161. The head of the village in which the offence is alleged to have been committed, shall not be permitted to act as juryman in the trial.
162. No other prescribed disqualification exists against persons of that or higher rank; the right of challenge being deemed sufficient to secure the forming of a competent, unbiassed, and independent jury.
163. The cause shall then be proceeded with; and sentence being passed, it shall become the duty of the Resident to see that it be carried duly into execution, a warrant for that purpose being given to him, under the seal and signature of the judge of circuit.
164. The circuit judge, throughout the conduct of the cause, in his mode of proceeding, of summing up the evidence, receiving the verdict of the jury, and passing sentence on the prisoner, shall be guided entirely by the established rules of his court, the regulations of government, and the general instructions he will receive.
165. And with respect to the law which must guide him throughout, he must, in the first instance, take down the native law in the case as may be expounded by the Panghúlu and Jáksa; and modify thereon his decision, according to the provisions of the colonial law, and the acknowledged principles of substantial justice.
166. He shall not only try such cases as may have been made over to his court, previously to entering the district, but also any such as the Resident may make over to him while there.
167. He shall, on closing his court at each station, forward to the Honourable the Lieutenant-governor, a clear and full report of all his proceedings, stating the names of the prisoners tried by him, the nature of the evidence adduced on behalf of both prosecution and defence, the verdict of the jury, and his consequent sentence thereon.
168. If, in any case, his opinion differ from that of the jury, he shall detail the reasons which have influenced him in that difference; and he shall always state any such circumstances as may warrant a mitigation, or even total remission of the punishment.
169. The approval of these proceedings, and the instructions on them from the Honourable the Lieutenant-governor, must be received prior to his issuing his warrants to the Resident.
170. But as this communication, and the reply to it, may induce too great a delay, the judge of circuit must, on shutting his court, remand the prisoner to gaol, and move on himself to the next district he has to visit; from whence he will be able to send back the warrants to the Resident, when an answer to his report shall have been received.