consisting of 700 pikuls Copper, to be paid by
Government, at 25 R. Drs. each 17,500 --
Freight of Ships employed, 1,216 tons,
at 98 Sp. D. each 145,920 --
--------- 163,420 --
----------
Total Expense on Account of the Adventure 379,397 14
To balance in favour of the Voyage 507,147 24
----------
Total R. Drs. 886,544 38
----------
_Cr._
-----------------------------------------------------------------------
Amount Sale at Japan of the following Articles.--
Rix-Dollars. Rix-Dollars.
1,500,000 lbs. of Sugar, at 7 tahils the
120⅞ lbs. (each tahil being
equal to 40 Stivers)
amounting to 72,388 40
37,500 do. Tin, at 25 tahils
each pikul of 120⅞ lbs. 6,463 14
4,000 do. Cotton Thread, 25 do. 689 20
30,000 do. Black Pepper, 15 do. 3,102 18
30,000 do. Cloves 150 do. 31,023 36
2,987 do. Seed Cloves, 40 do. 823 34
30,000 do. Lead 10 do. 2,068 12
100,000 do. Sapan Wood, 5.5 do. 3,791 38
2,000 Pieces Patna Chintz,
2 tahils each piece 3,333 16
1,651½ do. Cloths in sorts 4,689 19
40 do. of Woollens of sorts, 90 tahils 3,000 --
82 do. of Long Ells of sorts, 30 do. 2,050 --
110 do. Perpetuans 25 do. 2,291 32
5,137 do. Camlets 4 do. 5,965 --
3,500 do. Ducatoons 2 5.2.5. do. 7,364 28
The Presents are calculated at 8,000 --
----------
R. Drs. 157,045 19
The surplus of the Trade calculated 3,333 16
----------
Making together 160,378 35
Where from must be deducted:
The Amount of Expenses and Disbursements at
Japan in one year, for the Establishment,
&c. and also the loss on the weight of the
Sugar 51,285 32
The Amount of Money and Merchandizes required
for making the journey to the Court of
Jeddo 16,666 32
----------
67,952 16
Remaining to be employed for the purchase of ----------
Copper and Camphor 92,426 19
Particulars as follows:
8,475 pieces of Copper, at tahils
12.3.5. each 87,221 32
200 do. Camphor, do.
21 do. 3,500 --
4,000 chests for Copper, do.
2.8.1.5.5 do. 1,146 32
200 bales for Camphor 180 --
2,525 planks for Dunnage, at tahils
18 each 100 378 3
----------
Amount as above to 92,426 19
----------
The above Copper, and that delivered by the
Resident being stamped into lumps,
amount to 933,369 38
Deduct Charges of the Mint 71,000 --
----------
Remain 862,369 38
The Amount of 200 pikuls Camphor, to be sold
at 36 Stivers per pound 24,175 --
----------
Total R. Drs. 886,544 38
----------
N.B. A considerable part of the profit above stated, ought properly to
be credited to the Mint, the whole of the copper received from Japan
being stamped into lumps, and introduced into the currency of Java at a
rate above its intrinsic value.
VOYAGE TO JAPAN (IN THE YEAR 1806) IN ACCOUNT CURRENT
CONTRA.
_Dr._
-----------------------------------------------------------------------
Rix Dollars.
To 1,269,679 lbs. of Sugar at 6½ Sp.D. per pikul 63,483 60
25,000 do. Tin 18 do. 3,600 --
102,000 do. Sapan Wood, 4½. do. 3,672 --
12,000 do. Cloves, first sort, 2 Rop. per lb. 11,250 --
5,087 do. do. second do. 2 do. 4,769 4
10,000 do. Pepper 11⅓ Sp.D. per pikul 906 48
100 do. Nutmegs 1⅞ per lb. 187 32
6,000 do. Cotton Thread 41¼ per pikul 1,980 --
6,082 Ells of Woollens 26,777 46
2,842 do. Kerseymeres 7,548 28
778 do. Plush 2,064 24
59 do. Fustians 963 48
35 do. Roselets 519 48
5 do. Durants 76 48
20 do. Carpets, English 44 24
1,812 do. Kerseys. 2,691 28
61 do. Morin. 996 24
4,900 do. Chintz, Bengal 10,048 24
590 do. do. Guzzerat 523 30
179 do. Cabayahs, Malabar 389 18
220 do. Palempores 462 50
20 do. Salempores 84 4
814 do. Fish Skins 540 10
96 lbs. of Saffron 2,459 8
122 do. Quicksilver 205 12
1,200 do. Spanish Liquorice 680 10
15,181 do. Catchu 2,705 61
2,143 do. Elephants' teeth 3,577 44
3,500 do. Ducatoons 4,593 48
Presents 2,082 24
House Expenses 2,525 --
----------
CHARGES AT BATAVIA. 161,008 62
To Godown, Prow and Cooley hire. 2,846 -- ----------
Customs, House Duties. 2,846 --
Freight of two Ships employed, at the rate of
100 Spanish Dollars per ton 99,532 32
To Charges, viz JAPAN. ---------- 105,224 32
Presents to the Emperor 3,800 --
Expenses conveying the same to the Roompot 7,000 --
Presents to the inferior Officers of the
Court 4,800 --
Annual Salary of the Company's Servants 1,345 --
Annual Table Expenses for do. 3,750 --
Expense landing and storing Cargo 3,036 --
Loss on the weighable Articles of the
Cargo, at five per cent 2,045 --
Commission on Cargo, 5 per cent. 7,143 --
Annual Rent of the Island occupied by the
Company's Servants 3,462 --
Annual Salary of the Japanese to guard the
said Island 1,480 --
Presents to the inferior Officers, to
procure permission of a further
exportation of Copper, 5,000 pikuls being
allowed only annually 716 --
Petty Charges 148 30
--------- 39,625 30
To 700 pikuls of Copper, at 18¾ Sp.D. per
pikul of 120⅞ lbs 13,125 --
7,820 pikuls of Copper, 12.3.5. tahils per do. 60,360 40
640 do. Camphor, at 18.4. tahils per do. 7,360 --
Bales 413 8
4,500 Chests for Copper 791 16
2,200 Planks for Dunnage 247 32
--------- 82,297 32
To Amount borrowed from the Treasury 5,428 --
To Balance in favour of the Voyage 175,505 34
----------
Total R. Drs. 569,089 62
----------
_Cr._
JAPAN.
Rix-Dollars
By sold
1,269,679 lbs. of Sugar, at 7 tahils
per 120¼ pieces 45,907 32
2,500 do. Tin 25 do. 3,226 32
102,000 do. Sapan Wood, 5.5. tahils per lb. 2,897 46
12,000 do. Cloves, first sort, 150 do. 9,297 32
5,087 do. do. second do. 40 do. 1,051 2
10,000 do. Pepper 15 do. 774 41
100 do. Nutmegs 100 do. 51 40
6,000 do. Cotton Thread 25 do. 774 50
6,082 Ells of Woollens, 7 per 2⅞ per pikul 9,255 --
2,842 do. Kerseymeres, 4.8. do. 2,960 --
778 do. Plush 6 do. 920 --
59 Pieces of Fustians, 3.2. per piece 118 --
35 do. Roselets of 2033¾ Ells.
