40. Whenever a human body is found dead, of which it is not certainly known that the death was natural, or even though such illness precede it as might be considered as possibly the cause, should any suspicious circumstances or appearances attend the death, it will become the duty of the head of the village in which this may occur, to take cognizance of the fact; and ordering it so that every thing remain in the state first found, he shall report the circumstances, without delay, to the officer of the division, who will immediately appoint a commission of three heads of villages, assisted by himself or officers, to proceed to the actual spot where the body lies, and there make due inquiry into every particular that may serve to elucidate the affair. For this purpose, such evidence will be taken as may, in any way, be thought to bear on the subject.

41. When the investigation is completed, the persons appointed for the inquest shall deliver to the officer of division a statement of what they have done, seen, or heard, and annex to it the opinion they have finally formed of the manner of death, or degree of guilt any where attaching.

42. The officer of division shall forward this statement, without delay, to the superior authorities; from whom, in return, he will receive instructions.

43. But should any degree of guilt be imputed, in the opinion expressed by the commissioners acting on this inquest, the officer of division shall, without loss of time, proceed to apprehend the suspected person or per[Vol II Pg lxii]sons, and take such other measures upon that opinion, as he would, had a complaint to the same effect been regularly lodged.

44. As it is most necessary that the cultivators of the soil, and other industrious inhabitants of a village, should not, on every frivolous or inconsiderable occasion, be taken away from their labours to attend a distant seat of justice, where, even though it be more equitably and impartially administered, the benefit of this is, in many cases, quite counterbalanced by the loss of time and expenses of the journey and suit,?—it is ordered, that there be a subordinate jurisdiction constituted, by means of which the distribution of justice will be rendered far more easy to the governing power, and the acquisition of redress will be presented to every one aggrieved, with the greatest facility, and the least possible expense of money or time.

45. The heads of villages are required to look on themselves, and to act with regard to the persons under their controul, as fathers of families; to maintain, to the extent of their power, a spirit of harmony and tranquillity in the villages entrusted to them; to curb every approach to feud and litigation; and, with the aid of their officers, to interpose their authority in settling, with justice and impartiality, all such petty quarrels as may arise among the inhabitants.

46. Should, however, the dispute be of sufficient magnitude to entitle it to higher consideration, courts are regularly established to which it may be referred.

47. The officers of division shall, at least once a week, or oftener, attend in some open place at the station of police, with their mantris, or other subordinate servants, for the purpose of inquiring into and deciding on all such complaints as may be given in to them, for petty offences committed within their divisions, as abusive language and inconsiderable assaults or affrays.

48. These, if satisfactorily proved, they shall be authorized to punish, by fine not exceeding ten rupees, of which fine the one-half shall be given to the individual or individuals aggrieved, the other be carried to the account of government.

49. They shall also be empowered to hear and determine on all such petty civil cases as may be referred to them, provided the amount at issue exceed not the sum of twenty rupees.

50. And further, they shall investigate the trifling disputes that may be brought before them about trespass, nuisance, the irregular distribution of water, encroachment on boundaries, and other such minor grievances of usual occurrence in villages.

51. Whether civil or criminal, they shall not, in any case, be authorized to arrest or imprison.

52. But the complaint having been given in, the person complained of, if not present, shall be summoned to appear by the next day of sitting, when the cause shall be heard and decided on without delay. In failure of attendance on the part of the plaintiff, the case shall be dismissed; on[Vol II Pg lxiii] the part of the defendant, the cause shall be proceeded with ex parte. The sentence, whatever it may be, shall be carried into execution, by means of the authority vested in the heads of villages.

53. Should any persons refuse to obey their award, they shall be committed for trial before the Resident, who will not only cause the original sentence to be carried into execution, but, at his discretion, order a punishment suited to their contumacy.

54. An appeal may be made in the usual manner, in civil cases, from the officer of the Division's Court to that of the BopÁti at the chief town of the district; and any complaint for unjust or arbitrary proceeding, on the part of the subordinate police officers, will likewise be received there.

55. Of every proceeding of this court a regular record shall be kept; one copy to remain at the police station, and another to be forwarded to the chief of the district.

56. A fee of half a rupee from each party shall be levied prior to hearing the cause, to be divided among the officers of police; and ten per cent. on the amount of the sentence in civil cases is, according to the custom of the country, to be taken from the loser of the suit, to be carried to the account of government.

