so much as illustrating any particular point herein (though the case is indeed rather closely connected with the foregoing), but more as indicating the mode followed by a Chinese Court when in doubt. The particulars were that certain persons forged some deeds: the principal was sentenced to death for causing the victim of the affair to commit suicide: the accessories perjured themselves over and over again in upholding the genuine character of the documents, and were sentenced to eighty blows under the well-known statute allowing one hundred blows to be given anyone who does what he ought not to do (v. case of Jên Sheng-hsiao P. A. S. P. vol. XXVII. p. 44). The fact was the Court was in doubt as to what offence the accessories were really guilty of whether as accessory to forgery simply, or to forgery aggravated by perjury; or whether the offence was perjury simply, or whether it was perjury aggravated by forgery.

FALSE ACCUSATION, LIBEL AND SLANDER

False accusation, as has been remarked in the previous article, is a division of the offence

of perjury

but being somewhat intricate and decidedly peculiar needs special treatment. Within the meaning of the term is included a tangible portion of that intangible part of Chinese law

the Law of Libel and Slander. Law of Libel and Slander in our sense there is not : the mere perpetration of a libel or of slander is not punishable criminally, but will become so punishable if leading to some criminal act such as suicide. From this view the law on the point is part of the general law of responsibility, and is considered in connection with the resulting offence this portion of the law is intangible, and melts away into the substantive offence. Thus to post up libellous placards regarding people

is not per se criminally punishable, but if moving the parties to strife, a criminal penalty may be inflicted (cf. our view of a criminal libel). The tangible portion of the law is included herein; for it is a criminal act to bring a false charge against a fellow-creature ; and the series of rules on the point distinguish with infinite nicety between the degrees of gravity of the charge itself, the consequences direct or

indirect that have arisen out of it, the circumstances under which it was made, and (in a less particular manner) the character of the person charged, and the animus of the offender.

False Accusation.

The law on the point

is as follows. 'Wu kao, to charge falsely, 'means to invent facts, and say that a person 'has become liable to a penalty' [to bring a false accusation of malice aforethought is phrased 挾誣告】:fan tso 反坐, to transfer sentence, 'is to sentence a false accuser to the penalty to 'which he falsely states the person accused has 'become liable.'

'The increased penalty awarded false accusers 'varies with the gravity of the accusation.'

'Whoever charges another falsely with a petty 'offence (i. e. an offence punishable with the 'light bamboo only) shall be sentenced to the 'penalty attaching thereto increased by two 'degrees.'

'Whoever charges another with a transportable 'offence or an offence punishable with the heavy 'bamboo or hard labour shall incur a penalty 'three degrees heavier than that applying to the

'offence charged, whether sentence has been 'carried out or not, and so long that the penalty 'does not exceed one hundred blows and 'transportation to a distance of three thousand 'li for three years.

'If the false accusation involves the more 'severe degrees of transportation (i. e. for life and with servitude on the frontiers or at the

or

'mines), or the commission of an abominable 'crime, the false accuser shall suffer death.' [As of larceny, to falsely accuse an honest. person of robbery 誣良為盜.

e. g.

'If the false accusation has involved sentence 'of death, but the sentence has not been executed, 'the false accuser shall be sentenced to one 'hundred blows and transportation for life to a 'distance of 3000 li and penal servitude for 'three years at the place of exile: and if the 'capital sentence has been executed, the false 'accuser shall be strangled or decapitated as 'the case may be, and half his property shall 'go to the family of the deceased.'

'If the person falsely accused with an offence

'involving hard labour has been already sent 'thereto, or where transportation being involved 'he has been already sent to his place of 'punishment, though the conviction be subsequently 'quashed and the person falsely accused has 'been set free, the false accuser shall be compelled 'to refund all expenses to which the accused 'has been put from the time he was brought 'before the Court to the day of his return home; 'and if the accused has mortgaged or sold his 'property, this will be considered part of his 'expenses, and recovered in like manner.'

'Should one of the family of the falsely 'accused die in consequence of the accusation, 'the false accuser shall be sentenced to death 'by strangulation and besides compensation 'for the expenses incurred, half of his property 'shall go to the person falsely accused as 'provision for the family of the deceased.'

'Where from poverty a false accuser is 'unable to make compensation, he does not 'thereby become liable to any aggravation of 'the original penalty he has incurred.'

'If the falsely accused in his turn brings false