1.6. per 2⅞ 677 32
5 do. Durants, 190¾ 1.2. do. 47 18
20 do. Carpets, English do. 20 --
90 do. Kerseys, at 18 tahils per pikul 1,012 32
6 do. Morin, 1.9.6 do. 76 --
4,900 do. Chintz, Bengal, 2. do. 6,125 --
590 do. do. Guzzerat, 1.4. 553 8
179 do. Cabayahs, Malabar, 1.9.4. 223 48
220 do Palempores 4.4. 618 40
20 do. Salempores 40 --
814 do. Fish Skins, 200 tahils 125 --
96 lbs. of Saffron 2,731 22
122 do. Quicksilver, 100 tahils
per 720⅞ lb. 62 32
1,200 do. Spanish Liquorice, 832 lb. 600 35
15,181 do. Catchu 30 do. 2,351 56
2,143 do. Elephants' Teeth, 230 do. 2,545 40
3,500 Pieces of Ducatoons, 8,836 tahils 5,522 32
Presents from the Emperor 2,812 32
Cash borrowed from the Imperial
Treasury to complete the Cargo 5,428 --
-------- 108,797 62
BATAVIA.
Amount Sales Copper
8,238¹⁰⁵⁄₁₂₅ Pikuls, say 50 Drs. per pikul
or 125 lb. 411,942 --
Amount Sales Camphor, at
40 Stivers per lb. 48,350 --
-----------
Total R. Drs. 569,089 62
-----------
VOYAGE TO JAPAN (IN THE YEAR 1813) IN ACCOUNT CURRENT
CONTRA.
_Dr._
Spanish Dollars.
To 1,836,270 lbs. of Soft Sugar 88,141 --
18,750 do. Black Pepper 1,960 74
164,000 do. Sapan Wood 750 --
34,349 do. Pig Lead 1,960 74
164,000 do. Sapan Wood 2,668 59
26,461 do. Roll do. 1,960 74
164,000 do. Sapan Wood 3,280 --
87,511 do. Tin, or 700.0.8 pikuls, at 17 per pikul 11,901 36
1,553 do. Elephants' Teeth 600 --
15,000 do. Cloves, at 100 per pikul 10,000 --
15,013½ do. Cotton Thread 4,804 --
514 Pieces of Thornback Skins 276 80
5,019 do. Patna Chintz 6,348 51
60 do. Coast Chintz fine 150 --
166 do. Printed Cottons 2,060 94
26 do. Cambrics 490 --
2,610 do. Surat Palampores 6,210 --
623 do. Silks in Sorts 2,926 50
225 do. Woollens in Sorts 10,916 58
298 do. Long Ells 4,078 84
231 do. Perpetuans 2,977 95
54 do. Camblets 1,400 69
3,500 do. Ducatoons 4,342 42
179,033 32
Paid the Chief of the Factory at Japan for 1,400 pikuls of
Copper delivered to Government 25,000 --
CHARGES.
Spanish Dollars.
Bags for the Sugar, Pepper and Cloves;
Casks, &c. &c. 6,252 --
Packing-cases 713 --
Coolies employed on board the Vessels and in
the Magazines, packing the Cargoes 2,082 50
Prows employed lading the Cargoes 1,200 --
Extra Clerks and Mandores 165 --
Several Articles on Account of the Adventure 168 8
Food for the Elephant and other Animals 268 80
Camphor and packing Cloths, &c. 109 --
Paid the Commissioners for landing the
Copper, &c. at Batavia 250 --
Prows employed landing the cargoes 600 --
Freight of the Ship Charlotte for nine
Months, at 6,600 per Month 59,400 --
Freight of the Ship Mary for eight Months,
at 6,000 Sicca Rupees per Month 22,909 10
---------
94,117 48
298,150 80
Balance in favour of the Voyage 43,975 20
Total Sp.D. 342,126 --
_Cr._
By Cargo brought from Japan, viz.
Spanish Dollars
902,452 lbs. of Japan Copper, at 31 per pikul 223,727 --
60,437 do. Camphor, at 50 Stivers 45,785 --
1,208 do. Pitch 600 --
670,112 --
Spanish Dollars.
Debts of the former Dutch Government paid to
the Emperor of Japan 48,648 --
Woollens, &c. remaining at Japan for the next
Year 15,000 --
Cash in the Treasury for do. 4,688 --
Advanced to the Commanders of the Vessels and
other Persons at Japan, to be repaid at
Batavia 3,678 --
----------
72,014 --
/
/
/
-----------
Total Sp.D. 342,126 --
-----------
FOOTNOTES:
[284] For the regulations by which the trade is limited, see Kempster's
History of Japan. VOL II.
[285] "We were obliged to submit to many insults, and it frequently
happened that the governors declined receiving our representations,
hinting that we might leave Japan altogether and not return again. From
the records also we perceive the despotic regulations resorted to by
the Japanese respecting our nation, in consequence of our having at
that time but little power in India."--_Imhoff._
[286] It is remarkable, that when the Dutch were formerly in the habit
of sending seven and eight ships to Japan, but few losses took place;
whereas afterwards, when only two or three were sent and the navigation
better known, many were lost. The cause assigned is their being
latterly overladen with private trade.
[287] "It is no where evident," says Mr. Imhoff, "that the Dutch ever
gave cause to the Japanese to hate them for being Christians: they seem
rather to have been accused of indifference towards their religion,
although I suppose that the writers on that subject are not altogether
correct."
[288] "Our peaceable conduct at Japan, and the alarm given to that
country by the Russians, plead greatly in our favour; and as it will
be impossible for them to find other Europeans more tractable than
ourselves, they can certainly have no reason to desire our departure
from thence, although it may be undeniable that Japan stands in no need
of foreigners."--_Imhoff._
[289] "In 1637 the Japanese Iron was purchased at two Spanish dollars,
and sold at Batavia for five and a half Spanish dollars the _pikul_. On
account of the smallness of the profit, an annual requisition was made
for one thousand _pikuls_ only."
[290] "From Japan was formerly exported timber, wheat, rice, ambergris,
raw-silk, cotton," &c.--_Imhoff._
[291] Wealth of Nations.
[292] Ibid.
[293] Humboldt's Political Essay on New Spain, Vol. I. page 45.
[294] "Our commercial relations with Japan are of very peculiar nature.