57. The officers of divisions will be held fully responsible for a zealous and conscientious discharge of the important duties entrusted to them, and shall meet with exemplary punishment, in the case of any negligence or corruption being established against them.

58. To the BopÁtis, or heads of districts, is consigned the general superintendance and care of their respective districts. But as these high officers must frequently be required to attend at the place where the Resident himself lives, that their districts may not suffer any inconvenience from their absence, they are empowered to delegate their full authority to their deputies, or PÁtehs, who shall preside in their courts, and issue and receive orders, in every respect, like themselves.

59. They shall, every six months, furnish to the Resident abstract accounts of the state of cultivation and population within their districts, according to forms which will be given to them, and accompanied with such remarks as may suggest themselves.

60. On every Monday morning they shall deliver to the Resident a detailed statement of the proceedings of the foregoing week, containing an account of new settlers, persons emigrated, offences committed, offenders apprehended, and in short, of every thing remarkable.

61. The heads of districts shall receive all orders directly from the Resident, and take due measures for carrying them into immediate execution. The officers of divisions, heads of villages, and all other police servants within the district, are placed immediately under their control; and they will most vigilantly watch over the conduct of them, reporting instantly to the Resident every instance of negligence or crime that may fall under their observation.

62. They will be open to receive complaints or petitions of every de[Vol II Pg lxiv]scription; reporting and issuing the necessary orders on them without delay.

63. In forwarding persons apprehended within their districts to the seat of the residency, they will be particularly careful that the least practicable delay occur; no prisoner, on any account, being detained by them, of their own authority, for a longer space of time than twenty-four hours.

64. In forwarding persons, papers, or treasure, they will observe the mode prescribed in Section 38 of this Regulation.

65. On the receipt of an inquest report from the officers of divisions, it shall be submitted to the chief JÁksa and Panghulu of the district for their opinion, and on this opinion the necessary measures shall be taken.

66. At the chief town of each district a regular court shall be established, in which the BopÁti or, in his absence, the PÁteh, shall preside, assisted by the JÁksa, Panghulu, and other law officers appointed.

67. This court shall be held in some open spot in the town, at least twice a week, or oftener, if necessary.

68. Its authority shall, however, be confined entirely to civil matters; all cognizance of criminal cases, beyond that already allotted to the officers of divisions, being vested solely in the court where the Resident himself presides.

69. In the BopÁti's court shall be received appeals from those of the officers of divisions, on institution of which the appellants shall pay a fee of one rupee.

70. Before deciding on these causes, the record of the former trial shall be read, and such new evidence taken as may be produced.

71. If the former sentence be reversed, the costs which shall have been kept in deposit shall be refunded to the appellant, and levied from the other party.

72. And in confirming it, an enhancement of these costs is left to the discretion of the court; provided, however, the whole never exceed fifteen per cent. on the sum originally sued for.

73. A second appeal to any other authority shall, in no instance, be permitted.

74. The BopÁti's court shall be competent to receive complaints in civil cases, where the amount at issue is not less than twenty, nor exceeds fifty, rupees.

75. This complaint being filed, a copy of it shall be sent to the person complained of, with an order to answer it at most within a week; and, on receipt of this answer, notice shall be given on what day (at farthest a week from the time of the receipt) the cause will be tried. Such witnesses as are necessary will be summoned; and, on the day prescribed, the complaint and answer being read, and evidence being taken, the court shall give its decision.

76. In failure of the complainant's appearance, the cause shall be dismissed; and on the part of the defendant, if he give not in his answer as required, or appear not when summoned, the case shall be proceeded with, and sentence given on ex parte evidence. [Vol II Pg lxv]

77. The BopÁti, or his deputy, shall require the JÁksa and Panghulu to assist him with their advice throughout the trial, and to expound the law where it is not sufficiently clear. Should their opinions concur with that of the president of the court, he shall pass his decision, and carry it into execution without further delay; but when their opinions are at variance with his, he shall, previously to pronouncing sentence, refer the case, with the several reasons detailed which have influenced each opinion, to the Resident, who shall consult with the chief JÁksa and Panghulu of the residency, and return his orders on the subject.

78. A fee of one rupee shall be taken from each party, on giving in the complaint and answer; and ten per cent. on the amount of the sentence shall be levied from the loser of the suit. The fees to be divided among the officers of the court, and the costs to be carried to the account of government.

