151. The Court of Circuit has already been established by the fifth clause of the Proclamation by government, dated the 21st January, 1812. But as the taking away at once the president and one member from the courts of justice rendered those courts, in their absence, incompetent to carry on the current business of their districts, and as a more particular definition of the duties attached to this department is deemed necessary, the following sections must be considered as an enlargement and modification of that clause.
152. In order to ensure the regular, certain, and impartial administration of justice throughout the different districts of the island, one member of the Supreme Court of justice at Batavia, and of the courts of justice at Semárang and Surabáya, shall four times in the year, at stated periods, or oftener if necessary, make a circuit through the districts, under the jurisdiction of their respective courts, for the purpose of hearing and trying all such offences and criminal cases within the same, as shall have been made over to them by the magistrates appointed for that purpose.
153. Previously to entering upon the execution of the duties of his office, each of these judges shall take and subscribe, before the Honourable the Lieutenant-governor in Council, or any person appointed by him to administer the same, an oath in the same form as already laid down for the Residents in section 86 of this Regulation.
154. Upon the arrival of the judge of circuit, the Resident or magistrate shall have in readiness to deliver to him a list of the persons committed to prison, or held to bail, for trial, together with the copies of the charges preferred against each, their confessions, if any have been made (but these, it must be observed, must always be received with circumspection and tenderness), or if they have pleaded not guilty, the depositions of the witnesses, and all other proceedings held by him in the respective cases, previously to their commitment to prison, or being held to bail.
155. He shall likewise submit to the judge of circuit, on his arrival at the station, a separate list of all such persons as he may, within the last three months, have apprehended and discharged for want of sufficient evidence against them; that is, of all such as would, had presumption of guilt been sufficiently established, have been made over to the court of circuit for trial.
156. The judge of circuit shall then proceed to hold his court. Such officers shall belong to it as he may have brought with him for that purpose, and he shall be attended by all such others belonging to the Resident's establishment, as he may deem necessary.
157. The court shall be held in the Paserban, or usual chief room of justice belonging to the station; and the Resident, in carrying on any judicial or magisterial proceedings, during the continuance of the judge of circuit at his station, shall use for that purpose some other convenient place.
158. On opening the court the head Jáksa shall present a list of persons summoned to act as jurymen; out of which five shall be taken in the usual manner, and be empanelled.
159. The persons composing this jury ought to be as near on an equality as to rank in life with the prisoner as possible. But no one under the rank of a head of a village shall be competent to act as a juryman, as persons below that office, or in the very lower orders of life, cannot be supposed to possess either independence or knowledge sufficient to qualify them to execute justly the duties of the situation. The person senior in dignity among them shall be appointed to act as foreman; and, for this purpose, it may be as well that one of higher rank than the other four should be always selected in the first nomination of the jury.
160. A right of challenge shall belong, as in the English courts, to both the prosecutor and the prisoner.