Every one knows ours is the only European nation admitted to it, what
humiliations we are obliged to suffer for it, and what expenses we
incur by our embassies to the court of _Jeddo_. This trade was once
very lucrative, but in the latter years I think it has done little more
than cover the expences incidental to it, and considering the loss of
ships and people, is certainly not such as to justify an exposure to so
many humiliations.
"Notwithstanding this, we have not been inclined to resign the trade;
nor indeed is it either necessary or prudent to do so. But I am at a
loss to know how the government of Batavia will be able to account for
sending there, in the years 1797 and 1798, a strange ship bearing an
American flag, by way of pretence, though really an English vessel,
and commanded by Captain Stuart, a real Englishman, though possessed
of an American pass, although he belonged to Madras or Bengal. To
abandon this trade would be ridiculous, but as it is subject to such
regulations in Japan as it will be hardly possible to get rid of, it
may be impracticable to make it quite free and open. To pursue it on
account of the state or of a company will never answer the purpose. I
therefore venture to propose the sale by public auction, to the highest
bidder, at Batavia, of a license or pass for one or two ships, of
limited burthen, to trade there, either for one or more years, as may
be preferred. The chief of Decima should be appointed and maintained
by the government, and should act as a kind of consul, and proceed on
the embassy to _Jeddo_, if it were required. But beyond this, the whole
system and regulation of the trade should be left wholly to the owners
of the ships, with the exception of such rules as the Japanese laws may
render necessary with regard to our trade.
"The yearly embassies, which are so very expensive, are already
dispensed with by the Japanese; and as they would be useful from time
to time, it might be advisable to obtain permission, for the future, to
perform them only once in every ten years, or to have it fixed for each
new resident or consul to undertake it once during his stay.
"It will not be easy to obtain any other privileges or freedom of
consequence, for whatever some of our latter servants there may have
wanted to make us believe on this point, it is very clear that the
Japanese are very indifferent whether we go there or not, and consider
their permitting us to do so merely as an indulgence on their part. It
cannot be doubted, that as soon as this trade is opened to individuals,
they will find means to make the profits of it worth the risk and
danger; and in proportion as these profits become more valuable, the
value of the licenses will increase."--_Hogendorp._
APPENDIX C.
TRANSLATION OF A MODERN VERSION OF THE SÚRIA ÁLEM
There was a certain raja of the west, named _Sáng Prábu Súria Alem_,
who, being duly qualified, did, in the establishment of divine justice,
frame a code of judicial regulations, consisting of fifteen hundred
and seven articles, which being afterwards digested and reduced to
the number of one hundred and forty-four, were by him made known and
explained to all the people of the countries under his authority,
thereby diffusing knowledge and righteousness where ignorance and
wickedness before prevailed.
These regulations were also firmly established, and were put into
practice without any respect of persons, not excepting the relations
and kindred of _Sáng Prábu_ himself; so that, if the left hand
offended, satisfaction was demanded by the right, and _vice versâ_ for
such is the law of God.
These judicial regulations originated in no ambitious views, nor was
their author, when he framed them, influenced by feelings of either
regard for his friends or hatred towards his enemies; neither was
he actuated by any selfish considerations: his sole object was the
establishment of true justice, founded on divine principles.
I.
_Of the Duty of the Jáksa._
In the first place, he must possess a sufficient knowledge of the law,
to know how to act in regard to cases which may come before him, which
of the parties ought to be made to pay, what are and what are not
proper subjects for a law-suit, deciding against the person who would
bring forward any thing of the latter description. If the _Jáksa_ is
found ignorant of these matters, he shall have his tongue cut out.
In the second place, if the _Jejénang_ (the next in order to the
_Jáksa_) shall, in acting for the _Jáksa_, prove deficient in a
knowledge of his duty, he too shall either have his tongue cut out,
lose both his ears, or have red-hot pincers applied to his lips.
In the third place, any incorrect statement in writing shall be
punished by the loss of both hands.
Should neither of these sentences be carried into effect, the _Jáksa_
ought, at all events, to be banished the country.
This punishment, however, may be mitigated by the _Rája_, who, having
compassion on the _Jáksa_, may recal him after one year's exile.
Should the _Rája_ suffer to pass unpunished such a total dereliction
of duty on the part of the _Jáksa_, as stated, difficulty and distress
will necessarily arise in those times.
II.
The establishment fixed by _Sáng Prábu_ for the _Jáksa_ consisted of
twelve persons, viz. two _Jejénangs_, two writers, six _Máta Mátas_,
and two men whose business is to be in constant attendance on the court.
The fees authorised to be taken by the _Jáksa_ from persons who have
any business to settle, are forty-four for the _Jáksa_ himself, three
thousand for the _Jejénangs_, eight thousand for the writers, one
thousand for those in attendance in the court, and eight thousand for
and on account of the state. That for the _Panghúlu_ is left to the
liberality of the party.
If the _Jáksa_ shall not conform in practice to what is here laid
down, it is required that he be disgraced and branded in the common
market-place.
If any one shall find fault with the conduct of the _Jáksa_, without
being able to substantiate his charges against him, and shall make
the same public, that person shall be fined agreeably to the rank and
quality of the accused, viz. fifteen thousand (_pichis_).[295] The
reason of so large a sum being awarded is, because the _Jáksa_ is the
chief of the _Mántris_.
The _Bopáti_ is, as it were, the door to the _Jáksa_, the _Kabáyan_
that to the _Bopáti_, and the _Panghúlu_ that to the _Raja_. These four
form a body, through which every thing is minutely investigated.
Let it be understood, that the Raja, who fills so exalted and
conspicuous a situation, is not without something to do. What he says
is the result of observation and deliberation. His disposition and way
of thinking is that which he has received at the hands of the Almighty,
who dwelleth where no one knoweth, at whose hands the wicked will meet
with their deserts.
III.
The _Tri-rása-upáya_, as known among men, comprehend three things,
which are intimately connected with each other, but which,
nevertheless, must not be confounded, viz. 1. _Húkum_; 2. _P'réntah_;
3. _Kasúsahan_[296].
Where a sentence is very severe, or of a nature which will not admit of
its being fulfilled, a mitigation or commutation thereof can only take
place, by a careful consultation of what is written in the book of laws.
IV.
_Of the Dása Wigúna._
_Dása_ signifies ten, and _wigúna_, very powerful, and under this
name is comprehended: 1. Sentence of death; 2. Amputation; 3.
Disgrace; 4. Confiscation of property; 5. Banishment; 6. Extorting
evidence by inflicting bodily pain; 7. Getting at evidence by kind
treatment and giving money; 8. Obtaining it by skilful management
alone; 9. Compulsion; 10. Letting off from punishment, by receiving a
consideration for the same.
There are degrees of those which are to be known and observed.
V.
_Of the Gúntur G'ni._
Under this head is comprehended five things, viz. 1. The customs of
the country; 2. The orders of the sovereign; 3. Loss by an enemy; 4. A
change of the Raja and of his orders; 5. Difficult queries given by one
country to another to solve.