79. All proceedings are to be carefully noted down, and preserved as records. One copy to be kept in the archives of the BopÁti, and another to be forwarded to the Resident.

80. An appeal, in causes originating in this court, shall lie to that of the Resident; provided notice of the appeal being intended to be made, be given in on the day of trial, and the appeal itself be made within a week after.

81. In this case the costs shall, nevertheless, be immediately levied, and held in deposit till the appeal be decided on. Sufficient security shall also be given for the amount of the sentence.

82. Moreover, on the first institution of all civil cases, in this and every other court, good security must be taken for the amount of possible costs, both from the complainant and person complained of.

83. The BopÁti will be held responsible for the faithful and just discharge of these his high duties. To him does government look, not only for the vigilant administration of police, and impartial distribution of justice throughout his district, but for the zealous execution of every measure that can at all conduce to the preserving that district in a flourishing and happy state.

84. The duties attached to the office of Resident itself are fully explained in the general instructions given to that officer on his first entering into his situation. In this regulation only such parts of the charge committed to him will be dwelled on, as belong properly to the judicial department of his service, to his deliberative and executive powers as chief judge and magistrate of the province.

85. As, however, the due exertion of these powers may require a much larger portion of time than can be possibly devoted to them by a single individual, and more particularly, as much of his attention must be directed to other objects, he is empowered to delegate their full participation to his deputy or assistant, whether in presiding in his court, or in issuing and receiving such orders and instructions as the government of his residency may render necessary.

86. The several Residents, and their deputies or assistants, previously to entering upon the execution of the duties of their office, shall take and[Vol II Pg lxvi] subscribe the following oath before the Honourable the Lieutenant-governor in Council, or such person as he may appoint to administer the same.

"I,?—?—, solemnly swear that I will truly and faithfully execute the duties of my office; that I will administer justice to the best of my ability, knowledge, and judgment, without fear, favour, promise, or hope of reward; and that I will not receive, directly or indirectly, any present, either in money or in effects of any kind, from any party in any suit or prosecution, or from any person whomsoever, on account of any suit, prosecution, or other legal proceeding to be instituted, or which may be depending, or have been decided, in any court under my jurisdiction; nor will I, directly or indirectly, derive any profits from my station, except such as the orders of government do or may authorize me to receive.?—So help me God."

87. The presidents of other subordinate courts shall take and subscribe before the Resident, oaths of a similar nature and form, to be administered by the priests, according to the custom of the country.

88. The JÁksas and Panghulus shall likewise be required to take and subscribe an oath in the following form:

"I, ?—?—, JÁksa (or Panghulu), do solemnly swear, that I will faithfully execute the office entrusted to me; I will answer truly to the questions put to me in writing, or by word of mouth, by any judge of the courts to which I belong, declaring or writing down freely, without fear or partiality, what is the written acknowledged law or local long established usage; and I will declare or give in writing nothing that is not warranted by the law or custom. And I promise and swear not to accept of any consideration, in money or otherwise, for any opinion or declaration of the law or custom I may deliver, as JÁksa (or Panghulu) of any court."

89. In the sixth clause of the Proclamation by government, dated 21st January, 1812, provision was made for the establishment of a Landrost's court; but, in the present state of circumstances, government deeming it advisable that a considerable extension of the powers vested in that court should be given, for the more prompt and effectual administration of justice, it is ordered, that the following sections be considered as an enlargement and modification of that clause, and that in lieu of the landraad therein appointed, there be constituted a court, to be in future called the Resident's.

90. This court shall be composed in the following manner. The Resident or his assistant shall sit in it as sole judge or magistrate. The BopÁtis of the several districts, or their deputies, shall attend to assist the Resident, through every stage of the proceedings, with their advice, or with such information as he may require. The head JÁksa and Panghulu shall be in waiting to expound, where necessary, the law, to state the local usage, and to take down notes of the evidence. The JÁksa of that district in which any crime has been committed, shall be the public prosecutor, where no private one appears. The other native officers shall be such as have been used heretofore to compose courts of this nature. [Vol II Pg lxvii]

91. This court shall be held at least twice in every week, or oftener if necessary, in the Passerban, or Residency public court-room, for the purpose of hearing complaints of every description that may be brought before it, of examining into all offences reported to have been committed, and trying all causes, whether civil or criminal, that occur in the Residency; with the exception only of those that will, in a subsequent section, be pointed out, as belonging to another and higher authority, the Court of Circuit.

