Page:The Green Bag (1889–1914), Volume 09.pdf/332

Rh is likewise wounded, the principal offender is beheaded, and if any organized band of robbers, in an attempt to secure booty, burn a house or violate a female, the criminals are beheaded immediately after conviction, and their heads, as soon as struck off, are fixed on pikes and exhibited as a public spectacle.

If accessories to a robbery or theft, when it is their first offense, surrender themselves before information has been given to any magistrate, they are pardoned.

In passing sentence on persons guilty of theft the magistrate always takes into consideration the rank of the person stolen from and the amount taken. In ordinary cases the guilty persons are branded in the lower part of the left arm with the words "Tsie tao," signifying "thief," as a warning to others and a reproach to themselves, in addition to receiving corporal punishment, and in some cases they are exiled perpetually.

As to what constitutes a theft or robbery, and what an attempt only, the rule is that an open and violent taking constitutes robbery, and a private and concealed taking a theft. An attempt is to be distinguished from the accomplishment of the criminal purpose in the following manner: In cases of strings of copper money, utensils and other easily movable articles of that description, possession must not only be obtained, but they must have been moved out of the place or apartment in which they were found; otherwise a theft or robbery of such articles is only to be considered as having been attempted. In case of pearls or other precious stones, and other small and valuable articles, it is sufficient that they are found on the person of the offender. On the contrary, in the case of large, heavy articles of wood or stone which the unassisted strength of man is not adequate to remove to any distance, they must not only have been displaced, but actually lifted upon the cart, or upon the animal provided for their removal. In respect to horses, asses, mules and cows, they must have been taken out of the stable, and some evidence must be adduced of exertion on the part of the offender to make himself master of them. Thus, if one horse is stolen and the rest follow, the thief is not responsible for the theft of more than one horse; but if he steals a mare, and the foal follows, his offense is to be deemed a theft of both the mare and the foal. In general, when there are circumstances to trace, and witnesses to give evidence of the overt act, but not of any actual possession of the goods, the offense is punished as an attempt only. When actual possession is proved the theft or robbery is considered to have been completely carried into effect, and punished accordingly.

Great care is taken to ensure the health and comfort of the emperor, and if any physician inadvertently prepares and mixes the medicines destined for the use of His Imperial Majesty in any manner that is not sanctioned by established usage, or does not accompany them with a proper description and direction, he is liable to a penalty of one hundred blows.

The cook who prepares the imperial repast must also be exceedingly careful, for if he introduces any prohibited ingredients into the dishes by inadvertence; uses articles of food not clean and skillfully selected, or neglects to taste their quality when cooked, punishment is administered.

Some of the provisions of the Chinese Code are of great merit, particularly the one guarding against monopolies of all kinds, which provides that if artful speculators, using undue influence in the market, oblige others to allow them an exorbitant profit, and by unjust contrivances raise the price of their goods far beyond their real value, they shall be severely punished.

There is also a humane section with regard to the care of the aged, infirm or destitute. Every magistrate is bound to maintain and protect all such people in his