Under the head _Mal_ come three things, viz. Water, land, and people.
The water is necessary to keep alive what has been planted in the land.
Mankind take all that comes, good as well as bad.
VI.
The term _mal_ properly means cloth, money, and gold; which three
articles, above all others, are the grand and most frequent subjects of
law-suits, that arise out of the various transactions which take place
among men.
VII.
In law-suits there are seven circumstances of material consequence,
viz. 1. Where the cause being good can be taken up and supported; 2.
When the articles can be minutely described; 3. When the articles, as
well as the persons, can be pointed out; 4. When marks can be shewn; 5.
When the party suing has been an eye-witness; 6. When all those things
happen to take place; 7. When confession is made of what is the subject
of the law-suit.
VIII.
_Of the Precious Stone, and that in which it is set._
To these may be compared the Raja and his people. The former is in
a dependant state. Those who surround him are the _Pandíta_, the
_Bopáti_, and the _Jáksa_: and those immediately entertained by himself
are, 1. One who possesses his confidence; 2. A _Jérutúlis_ skilled
in writing; 3. An interpreter well versed in language; 4. A good
messenger; 5. An intelligent doorkeeper; 6. A person who knows in what
a want of manners consists; 7. An experienced general.--Then will the
country flourish.
IX.
The _Jáksa_ is, according to his character, distinguished by the
following appellations, viz. _Wíra páksa_, when he inclines to the side
whence he receives most bribes; 2. _Pátra kilása_, when he goes by what
he is told, without duly weighing and considering the merits of the
case himself; 3. _Ami jáya_, when he punishes the guilty with severity;
4. _Permána_, when he awards the just sentence of the law as it is
written, without lenity or severity.
X.
There are three things which ought not to be allowed to exist in a
country, viz. 1. Witchcraft, particularly at critical junctures. The
fine to be imposed in such cases is forty thousand; and if any thing is
lost, it is to be laid to the charge of the persons who practise that
art.
2. Should the _Adipáti_ be the person, he shall be treated according
to the _Sábda suwára_, i. e. he shall be dismissed from his office,
and his officers and relatives will be considered as implicated in the
crime.
3. Should the _Mántris_ be found guilty of witchcraft, they shall be
fined one hundred thousand.
XI.
_Of the boundaries or Limits of Lands named Túgu._
By which is meant landmarks, such as stones, trees or fences, or
whatever else serves to form an enclosure.
This may and does often become a subject of litigation, especially
where any thing has been planted: 1. With respect to lands of
inheritance; 2. With respect to such as have been given away; 3. With
respect to those which have been purchased; 4. With respect to those in
which something has been planted.
Disputes arising on any of those subjects are proper to be litigated;
and in settling them, besides examining such witnesses as there may be,
it will be necessary to consult the old men of the village, as well as
the _Lúra_ who collects the annual land revenue, before a decision can
be given.
The true proprietor of a piece of land under dispute, will be he who
can prove his having enclosed it; and the true proprietor of any crop
will be he who can prove his having sown or planted it.
Proof is to be obtained by administering an oath, which is done by
immersion in water, or by drinking it.
XII.
He in whose hands is vested the power of administering justice, must
be well acquainted with the nature of the ten following things, and
know how to proceed in regard to them, viz. 1. Informations; 2. Grounds
for a law-suit; 3. The proper time for trial; 4. The occupation and
condition of the parties; 5. The object sought by the parties; 6. The
prosecution; 7. The defence; 8. Pleading not guilty; 9. Evidence; 10.
Eye-witnesses.
XIII.
A sufficiency of evidence alone will obtain a favourable decision;
and when the witnesses brought forward to prove any fact do not, upon
examination do so, the party who summoned them ought to be cast and
also fined.
XIV.
With regard to the _Páncha báka_, which is the case of a woman accused
by four men of fornication; if, on examination, these four men do not
agree in their testimony, they ought to be put to death, or else fined
agreeably to the _Jána trésna_, which leaves it to those who have
charge of the woman to determine the extent of the fine.
XV.
There are two descriptions of orders, viz. 1. _Purúsa_, or those which
come from the Raja or from an enemy; 3. _paparéntahan_, or those of the
_Bopáti_.
If the _Bopáti_ is more severe or more lenient than he ought to be, he
shall be fined one hundred thousand, or else agreeably to the _Sábda
suwára_, which is the arbitrary will of the Sovereign.
XVI.
The following are thirty different cases of law-suits, viz.
1. _Amra kádang_, where one who is accused of theft, points at either
another person or the accuser himself.
2. _Kundáng chíri_, where a person presents a paper to the court, with
something additional written under the signature and date of it.
3. _Meng'ámuk pung'gung_, where a person destroys his property while he
has a law-suit pending.
4. _Mutúng památang_, where a person, during the course of a law-suit,
leaves his master or chief and goes to another.
5. _Sána dénta_, where a person concerned in a law-suit either
magnifies or lessens the state of the case.
6. _Ng'árika Pátra_, where a person denies his own hand-writing.
7. _Nídra permána_, where a person, intending to kill another, goes and
lives on terms of intimacy with him.
8. _Dámar kitúdah_, where a person, on first making a complaint of his
own accord, brings evidence in support of it.
9. _Ngaríka wárna_, where a person has a law-suit, which another than
his own chief is acquainted with the merits of.
10. _Sírna ning jáya_, where a person objects to his own witnesses.
11. _Perlíga_, where a person finds a thing and does not take it to
some proper person where he lives.
12. _Génti wátang_, i. e. the case of a person who is the first to
bring evidence.
13. _Sudésit kemú_, i. e. a thing belonging to two persons and found
by a third; the point forthwith litigated, and decided in favour of
the former, each of whom hopes to get it: the thing, however, cannot
be restored to either, or to any of their relations; it must be
appropriated for the purpose of assisting in defraying the expenses of
the state.
14. _Sáksi rumémbi_, where a person first of all calls upon only one
person as a witness, and afterwards, when the cause is decided, wishes
to adduce further evidence.
15. _Sasástra perálara_, where a person presents a written statement of
his grievances without a date to it.
16. _Ang'ríka-rája_, where a person engaged in a law-suit speaks
hesitatingly, and at the same time refers to some respectable person
for the truth of what he would assert.
17. _Chini ropáti_, where a person acts in a compulsory manner towards
the people or relations of another.
18. _Kápra-lága_, where a person, in reply to a question put to him,
refers to one who is dead.
19. _Abíndu páya_, or the case of a breach of promise.
20. _Níleb lúra_, where the object of the law-suit is for the recovery
of duties, or any thing else a long time due.
21. _Madót ráketan_, when of two witnesses in favour of any litigating
party, one is not forthcoming at the time of trial.