92. The court shall be held open from the hour of ten in the fore to that of three in the afternoon.

93. For greater precision, the court days may be fixed to the Monday and Thursday of every week. It is, however, left to the Resident to alter these days of sitting, whenever he may deem that there is sufficient reason for so doing, observing, in such cases, to give public notice of the intended change at least one court day preceding it.

94. The chief JÁksa, who will have the custody of all persons apprehended and brought into the town until regularly committed to gaol, shall immediately, on opening the court, present to the Resident a list of such prisoners as have been confided to his care since the last court day, stating from whence they came, what the nature of the offence alleged against them, the names of the witnesses brought to prove it, and other necessary information connected with their apprehension.

95. The Resident shall then commence on the investigation of the cases, ordering in each that the report of the officer of division, and original complaint, be first read, and proceeding afterwards to the examination of the witnesses.

96. Should it appear to the Resident that there is not sufficient evidence against the accused, and should the complainant not be able to adduce any further, the prisoner shall be immediately released out of custody.

97. But should the complainant state that he can produce more witnesses, he shall be required to enter into a penalty-bond for their appearance on a given day (that day to be as little distant as possible, nor, if practicable, to exceed a week from the time of this first examination), and the prisoner shall, in this case, be admitted to bail, provided the offence be of a bailable nature.

98. If the offence charged against him be one that does not admit of bail being taken, the Resident shall sign a warrant to the gaoler, to receive and hold him in safe custody until he shall be discharged by due course of law.

99. On the second examination, should the innocence of the prisoner appear sufficiently clear, he shall be forthwith released; but should, on either the first or second day of inquiry, such presumption of guilt be established, as to render necessary a regular trial, the prisoner shall stand fully committed for it, and be remanded to gaol, there to remain until that day of trial arrive.

100. If the crime imputed to him be murder, treason, gang-robbery, or any other for which the sentence may amount to death, the Resident shall[Vol II Pg lxviii] not himself proceed further in the case, but commit him to prison, to take his trial before the Court of Circuit, of which more shall be said hereafter.

101. Should the offence with which he is charged be one of any less magnitude than capital, the Resident shall, in ordering him to jail, notify to the prisoner on what day his trial shall come on before himself. That day must not, without some good and sufficient reason, to be reported to government, exceed the distance of a week from the day of his commitment to prison.

102. On the day of trial, the prisoner being brought up, the former proceedings shall be read, and the witnesses again examined, and such further evidence, on the part of the prosecution, be taken as may be necessary. The prisoner shall then be called on for his defence, and the witnesses adduced by him be heard and examined.

103. The Resident shall finally sum up the evidence, and stating the reasons that have influenced his opinion, and the law of the case, pronounce sentence accordingly.

104. In these, and all other cases, whether civil or criminal, which come, before him, the Resident shall be guided in his decisions by the existing native laws, and ancient customs of the island; provided the same be not decidedly at variance with the universal and acknowledged principles of natural justice.

105. In every instance where the opinions of the Panghulu and JÁksa are in accord with the judgment of the Resident, and in which the punishment fixed to the crime does not amount to imprisonment or transportation for life, the sentence of the Resident shall be final, and be immediately carried into execution.

106. But whenever the opinions of the Panghulu and JÁksa shall be in opposition to that of the Resident, or in which the punishment of the crime shall amount to imprisonment or transportation for life, all the proceedings shall be immediately transmitted to government, with the Resident's statement of the reasons and regulations on which he has formed his opinion; but he shall delay the pronouncing sentence, until the approval of the Honourable the Lieutenant-Governor shall have been obtained.

107. In all cases whatever of trial before this court, the Resident shall transmit to government, in English, a statement of the offence charged against the prisoner, the substance of the evidence on the prosecution and defence, the 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 on which he has formed his own opinion. The JÁksa and Panghulu are required to take notes of the evidence, and to state their respective opinions on the case in 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:

109. It shall be competent to receive original complaints of every de[Vol II Pg lxix]scription, and to try such appeals as may be made to it from the decisions of the BopÁti's court.

110. On receipt of this complaint, if the amount at issue exceed not twenty rupees, the Resident, at his pleasure, may refer it to be inquired into and tried by the court of the officer of the division in which the matter complained of occurred; or should the amount be not above fifty rupees, he may make it over to the authority of the BopÁti's court of that district in which the subject at issue has originated. But all complaints which concern a sum of money exceeding this, must be tried only by the Resident's court.

