The History of Java, v. 1-2

by Sir Thomas Stamford Raffles

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

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

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

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

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

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

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

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

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

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