22. _Sámbung wátan téper_, where a person prefers a complaint of a
specific nature, and afterwards superadds other circumstances.
23. _Ting'gal pergán_, where a person concerned in a law-suit remains
quiet and keeps himself back.
24. _Páncha perkása_, where those engaged in a law-suit display rage
and cunning.
25. _Anára wichána_, where before a case is decided, a constant
intercourse is held with the _Jáksa_ by one of the parties.
26. _Percháya-rasi_, where a person prosecuted before the court points
out the love and regard which some great man has for him.
27. _Katóya rasa_, where a person, while his case is pending, makes
presents to the _Jáksa_.
28. _Kasúria chándra miráda wachána_, where a person refuses to abide
by the sentence of the _Jáksa_.
29. _Katóya rása úpaya_, where a person, before his cause is decided,
makes a present of something to the Raja, the _Bopáti_, and _Panghúlu_.
30. _Kasábda malícha permána_, where a person denies what he has once
publicly declared.
With respect to the thirty foregoing cases, it will be for the _Jáksa_
to consider and determine when a law-suit can, and when it cannot, be
instituted.
XVII.
Here follow eight more cases, viz.
1. _Cupíta sábda permána_, where one of four persons engaged in
a law-suit, being deputed to act for the others, it appears, on
examination of the witnesses, that the affair cannot be settled with
this one person.
2. _Hanúk meng tan wíring wísa_, where a witness, on re-examination,
gives a different account from that which he gave when previously
examined by the _Jáksa_. In such case the _Jáksa_ must endeavour to
discover which is the most plausible account of the two.
3. _Kawílut tára_, where opposition takes place between the witnesses,
or between those whose cause it is, and others who have been
eye-witnesses of what is the subject of litigation.
4. _Bháning hanámpuh tóya_, where a person is assisted by one who is in
the administration of justice.
5. _Ng'ádang tárka_, where, on a trial taking place, the deposition of
a party differs from the account previously taken down by the _Jáksa_.
In this case, such party should be cast.
6. _Ng'áling'ga pandáya_, when one takes for witnesses worthless
persons who cannot be depended on or believed.
7. _Eluádi_, where a person changes, tears, or makes an erasure in any
paper.
8. _Kahústi sábda parláya_, where a person shamelessly makes free with
what belongs to another, who is neither a friend nor relation.
XVIII.
_Of cases where a Law-Suit cannot be instituted._
These are five in number, viz. 1. Where the evidence is not clear; 2.
Where an article which has been lost by one person is found in the
possession of another, who cannot tell whence he got it; 3. Where the
evidence of the witnesses produced by any party varies from that of
the parties themselves; 4. Where no evidence exists. In this case, the
party who can give the most plausible story will obtain a decision in
his favour; 5. Where the agent of another in any law-suit is cast.
XIX.
A law-suit will be instituted with success under any of the five
following circumstances, viz.
1. _Táta_, where the declarations of all those who support the suit are
uniform and connected.
2. _Títi_, when the time of the deed or action is known.
3. _Kárta_, where the object of the suit is universally allowed to be
good and just.
4. _Sang'ára_, where there is a readiness to swear to what is asserted.
5. _Dupára_, where probability and plausibility exist.
XX.
Of things sent by one person to another, and destroyed under
circumstances which admit of no redress, called _Páncha Sedrása_,
of which there are five cases, viz. 1. Where it is occasioned by
lightning; 2. When by the attack of an enemy; 3. By being sunk; 4. In
consequence of an order from the Raja; 5. By fire communicated from an
adjoining house.
XXI.
There are three things which, from their baneful nature, are
universally deprecated, and considered and treated as inimical to the
welfare of man, viz. 1. Theft; 2. The injury which crops are liable to
sustain from the depredations of noxious animals; 3. The mischief which
is to be apprehended under water, from crocodiles or the like.
XXII.
In a law-suit, the successful party obtains damages of the one that is
cast. As the agitation of the leaves marks the presence of the wind, so
does the stir and noise of contending parties shew the existence of a
law-suit.
XXIII.
There are two cases where it will go hard with any party, viz. 1. When
a mark or proof can be given, as well as evidence produced; 2. Where
in a violent dispute between two chiefs respecting the boundaries of
their lands, one of them is the first to bring weapons with him: such
a one must be found guilty, and will be cast. The fine to be levied,
in such case, will, according to the rank of the parties, be one of
the following: 1. _Utáma_, or that awarded to chiefs, viz. one hundred
and forty thousand; 2. _Díada madén_, or that awarded to those of an
inferior degree, viz. seventy thousand; 3. _Nésta_, or that awarded to
the common people, viz. forty-five thousand.
XXIV.
Sentence of guilt will be awarded to any party under the three
following circumstances.
1. _Cháya rásmi_, where advice has been received from the _Jáksa_.
2. _Príng'ga ráksa_, where the assistance of the officers of the court
has been received.
3. _Andría ráksa_, where a case which has been decided is revived
at the instance of the party that was cast, in consequence of other
people's advice. In such case, if the party which formerly gained the
suit fail to appear on the day appointed for a second trial, they shall
be cast; and in like manner will it be with the other party, if they
fail to attend. For such proceeding, however, the _Jáksa_ shall be
fined fifty thousand.
XXV.
1. _Wilút sábda bíksa masábda upáya_, where a person sues another
who is connected with the business of the suit, but who is not the
responsible person, and only from his being the more eligible person is
attacked on account of his means. In such case the prosecutor will lose
his cause.
2. _Sáka dípa_, where a person incurs the obligation of paying for any
thing he has lost or destroyed, and refuses to do so according to a
proper valuation which shall be fixed thereon. In such case he shall be
cast.
3. _Gándia páti_, where the _Jáksi_ is silenced in a discussion with
one of the parties who dispute a point with him. The _Jáksa_, in such
case, shall be found guilty, and fined forty thousand.
4. _Bháning máya permána_, i. e. if a thief, who is pursued, runs
into certain premises, by a gap in what serves to enclose them, the
proprietor thereof will be held responsible for one-third of the amount
stolen.
5. _Ng'ámbága páti_, i. e. a person having pursued, without effect, a
thief whom he had surprised in the act of stealing, and the tools of
the thief, which in his hurry to escape are left behind, are in the
meantime found in the house of any one, the owner of the house shall be
held guilty.
6. _Lukíta búkti_, i. e. the person in whose possession thieves' tools
shall be found, will be held guilty of any robbery which may, at the
time, have been committed.
7. _Síma mamángsa táta upáya_, i. e. where a person pursues a thief
into the premises of another, without acquainting him with the
circumstance. In such case guilt will be attached to the former.
8. _Gána léna ámit mángsá tan wéring káma_, i. e. when a malicious
combination is formed to accuse and prove guilty one who is an object
of hatred. The persons who so conspire shall be held guilty.
XXVI.