111. It is also competent to this court alone to take cognizance of any suits, however trivial the amount at issue, which may be considered as involving in them any of the rights of government.

112. In trying appeals from the BopÁti's courts, after reading the proceedings on the former trial, and re-examining such old, or hearing such new evidence as may be adduced, the judgment which shall then be passed shall be considered as final.

113. In reversing the former decree, the appellant shall have refunded to him the costs which have been kept in deposit, and these shall be then levied from the other party; but if confirming the former judgment, it shall be left to the discretion of the Resident to enhance those costs as he may think fit; provided, however, that the whole sum do not exceed fifteen per cent. on the amount of the sentence.

114. The appellant, on the institution of the suit, shall pay such fees as are customary in the institution of original suits; but the other party shall not be charged with any fees whatever.

115. When an original complaint is given in, it shall be filed, on a fee of one rupee being paid, and sufficient security given for the possible amount of costs.

116. A copy of this shall then be sent to the person or persons complained of, who shall be required, within a certain given time, not to exceed a fortnight, to send in the answer; at which time they will also pay a fee of one rupee, and give good security for the amount of possible costs.

117. On receipt of this reply, a day shall be appointed for the trial of the cause, notice of which shall be given to each of the parties; and both they and such others, witnesses or accessaries, as may be necessary, shall be summoned to attend on that day. The cause shall then come to a regular hearing, and be decided on, according to the mode already laid down for the inferior courts.

118. On the decision of the suit, a fee of two rupees from the gainer, and of one from the loser of it, shall be received; and costs, at the rate of ten per cent. on the amount of the sentence, being the custom of the country, shall be levied from the party against whom the decision has been given.

119. In all causes originating in the Resident's court, an appeal shall be permitted to the Honourable the Lieutenant-Governor; provided that notice of such intention be given on the day of trial, that the costs be[Vol II Pg lxx] lodged in court, and sufficient security offered for the amount of the sentence, or that amount be paid in, to be kept in deposit until the appeal shall have been determined on.

120. Appeals from the Resident's decisions are limited to the space of one month from the day of trial.

121. The Honourable the Lieutenant-governor will, of course, after due investigation, alter, reverse, or confirm the former sentence, with remission or enhancement of costs, as to him shall seem best.

122. Whenever the two parties in a civil suit, in any stage of it previous to the decree, shall give in to any of the courts an agreement signed by both, stating that they are willing that all further judicial proceedings in the case be dropped, as being satisfied with what has already passed, or mutually content to settle whatever further is requisite between themselves, or by the arbitration of friends, the court shall place this paper among their records, and cause the proceedings in such suit to be immediately closed.

123. In these cases, half costs, or five per cent, only on the amount of the suit, shall be levied. Of this the two parties shall pay an equal share, or two and a half per cent each, with a fee also of a rupee each to the court.

124. All fees will be divided among the officers of the court, and all costs be carried to the account of government, for the purpose of defraying the expenses to which they are put in the establishment of these courts.

125. The same attention shall be paid to the opinions of the JÁksa and Panghulu in civil as in criminal cases; namely, that when at variance with that of the Resident, reference shall be made to the Honourable the Lieutenant-Governor, accompanied by the detailed statements, and the decision only carried into execution when his instructions, in reply, shall have been received.

126. A record of each trial shall be kept in the archives of the court, consisting of the original complaint, the reply to it, a statement of the proceedings that ensued, and the judge's final decision.

127. Copies of any of these shall be given to any one who may apply for them, on the payment of half a rupee for each paper.

128. Registers shall be framed from these records, one in English and one in the vernacular language (of course separate ones for civil and criminal matters), stating the charges, names of parties, of witnesses, nature of evidence, sentence passed, &c. according to forms to be furnished to the Resident; and of these, one copy shall be kept in the court, and another shall be transmitted, before the 5th of every month, to the Honourable the Lieutenant-governor.

129. A register shall also be framed, and sent at the same time, of all persons apprehended, but afterwards released, stating their names, crimes imputed to them, nature of evidence for and against, and reasons for releasing them.

130. Quarterly reports shall likewise be furnished by the Resident of the general state of the districts entrusted to his care; and every six[Vol II Pg lxxi] months abstract accounts must be forwarded of the increase or decrease of population, the general condition of the cultivation, number of new settlers and persons emigrated, and generally of whatever relates to the details of his administration, with such remarks and comments as he may deem necessary.

