agent a proportionate penalty for embezzlement : if the agent convert such difference to his own advantage, a proportionate penalty for theft attaches. Any error in assessment of fines or forfeitures entails on the agent the penalty attaching to an official who gives a wrong judicial decision. Brokers are not allowed to

demand exorbitant commission and retain the

proceeds of the property confided to them for sale until they are paid what they ask

及無藉之徒誆賒貨物無從賠還 (v. case of Chang Ta-chi H. A. H. L.

Supp. vol. IV. p. 15).

TRADE COMBINATIONS

CORNERS

Arrangements to artificially influence the market are contrary to law. For a person to unduly depress or raise prices to suit his own convenience entails a penalty of eighty blows; and undue profit arising therefrom will be treated as theft.

Trade Combinations. Our railway directors and shipping agents would be in gaol in a very short time, if they ventured on their ordinary practices in China, under the clause

C. E. G.

35

開總行逼勒商人不許別投例 — i.e. the law against 'ruffians establishing conferences 'and preventing shippers chartering outside vessels'; and the originator of the combination to raise sales would be sent to military servitude on the borders after a month's cangue, while those who combined with them would get one hundred blows and three years' transportation. So in the case of Chang Hao

and

others, where some licensed shipping agents and others who combined to raise the rates on a demand for transport arising were so sentenced (H. A. H. L. Supp. vol. IV. p. 15).

Corners. Forbidden. So in the case of a corner in bread stuffs denounced by special edict from the Throne; and the Governor-General of the province wherein the case arose was directed to enquire into these practices and punish the offenders 查有奸商買空賣空情獘卽 (H. A. H. L. Supp. vol. IV. p. 21).

OTHER INTERFERENCES WITH THE COURSE OF TRADE

Strikes. It is decapitation to agitate against the repair of the bunds or

embankments, if there be pressing necessity therefor,

and so agitating keeps people from coming

forward: and, as in the case of Li Chia-shên , if a person simply agitate against

李嘉申,ifa

ordinary repairs, he will be transported for life

(H. A. H. L. vol. LX. p. 62).

Strikes are not often risked.

Levying Tolls.

This, if done unauthorisedly,

is held an interference with trade (H. A. H. L.

vol. X. p. 49).

COMMERCIAL GAMBLING

Generally and strictly forbidden. So gambling transactions in grain are severely dealt with, especially by an edict of the 12th and 15th years of Tao Kuang with reference to the establishment of corn exchanges, at which certain firms bought and sold for the account, paid differences 懸擬價值轉相招引,and fixed dates for settlement, etc. (H. A. H. L. Supp. vol. IV. pp. 21-22).

It is not permissible to prospect for gold without license, but the offence varies with the locality. In the New Territories the punishment is military servitude, in China Proper merely canguing and bambooing. Special edicts prohibiting gold washing in certain districts, as at Ta T'ung Hsien in Shansi, 大通縣 usually fix a penalty something between the

two (H. A. H. L. Supp. vol. VI. p. 29).

Distinction is drawn in regard of the penalty as to whether any gold has been obtained or not (id.).

Other mining is on much the same footing, but the penalty seems to vary according as the metal is less or more precious than gold.

COPYRIGHT

This exists chiefly in respect of official publications. So in the case of Li San, sentenced to one hundred blows heavy bamboo

for printing an edition of the official calendar without license: the compositors, printers etc., who assisted the offender were sentenced to forty blows of the light bamboo.

WEIGHTS AND MEASURES

These must be conformable to standard and be issued under Government sanction. To make false weights and measures, to procure such, or to tamper with the duly issued standards, are equally punishable with sixty blows. Measures, no matter how correct, which have not been officially examined and sealed, may not be employed under penalty of forty blows.

Officials connected with the duty of issuing standard weights and measures naturally incur special liabilities thereby: so if any measures not made according to the established rules are issued under the sanction of Government, the official who issued the measures, and the artificers thereof, are liable to a penalty of seventy blows.

MISCELLANEOUS

Illicitly quitting the country.

This is