Of cases where a cause will be lost, there are twenty-five in number,
viz.
1. _Hína sáksi_, where the witnesses are worthless disreputable
persons.
2. _Hína sábda_, where a thing is lost, and the owner thereof does not
give information thereof to his chief.
3. _Hína klína_, where a person finds a thing and does not make it
known.
4. _Hína wang_, where a person whom another deputes to act for him, in
any law-suit, is deficient in what is required of him.
5. _Kagúndang sáksi_, where a witness produced by one party is the
declared enemy of the other.
6. _Hang'ímbu chína_, where a person who has been robbed gets hold of
the thieves' tools without making it known that he has done so.
7. _Ng'edong sáksi_, when a person brings false witnesses whom he has
suborned.
8. _Hakúto sáksi_, where the witnesses have been bribed.
9. _Hakádang sáksi_, i. e. where a person instructs his witnesses what
to say previous to their examination.
10. _Sábda laksána_, i. e. where a thing is stolen within certain
premises, and a person residing therein shall refuse to concern himself
about the matter. Such person shall be made to make good one-third of
the property lost.
11. _Hamátang bubúkan_, i. e. where a person makes one of his enemy's
people his agent. Such person shall be cast.
12. _Sídam wárut_, i. e. where persons concert in concealing an
unlawful pregnancy and in producing an abortion. Such persons shall
incur a fine of one hundred and fifty thousand each; the whole of the
people of the village where it took place shall each be fined fifty
thousand; and every person of the village opposite to it shall be
fined twenty-five thousand. All persons, too, who, though living at a
distance, are still under the authority of the chief of the village
when the thing happened, shall be each fined four thousand. A person of
great means shall be fined one million.
13. _Tatarápan raja pepáti_, i. e. if a person is found dead without
its being known how he came by his death, nothing can be done; and it
will rest with the Raja to cause the body to be disposed of in any
way he may deem proper. If a corrupted dead body, found in a certain
village, is first discovered by people of another village, the whole of
the persons belonging to the former shall be each fined fifty thousand.
Should those persons have endeavoured to conceal the dead body, they
shall each, in that case, be fined one hundred thousand. If it is in
a field where the dead body is discovered, and that by others than
the proprietors of the land, the fine to be imposed upon the latter
shall be one hundred thousand. If the dead body is first discovered
by a person of the village, and he immediately, by sounding an alarm,
summons all the people of that village to see and bear witness thereof;
and if those persons afterwards, on examination, deny the fact, the
whole of them shall be fined fifty thousand. The favourable testimony
of thirteen women, however, will get them off from the said fine.
14. _Ngépi g'ni_, i. e. a person is wounded and sounds the alarm: many
people quickly repair to the spot, but see no appearance of any one by
whom the wound could have been inflicted; presently is heard the sound
of another alarm, at a different place, by persons who declare they
have just wounded a thief who has escaped from them, producing at the
same time proof of the fact: in such case the person who first sounded
the alarm shall be considered the thief. If there is found a person who
has been wounded somewhere, but without its being known where or when,
and without there being any thing to lead to a suspicion of his being a
thief, nothing can be done to him.
15. _Ang'gús súra_, i. e. a wound having been proved to have been
inflicted by any party who has been prosecuted for the same, if the
skin only is broken, the fine to be imposed shall be four thousand. If
it is a flesh wound, the fine shall be eight thousand; if a bone be
broken or sinews cut, forty thousand: but if the injury done to the
wounded party be of such a nature as to deprive him of the means of
earning a livelihood, the offending party must, in that case, provide
for him.
16. If a person wounds a thief, and can shew marks of his having done
so (as a bloody weapon), and if it has been done in the presence of
many people, and it has been plainly seen whither the thief betook
himself, and an alarm is presently sounded in the place to which the
thief fled, and a person then declares he has just received a wound,
such person shall be accounted the thief.
17. _Wardáya chuménda_, i. e. if a person is observed to pass through
a village with thieves' tools in his possession, although nothing be
stolen, that person shall be accounted the thief.
18. _Artísi wádía dan dérma dénda_, i. e. the disputes of ministers
with ministers, priests with priests, and _pundíta_ with _pundíta_,
must be decided according to the _Wartárja sawung eng kerta_, i. e. by
taking into consideration their different dispositions and natures, as
well as their proneness to falsehood.
19. _Tríta chándrang guira raditia_, i. e. the law (in the
inflexibility and unchangeableness of its nature) resembles the sun,
moon, and water. Whoever acts in opposition to the law, must be found
guilty and punished accordingly.
20. If any person be courageous enough to seize or kill a thief, he
ought to receive a reward of four thousand. If the thief has a master,
the latter ought to be fined twenty-four thousand.
21. If a person enter a village at an improper hour, and is thrice
challenged without making any reply, he shall be considered as a thief.
A person skulking behind a door or fence, under similar circumstances,
shall be considered in the same light.
22. _Nóya résmi_, i. e. a respectable person who may endeavour to
screen a thief, shall be fined agreeably to the _untára_, viz. one
hundred thousand. If the delinquent is a person of the middle class, he
shall be fined eighty thousand; if a person of the lower orders, forty
thousand.
23. _Tri maláni nagára_ comprehends three things, which are inimical to
the welfare of a country, viz. 1. Corrupt judges; 2. Breach of promise
or agreement; 3. _Wígu wigúna_, i. e. Where the Raja, or others who are
in authority, inconsiderately decide or give hasty orders about any
thing, whereby much mischief never fails to follow.
24. This section is the work of the Púndita, _Pagáwan Chínde Guána_,
and contains seven articles, viz. 1. _Súria wíguna_, i. e. the Raja's
court is like the sun, whose refulgent rays spread in all directions
and penetrate through every thing. 2. _Anla súria kuntáka_, i. e. the
displeasure of the Raja in his court is like the heat of the sun, which
causes those who are exposed to it to faint away. 3. _Kasíla trésna
perláya_, i. e. when sentence of death is passed on any one by the
Raja in his court, it must be carried into effect, as in the case of
_Kadúrga sangúra_, where a person commits fornication or adultery with
any of the Raja's household; or _Kásu síla antúka_, where a person
forgets himself and wrangles in the court of the Raja; or _Kabérna
antáka_, where a fight takes place, by which death or severe wounds are
inflicted; or _Madáwang lúma_, i. e. where a person endeavours to ruin
another, by endeavouring to make him appear guilty; or _Ang'gu pála
sábda_, where a person, after receiving a distinct order from the Raja
himself, incurs blame by executing it in a different manner from what
he was told, in consequence of the advice of his chief; or _Jaladri
kaperchánda láwat dípa_, i. e. the effects of the Raja's displeasure
against any one cannot be transferred to another.
XXVII.
1. _Díndang karúban wáng_, i. e. the just and lawful revenues or
duties, and no more, must be levied.