131. In summoning persons to attend his court, he shall have a certain regard to the loss or inconvenience those persons may sustain in being taken away from their usual employments or duties. The cultivator of the soil, in particular, is not unnecessarily to be brought from his fields; and, in many cases, a slight delay of trial may be better than causing the industrious inhabitant to lose the fruits of his labour by attendance at court, when harvest, or other rural duty, demands his presence and entire attention. This, however, is an evil that cannot always be guarded against; but it ought to be so, to the extent of the Resident's power, and as far as the satisfying the more important ends of justice will admit of.

132. As an additional check to its occurrence, a discretionary power is vested in the Resident, of punishing by fine the complainant in such suits as may, in the opinion of the Resident, be satisfactorily established to have owed its origin to grounds merely vexatious, and this fine will of course be given to the person who has suffered by the process.

133. As it is most essential that access to justice and redress be rendered as easy and free as possible to the injured, the Residents are ordered to receive at all times, and to pay the utmost attention, to every petition that may be presented to them.

134. But as, in the ordinary course, the officers or servants of government, or others, may, from interested, partial, or resentful motives, find means to debar approach to the Resident in his house, he shall cause a box to be placed at the door of the court, into which petitions may be dropped; of this he shall himself keep the key, and, on going into court, open it with his own hand, and have the contents read to him. He shall, at the same time, in the open space before the court, invite the giving in to him any complaints from persons who may consider themselves as aggrieved.

135. It must be observed, that in all causes which come into the courts, the respective parties in them shall plead in their own behalf. It not having been heretofore usual to employ Vakeels, or native lawyers, for this purpose; no persons of this description shall be admitted. And it is trusted that litigation will be considerably reduced and discouraged by this measure, as the trouble of it will then fall heavily and entirely on the principals themselves; that class of people not being allowed to exist, who, as deriving from litigation their sole subsistence, may fairly, and without invidiousness, be considered as having some interest in increasing the business of the courts.

136. The Resident is particularly enjoined to pay the greatest attention to the state of the persons in confinement by his orders.

137. There shall be one gaol only in each Residency, and that at the place where the Resident himself resides. He shall visit it at least once a fortnight, and redress all complaints that may be preferred to him by the[Vol II Pg lxxii] prisoners of ill treatment, punishing amply every instance that shall come to his knowledge, of misconduct in the gaoler or other officers in charge of the prison.

138. He shall take, too, the necessary measures for the preservation of the health and cleanliness of the prisoners; requiring the Surgeon of the Residency to visit them at least once a day, and to administer to the sick. The Surgeon shall be further directed to deliver in a monthly report to the Resident on this subject, stating the number of sick, nature of disease, cause of it where assignable, and result of his medical operations in the several cases. To this may be added any suggestions that may be deemed beneficial.

139. The internal arrangements of the gaol ought to be so ordered, that the prisoners shall not be confined together promiscuously, but different apartments be allotted, not only for persons of different sexes, but also for those in confinement for different gradations of offence. For the following descriptions of prisoners, separate wards ought to be formed. Prisoners under sentence of death. Prisoners confined under sentence of the Court of Circuit or of the Resident. Prisoners committed to take their trial before the Court of Circuit. Prisoners committed to take their trial before the Resident. And one spacious and airy apartment should be reserved for such persons as are awaiting the preliminary examination in the court.

140. All prisoners or witnesses detained in criminal cases shall be maintained at the expense of government. But the subsistence of persons confined on civil accounts shall be furnished in the usual manner by the complainants in those suits.

141. The rate of maintenance must depend on the general price of food in the district where the confinement takes place. It ought to be sufficiently ample to secure the necessaries of life, but by no means any thing further; it ought not, in short, to be higher than the price for which the lowest description of labour could be obtained. On this principle the Residents will regulate the allowance for prisoners, and when settled and approved of by government, it shall be considered as fixed, and be publicly made known.

142. The Residents finally shall see that the prisoners receive all the comforts compatible with their respective situations, and that the allowance granted by government, or others, for their support, be properly applied.

