Page images
PDF
EPUB

nor officials under the Act, to carry it into effect. There is a curious provision on the point touching the rearing of venomous animals - be it noted, with a view to destroy human life; and accordingly Zoological Gardens would be permissible.

SECTION II E:GAMY

BIGAMY

It is an offence, punishable with ninety blows, to take a second spouse, and the marriage is null and void. Whereas however, it frequently happens when a man is heir to two families that he takes two wives with a view to continuing the succession, in ignorance of the law, it is provided that in these cases the parties shall not be compelled to separate but, as no

man can have two real wives, the status of the one last married will be that of secondary wife (H. A. H. L. vol. XL. pp. 21-24).

It is by law a capital offence for a wife to

run away from her husband and marry again if she do so deliberately. If however the wife had been beguiled away, and marries because she is afraid to go back, or is married off by her seducer, she is merely liable to transportation (v. case of Mrs Chu née Li H. A.

H. L. vol. XX. p. 26). The liability of the wife will arise even though the first marriage was illegal (H. A. H. L. vol. XL. p. 3).

If the husband has been away for three years and upwards, and during that period nothing has been heard of him, it may be assumed that he is dead, and the wife may marry again on petitioning the Authorities: and it appears that the wife may marry again if she has not heard from or of her husband for the above space, although she knew that his absence was primarily caused by the fact that he had been transported as in the case of Yiin Ta-hsiao 雲大小, where a period of five years had elapsed (H. A. H. L. vol. XL. p. 1). On the latter point the law is not clear (cf. Husband and wife p. 190). The wife will also be only liable in a measure if her husband being away

C. E. G.

36

and alive

she marries again within the

space of three years provided she did so in the honest belief on reasonable grounds that he was dead (cf. R. v. Tolson).

[blocks in formation]

GAMING AND GAMING HOUSES

This is strictly forbidden, though in practice prevalent and seemingly condoned. By gaming is to be understood playing at any game of chance for money or for goods, and a penalty of eighty blows attaches for so doing, while the stakes are to be confiscated to the State. Even a friendly game for a bottle of wine is punishable with eighty blows (H. A. H. L. Supp. vol. XIV. p. 37), while the dice are to be destroyed and the stakes confiscated.

To keep a gaming house renders the proprietor thereof liable to the penalty for gaming, while the house becomes forfeit to the State.

PLEASURE HOUSES

To keep such, if tending to the abasement of the general morality, is forbidden under heavy penalties. To keep a music hall and an opium divan attached thereto is in any event punishable with one hundred blows and three years' transportation and no circonstances attenuantes are allowed (H. A. H. L. Supp. vol. XIV. p. 30). And so in strictness with brothels

brothel keeper

the

incurring liability therefor.

PROFLIGACY IN OFFICIALS

Such tends to set a bad example to the people the more so being on the part of those whose duty it is to set a high moral standard. So an official who merely spent a night at a music hall was punished with sixty blows and the loss of his office (H. A. H. L. Supp. vol. XIV. p. 30). The same penalty attaches to the sons. of those who possess hereditary rank. An official who games or keeps a gaming house (supra) incurs a penalty one degree heavier than an ordinary person.

THEATRICAL OFFENCES

Acting is by no means discouraged by Chinese Law the representation of worthy characters exercising a beneficial effect on the audience. Certain limits however have been fixed by the law with regard to representation, it not being allowable to represent on the stage such parts as former Emperors, Empresses, famous princes, or ministers, under penalty of one hundred blows. This law, however, seems chiefly to be honoured in the breach.

Though acting is not discouraged, it is by no means considered a very honourable profession. So actors who purchase the sons or daughters of free persons with a view to educate them in the profession incur thereby one hundred blows, as does also the person who knowingly so sells

a middle-man in the transaction incurring one degree less punishment. An actor is also under personal disabilities as to the marriage or adoption of free persons.

« PreviousContinue »