2. _Gegér kapála_, i. e. where a person disregards the prohibitions of
the Raja.
3. _Gurníti gandarása_, i. e. several people are assembled together,
and one of them happens to lose something: whoever is the first to quit
the party, shall be considered guilty of having stolen it; and if there
is incontestible evidence of this, he shall be made to pay two-fold.
4. _Góra gétih ng'emúríris_, i. e. where an unqualified person decides
cases from his own knowledge of the manner of proceeding.
5. _Waráksa tapula_, i. e. no case ought to be settled but by a proper
and equitable decision.
6. _Yang'a ling'ga suria_, i. e. when a _Pundita_ does not shew the
accustomed respect to the Raja.
7. _Líman sangúra_, i. e. when a person mistakes the road he ought
to be put right, and not chastised for any trespass he may have made
unwittingly.
8. _Túnjung túmrap hing séla_, i. e. whoever shall give protection in
his house to fornicators or adulterers shall forfeit his property.
9. _Tírta kasúrung píka_, i. e. where the wise or skilled assist, with
their advice, those who live by fraud, when under a prosecution.
10. _Bermára máng'un líga_, i. e. where a person concerned in a
law-suit which has been brought forward, is in the habit of absenting
himself when his presence is required. Such person must be awarded
guilty.
11. _Dándang tumráping káyon_, i. e. a person from one place comes and
lays claim to another: the people of the latter all testify that the
claimant has no right or title to that spot or place. In such case, the
said claimant will be cast.
12. _Andáka katáwan wiása_, i. e. if a person engaged in a law-suit
shall abscond, from an apprehension of being cast, it will be even so
with him.
13. _Kídang lumáyu ating'gal suára_, i. e. every person must be held
responsible for crimes committed, or wrong done, by any one in their
service or employ.
14. _Hanio kána_, i. e. a servant or dependant of one person having
committed a fault, runs for protection to another, who, when applied
to, will not give him up. The person who affords such protection, if
prosecuted, will be cast.
15. _Hang ling'ga praláya_, i. e. a person who does not himself appear
before the court in his own behalf, but leaves his case to be managed
by the officers of the court, shall be cast.
16. _Símbar tumráping séla_, i. e. where the witnesses produced in any
case are persons unknown, and without any fixed place of residence, the
party who brings them shall be found guilty, or cast, as the case may
be.
XXVIII.
The situation and feelings of those in favour of whom sentence is
pronounced is _Tírta prábu táru láta_. _Tírta_ signifies water, the
qualities of which are clearness, and a disposition to proceed straight
forward, which nothing will check or overcome. Those who are thus like
unto water, let them be ever so humble and poor, shall not fail to be
successful in any cause in which they may be engaged. The lowly, who
are thus successful, shall have as much cause to rejoice as the rich
(_prábu_), who are the reverse, shall have to be depressed. The former
resemble a stately tree (_táru_), whose base and roots are great and
spreading, with fragrant blossoms and many creepers (_láta_) to entwine
and support it.
XXIX.
1. _Chándra kalamókan búda_, i. e. the situation or state of one
against whom sentence has been pronounced, however great he may be, is
like the moon when obscured by clouds: like her, his countenance is
overcast and gloomy.
2. _Anámon déria_, i. e. a person engaged in a law-suit, who shall
change his outward appearance, shall be cast.
3. _Pencháng'ga angudána_, i. e. if one of the wise shall, for the
purpose of invalidating the evidence of his adversaries, make any
alteration in the disposition of his house or premises, he shall, on
conviction thereof, be condemned.
4. _Andáka penjang'ga amóyong_, i. e. one of the wise who has
instituted a suit, and becoming himself sick at the time appointed for
trial, shall fail to make known whether he wishes the business to be
settled or postponed, shall lose his suit.
5. _Andáka kitíran_, i. e. if such party shall fail to appear when
summoned, he will be cast, even should he be otherwise in the right.
6. _Ambáli múka amigantáka_, i. e. a person who, taking the law into
his own hands, shall seize the property of another, in payment of a
debt due to him, shall be held responsible for the same.
7. _Síti tínab'la_, i. e. if a person, in search of any thing he has
lost, shall enter a different village to that to which he belongs,
without giving due notice to the chief thereof, he shall be held
responsible for any misdeed which may at the time have been committed,
and if any thing important, he shall be made to pay two-fold.
8. _Ang'rika máya_, i. e. a person who, being in company with a thief,
receives a hurt or injury from persons while in the act of apprehending
him, cannot obtain redress.
9. _Kabrána páti_, i. e. a person who accuses another, and is himself
the more guilty of the two, shall be condemned.
10. _Pátra laksána amáng'un satmáta_, i. e. a person who, in order to
get something which is not his own, shall alter what is written in any
paper, must be condemned.
11. _Kabáli súra_, i. e. a person who superadds in court something
which he urges with violence, shall be condemned.
12. _Kitíran múng'gen káyon_, i. e. one person sends another to demand
payment of a debt which is disavowed, a law-suit ensuing, if he who
sent the other to demand payment has no other evidence to produce but
that person, he shall be cast.
13. _Mántra káchung táka_, i. e. if a person engaged in a law-suit
produces, for the second time, before the court, a paper which, on
examination, appears to be written in a different hand from what it was
before, although the purport, in both cases, be exactly the same, the
person who produced such paper shall be cast.
14. _Sangnága amamángsa tanpa taláwang áng'aleákan térka_, i. e. a
person, such as a _Mántri_ or _Bopáti_, deputes another to act for him
in a law-suit: the person so deputed has no authority to produce of his
having been so. If the cause is lost, the person who deputed the other
cannot bring it forward again.
15. _Kaputung'an pikúlan_, i. e. if the witnesses of a person engaged
in a law-suit shall leave him and go to his adversary, the former shall
be cast.
16. _Prája kobáli múrda_, i. e. when the circumstances of a case
which one person brings forward are contradicted by those who have an
opportunity of knowing them, the former shall be condemned.
17. _Bermara amri sari_, i. e. if a person to whom another is indebted
shall, on the supposition of inability to discharge the debt, proceed
to seize the property of that other, without previously demanding
payment of the debt, he shall be cast.
18. _Síma amot amamángsa tanwir ring báya_, i. e. a person in office,
who exceeds his authority, ought to be condemned.
19. _Krúwang lindúng'an perwát_, i. e. if person whose cause is good,
and whose evidence is complete and satisfactory, shall insist upon a
severe punishment against his adversary, he shall be cast.
20. _Gabus boten ng'lem_, i. e. when stolen goods are discovered, the
Raja ought to cause them to be restored to whom they belong.
21. _Guwáta Samirána_, i. e. those who conceal the wife or children of
another, ought to be put to death by order of the Raja.
22. _Súlung alebu dían_, i. e. if the relations of one whose guilt is
manifest, shall apply to have the punishment awarded transferred to a
substitute, they shall be condemned.