143. With respect to the authority of the Resident's Court over Europeans, Chinese, or other foreigners, though it has not heretofore been ordered that they be amenable to any but the courts of justice in Batavia, SemÁrang, and SurabÁya; yet as great inconvenience may be, and has been experienced, from their being under a separate jurisdiction from their fellow-inhabitants, and as it is the wish of government that they be allowed to partake of every benefit afforded to its other subjects, of which a prompt and easy access to justice must be considered as the chief, the following orders are issued respecting them. [Vol II Pg lxxiii]

144. No Europeans, Chinese, or other foreigners, at present settled, or who, in future, may wish to settle in the interior, shall be allowed to reside in any part of the country without the immediate limits of the towns of Batavia, SemÁrang, and SurabÁya, unless they present themselves to the Resident, to be regularly enrolled in a register to be kept for that purpose, and obtain from him a license for remaining. This license shall not be granted, unless each individual enter into a penalty-bond of five hundred rupees, that he will abide by the civil decisions of the Resident's Court to that amount; but if this be agreed to, the license shall on no account be withheld, unless the Resident can, and does, give such reasons for withholding it as the government shall approve of. No fee whatsoever shall be given for these licenses.

145. Should it, at any time, happen that a cause, in which more than five hundred rupees is at issue, should come before the Resident, wherein a foreigner living in the interior is concerned, the Resident shall call on him to execute a further bond, which may cover the amount of the suit; and in case of refusal to do so, he shall not be permitted any longer to reside within his jurisdiction.

146. After taking out these licenses, foreigners shall, in every respect, be considered in the same light as other inhabitants, and sue and be sued precisely in the same manner as the natives.

147. Should any foreigner, after these precautions, refuse to abide by the decision of the Resident, a report on his conduct shall be forwarded to government, and he shall instantly be made to leave the interior, and be prosecuted for the amount of the penalty he has incurred, in the established manner, in the courts of justice at Batavia, SemÁrang, and SurabÁya.

148. In criminal cases, where a foreigner is charged with any offence, the Resident shall execute the duties of a justice of the peace, issuing a warrant for his apprehension, examining into the evidence adduced, and, according to circumstances, releasing him forthwith, or committing him to take his trial before the Court of Circuit.

149. It must be understood, that the term here of "foreigners" is intended only to include Europeans, Chinese, Arabs, Mussulmen from the various parts of India, or, in short, the natives of any country that is without the limits of the Malayan Archipelago. But as there will resort to the coasts of Java, in small trading vessels, very many of the inhabitants of the neighbouring islands, to whom the entering into bonds, or being subject to other such legal forms, would prove a serious inconvenience, serving perhaps eventually to discourage them considerably from engaging in such commercial adventures, which it is rather the wish of this government in every way to promote; and as by the religion, laws, and usages of this and the various islands in the vicinity, being, both in form and substance, nearly identified (differing only in some few instances in shades slight and of little moment), it cannot be considered as repugnant to the principles of justice, that they be at once held amenable to the jurisdiction established for this island, during their continuance on it; and it is therefore ordered, that they be looked on and proceeded with in[Vol II Pg lxxiv] manner 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 immediately on the effects of the deceased, after defraying the expense of interment; and to report the same immediately for the further orders of government; and, in the event of the death of Burghers, Chinese, Mussulmen, or others, he will be guided by the laws and 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 due to government, no property be transferred or sold until the same have been satisfied, or until the pleasure of government is known.

151. The Court of Circuit has already been established by the fifth clause of the Proclamation by government, dated the 21st January, 1812. But as the taking away at once the president and one member from the courts of justice rendered those courts, in their absence, incompetent to carry on the current business of their districts, and as a more particular definition of the duties attached to this department is deemed necessary, the following sections must be considered as an enlargement and modification of that clause.

152. In order to ensure the regular, certain, and impartial administration of justice throughout the different districts of the island, one member of the Supreme Court of justice at Batavia, and of the courts of justice at SemÁrang and SurabÁya, shall four times in the year, at stated periods, or oftener if necessary, make a circuit through the districts, under the jurisdiction of their respective courts, for the purpose of hearing and trying all such offences and criminal cases within the same, as shall have been made over to them by the magistrates appointed for that purpose.

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 in the 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 or magistrate shall have in readiness to deliver to him a list of the persons committed to prison, 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, must always be received with circumspection and tenderness), 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 judge of circuit, on his arrival at the station, a separate list of all such persons as he may, within the last three months, have apprehended and discharged for want of sufficient evidence against them; that is, of all such as would, had presumption of guilt been sufficiently established, have been made over to the court of circuit for trial. [Vol II Pg lxxv]

156. The judge of circuit shall then proceed to hold his court. Such officers shall belong to it as he may have brought with him for that purpose, and he shall be attended by all such others belonging to the Resident's establishment, as he may deem necessary.

