Page:The Green Bag (1889–1914), Volume 14.pdf/582

 Landmarks of Chinese Law. provide speech. It is the first thing that is taught them in their schools; they are verye well nuortered and courteous in their speeches although it bee with them that they haue condemned by law." Mendoza's description of Chinese legal procedure is most entertaining. The Hakluyt Society of London has taken the pains to reprint this rare book. The Ta-li Sz', or Court of Judicature, con trols all the criminal courts in the Empire, and may fairly be called the Supreme Court.' In trials for murder it unites with the Court of Representation and Censorate. Judges who are not unanimous must report to the Emperor. The Ta-li Sz' is held in the highest honor throughout China. Justice is to be had at all hours of the day and night, although courts are supposed to be open only from sunrise to noon. A drum stands ready for suppliants to beat at the doors of inferior tribunals and the Court of Representation in Peking; but this means of attracting attention is little used. Six tablets at the gate of the Governor-General's palace set forth the principal wrongs which a person is likely to suffer. The magistrate enters court accompanied by a retinue of lictors. Men bearing the symbolic whip and chains are preceded by gong-strikers whose raps are according to the rank of their master. A pair of avantcouriers shout : " Clear the way! " a servant carries the lo, or umbrella of state, and an assistant runs by the side of the sedan. The secretary and messengers are in ordinary chairs or on foot. The highest officers are carried by eight, the lowest by two bearers. Other insignia are lanterns by night, red tablets by day. In Peking, mandarins have mounted attendants and ride in carts, but there the effect is purposely subdued out of deference to the Emperor. Inside the always plain and dirty court

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room the magistrate seats himself at a table, whereon are the official seals, and cups con taining tallies which he throws down to indi cate the number of blows of punishment. The figure of a unicorn appears on the wall behind the judge, and an inscription exhorts mercy. No counsel is allowed to plead, but the licensed notary may read the documents in court and even explain circumstances. The presiding officer may call in assistants if he chooses. There is a record of a GovernorGeneral who was assisted by sixteen magis trates. No oaths are taken in the court room, and hearsay' evidence may send a man to the headsman. "The general policy ... is to quash cases and repress appeals." Governor Li of Canton wrote in 1834 : " If the people are impressed with a due dread of punish ment, they will return to respectful habits." Most of the laws of court procedure are dis regarded, and civil and criminal law are con tinually confused. Confessions of both accused and witnesses are extorted by a regular method. Torture is defined by the Chinese as legal and illegal. The legal instruments are three grooved boards for compressing the ankles, five round sticks for compressing the fingers, and the bamboo. The kind and rigor of the torture depends on the nature of the magistrate. There is an instance of two criminals being nailed to the same board; one of them tore his hands loose, was fastened again, and died soon afterward. Beds of iron, red hot spikes and boiling water have all been employed against witnesses as well as prisoners. Cut ting the tendon of Achilles, forcing the pris oner to kneel on chains or on pounded glass, sand and salt mixed together are not unheardof methods of procuring needful information, — for unless there is confession, there can be no punishment. One mandarin went so far as to shut up a refractory prisoner in a coffin for a few moments. Unfortunately the