23. _Apátra ina percháya_, i. e. a person obtains permission from
the Raja to proceed against another, and afterwards, from some
consideration, neglects to do so, while that other, in the meantime,
appears before the Raja and declares his innocence of what is alleged
against him, stating that, if he were guilty, his chief would not
have failed to bring him forward: in such case, the former shall be
condemned.
24. _Perwáta brámantára_, i. e. if a person is found guilty of
circulating false reports, or of magnifying any piece of intelligence,
so as to create a great alarm in the country, and put all the people in
a ferment, he shall be fined four hundred and four thousand.
* * * * *
ABSTRACT _of some of the_ LAWS _which, according to the tradition
of the Javans, were in force against the inhabitants, previous to
the supposed arrival of Aji Saka_.
(Collected by MR. MIDDLEKOOP.)
OATHS
Were administered by repeating certain words after the Priest,
accompanied by a motion of the head and body, the hands being folded.
ORDINARY FINES
Were levied according to the following gradations:--
tahil.[297]
When a subordinate or petty chief, who had people under him,
committed a crime, the fine was 5
The eldest son of a prince 5
The son of a chief 2½
A Prince or _Raden_ without employment 1½
A _Menak_ or _Rang'ga_ holding a public office and
transacting public duty 5
A _Menak_ or _Rang'ga_ restricted from the performance
of public duty 1½
A _Menak_ or _Rang'ga_ who administered a small tract
of country 1
Children of a chief _Rang'ga_ or _Menak_ 2½
An ambassador (ordinary) of a prince or principal chief 2½
An ambassador extraordinary 1½
Children of the above 1
A male subject 1½
A female subject 1
Persons having forfeited their right of liberty through misdemeanors,
and thus become dependant upon another, pay fifty _pichis_.
All the above fines might be paid in money, goods, gold, silver,
horses, buffaloes, and other necessary articles.
THEFT AND ROBBERY.
A free subject having committed a robbery, he was delivered up (on
detection) to the chief or tribunal of the place to which he belonged;
and if unwilling to restore the stolen goods, or unable to pay the
value, he was to be delivered over to the person whom he had robbed,
and made to serve him as a bondsman: but no claim whatever was enforced
upon the wife or children, who did not, on this account, forfeit their
liberty. It was, however, lawful to deprive a thief of his life when
caught in the act.
When a robbery was committed by a person in a state of servitude, the
proprietor of such person's services was bound to pay the value of the
stolen property, or to deliver the person over to the injured party;
but on being caught in the fact, and the thief being put to death, the
proprietor was no further liable.
Robberies having been committed in the day time, were punished by a
fine or by servitude.
If one or more stolen buffaloes were killed in or near a village, and
sufficient proof thereof adduced by the owner, the village people were
condemned to pay the value of such stolen cattle, unless they produced
the thief or thieves.
HOMICIDE AND MURDER.
A free person who killed a male dependant, was punished by a fine of
two and a half _tahils_: one who killed a female dependant was fined
three and a half _tahils_.
If in an affray between two free persons the one killed the other, and
the offender was seized in the act, he could be put to death by the
relations or friends of the deceased; but if he succeeded in taking
refuge with the head of a village, he was only liable to a fine of five
_tahils_ if the deceased was a male, and three and a half _tahils_ if a
female.
When a prince, chief, or petty chief, was murdered by one of his
subjects, the party was punished by death, for having killed his
superior.
But a prince or head chief had the right to deprive his subjects of
their lives whenever he chose, though, when one of their sons, either
a _Menak_, _Rang'ga_, or other chief, put to death a free person or
dependant, he was bound to pay to the friends or master of the deceased
two and a half _tahils_, besides a fine for a male person five, and
for a female three and three quarters _tahils_. These persons were not
liable to be put to death, although caught in the fact.
In case, however, that a prince or chief caused to be put to death a
dependant who was not guilty of any offence for which he deserved such
punishment, the prince or chief was bound to make good half of the
estimated value of the deceased's property, beside being condemned to
servitude, and a fine of ten _tahils_.
_Amok_ being cried, it was lawful for every one to destroy such as ran
_amok_; but in the event of its being a false alarm, and any one was
killed by the crowd, the person that exclaimed _amok_ was liable to be
fined.
In a crowd or assemblage of people, if a dispute ran so high that
one party was killed in the affray, and lay dead on the ground, the
offending party was exempt from fine, but punished by the prince
according to the circumstances of the case.
ADULTERY.
A man having received information that his wife had committed adultery,
was restricted from believing it, even if he was told by credible
persons, unless he found her in the act; he might then deprive her of
life. If she escaped, however, and concealed herself among her friends
and neighbours, it was not lawful to put her to death; but on complaint
being made by her husband, she was prosecuted and punished according to
the circumstances of the case.
A man found guilty of adultery was liable to a fine of ten _tahils_,
and the woman to the same. Being unable to discharge the sum, they
were transferred to the servitude of another, who was willing to pay
the amount of the fine, which was then given to the husband of the
adulteress.
An adulteress causing her husband to be put to death was also to suffer
death.
A man having run away with the wife of another, on her being seized by
her husband at their abode, both parties could be put to death; but if
they were not discovered for a length of time, during which they kept
themselves quiet and had begotten children, the adulterer was only
liable to pay, as well for himself as for the woman, a fine of ten
_tahils_. He was, however, bound to forfeit the half of the children
so begotten for the benefit of the lawful husband, to whom they were
transferred in servitude.
DIVORCE.
Lawfully married persons wishing to separate from each other, each
retook the property brought at the marriage, and an equal division was
made of what had been gained since the marriage. This included the
children; the eldest was always to remain with the mother, the second
with the father. After the separation on the decease of either, the
whole effects were to be taken possession of by those children who, at
the separation, had come to the share of the deceased; but they were
also obliged to pay the debts of the deceased, whatever the same might
amount to. When the number of children was unequal, the odd one was to
fall to the share of the wife; but such as were imperfect or deformed
were excluded from the division, and maintained by both parties.
FOOTNOTES:
[295] _Pichis_, a small tin coin.
[296] 1. _Hukum_, the law of God; 2. _P'rentah_, the law of the
sovereign; 3. _Susahan_, oppression (of the people from the law of the
prince).
[297] The money here alluded to is the coin of _Palembang_,
subsequently introduced by _Raden Patah_, in consequence of his
connexion with _Palembang_. Rice appears to have been the principal
medium of exchange previously to this period. The _pichis_ is a small
tin coin, of which two hundred make a _wang_, and twenty-eight _wangs_
are equal in value to a Spanish dollar.
APPENDIX, D.
PROCLAMATION.
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 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.
(_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. 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 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.
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.
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 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 persons, 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 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
description; 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.
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 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.
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 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
description, 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 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 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.