157. The court shall be held in the Paserban, or usual chief room of justice belonging to the station; and the Resident, in carrying on any judicial or magisterial proceedings, during the continuance of the judge of circuit at his station, shall use for that purpose some other convenient place.

158. On opening the court the head JÁksa shall present a list of persons summoned to act as jurymen; out of which five shall be taken in the usual manner, and be empanelled.

159. The persons composing this jury ought to be as near on an equality as to rank in life with the prisoner as possible. But no one under the rank of a head of a village shall be competent to act as a juryman, as persons below that office, or in the very lower orders of life, cannot be supposed to possess either independence or knowledge sufficient to qualify them to execute justly the duties of the situation. The person senior in dignity among them shall be appointed to act as foreman; and, for this purpose, it may be as well that one of higher rank than the other four should be always selected in the first nomination of the jury.

160. A right of challenge shall belong, as in the English courts, to both the prosecutor and the prisoner.

161. The head of the village in which the offence is alleged to have been committed, shall not be permitted to act as juryman in the trial.

162. No other prescribed disqualification exists against persons of that or higher rank; the right of challenge being deemed sufficient to secure the forming of a competent, unbiassed, and independent jury.

163. The cause shall then be proceeded with; and sentence being passed, it shall become the duty of the Resident to see that it be carried duly into execution, a warrant for that purpose being given to him, under the seal and signature of the judge of circuit.

164. The circuit judge, throughout the conduct of the cause, in his mode of proceeding, of summing up the evidence, receiving the verdict of the jury, and passing sentence on the prisoner, shall be guided entirely by the established rules of his court, the regulations of government, and the general instructions he will receive.

165. And with respect to the law which must guide him throughout, he must, in the first instance, take down the native law in the case as may be expounded by the PanghÚlu and JÁksa; and modify thereon his decision, according to the provisions of the colonial law, and the acknowledged principles of substantial justice.

166. He shall not only try such cases as may have been made over to his court, previously to entering the district, but also any such as the Resident may make over to him while there.

167. He shall, on closing his court at each station, forward to the Honourable the Lieutenant-governor, a clear and full report of all his proceed[Vol II Pg lxxvi]ings, stating the names of the prisoners tried by him, the nature of the evidence adduced on behalf of both prosecution and defence, the verdict of the jury, and his consequent sentence thereon.

168. If, in any case, his opinion differ from that of the jury, he shall detail the reasons which have influenced him in that difference; and he shall always state any such circumstances as may warrant a mitigation, or even total remission of the punishment.

169. The approval of these proceedings, and the instructions on them from the Honourable the Lieutenant-governor, must be received prior to his issuing his warrants to the Resident.

170. But as this communication, and the reply to it, may induce too great a delay, the judge of circuit must, on shutting his court, remand the prisoner to gaol, and move on himself to the next district he has to visit; from whence he will be able to send back the warrants to the Resident, when an answer to his report shall have been received.

171. Accompanying this report, the judge of circuit shall forward to government a detailed opinion on the state of the Residency, with respect to its police, its general administration, and other circumstances connected with its actual condition; suggesting, at the same time, any such improvement as, in his opinion, would be conducive to its general prosperity.

172. It remains, finally, to be observed to the Residents, that as the police of different districts must be, in some measure, adapted to various circumstances and localities, they are authorized to enlarge upon these general regulations for the administration of that department within their respective jurisdictions, reporting their suggestions of improvement to government. But it is recommended to those officers to become well acquainted with the ancient usages and institutions of the people placed under their authority; and in submitting their observations, they will be solicitous rather to improve upon the solid foundations of ancient regulations and customs, both acknowledged and understood by the people, than to invent new systems of administration, which for some time must, of necessity, be quite unintelligible to the inhabitants, and which, after the experience of a few years, may probably be found to be by no means congenial to their genius or habits.

173. Copies of this Regulation shall be forwarded to the various officers of government concerned in the carrying it into execution; and translations of it, in the Javan and Malayan languages, shall be furnished to the BopÁtis and other native officers. It shall be the duty of these to explain and cause to be made known its purport throughout the country; and for the doing this the more effectually, copies shall always lie on the tables of the several courts, to be open for public reference and inspection. [Vol II Pg lxxvii]

                                                                                                                                                                                                                                                                                                           

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