representative must make good the amount of money etc., that he may have stolen, or the funeral expenses etc., the result of his offence.

It was formerly the rule that where the plea of a sole representative was advanced, the Governor had to investigate the circumstances in person. The relatives of the deceased were not required to give bonds assenting to the plea, but they were to be present when it was urged, and were to have an opportunity of protesting against its allowance. As these provincial investigations were shown to be extremely inconvenient, from the difficulty of collecting the witnesses, it was eventually determined, that where the scene of action was over eight hundred li from the provincial capital, the Intendants of Circuit should deal with the case, and that where the relatives were too old or too sick to appear, deputies might take their evidence at their abode (H. A. H. L. vol. II. p. 42) — cf. evidence de bene esse.

The existence of this plea accounts for some incongruities in the law, and the celebrated

American case, wherein a man who was convicted of murdering his father and mother, pleaded in extenuation that he was an orphan, has its parallel in the case of Wu Erh-tzů, , who successfully pleaded that he was an only son, and thereby entitled to commutation of the penalty of his offence, though he became so by killing his brother the offence for which he was being tried (H. A. H. L. vol. II. p. 57).

Akin to the plea of sole representative is the plea of sole support of aged relatives 親老丁單

WOMEN

Women are ordinarily allowed to commute transportation and penal servitude by fine the former penalties being considered inapplicable to them. The leniency, under exceptional circumstances, has been disallowed; so in the case of Mrs Chu,, who was declared to be such a virago, that neither her own, nor her deceased husband's family would have anything to do with her 爲女流中之敗類

The virago was accordingly sent to work out her sentence of transportation on penal servitude in a Tartar garrison (H. A. H. L. vol. XLVIII. p. 80). According to the old law, women were not to be imprisoned, save in capital cases, and in cases of adultery and the penalty was commutable by fine. This leniency has been altered (v. Imprisonment).

Bambooing, again, is a punishment which Chinese decency considers should not be inflicted upon women, and is ordinarily commuted for a fine. In the case, however, of those who have led licentious lives, and so forfeited their claims to consideration, the punishment will not be foregone (H. A. H. L. vol. XXVII. p. 54) · and so also of adultery. Squabbling wives and concubines are also considered suitable subjects for the bamboo. Where the punishment is inflicted, the woman may ordinarily retain both her inner garment and a single outer one: in the case of adultery and offences of a like disgraceful nature, however, the inner garment alone may be retained.

Even licentious women (though receiving,

as above stated, their quantum of the bamboo), are allowed to commute transportation for the cangue according to scale. Thus, twenty days cangue are considered the equivalent of one year's transportation, and ten days are added for each additional year of the latter punishment e. g., thirty days cangue two year's transportation, forty days three years' until the limit of two months' cangue has been reached, which is considered equivalent of transportation for life.

as an

SECTION III PRIVILEGE AND PRIVILEGED CLASSES

PRIVILEGE AND PRIVILEGED CLASSES

Privilege is acknowledged before the law, and eight grounds therefor are recorded in the, and incorporated in the Code, i. e., Imperial connection, length of service, worth of service, righteousness, ability, patriotic zeal, high rank, and privileged descent. In the wider, but not the technical sense, the treatment of aged offenders, of juveniles, of sole representatives,

and of women, is in China a question of privilege, and the objects themselves form into very real classes of privileged persons.

in

The effect of privilege is to cause considerable mitigation, and to confer certain favours either case, strictly legal effects duly incorporated in the system.

On a privileged person committing an offence, a representation thereof is straightway made to the Emperor, and it is not lawful to proceed further in the case, until His Majesty's commands have been received and the privilege further extends to a privileged person's parents, grandparents, wife, son, or grandson. A traitor will not receive the benefit of this law.

The privileged classes herein dealt with are the Imperial connection, the nobility, officials and graduates.

In regard of the Imperial Family, there are included herein, all relatives of His Imperial Majesty who are descended from the same ancestors, all relations to the fourth degree of His Imperial Majesty's grandparents, all relations to the third degree of Her Majesty the Empress,