L A W. 
■343 
ties thus unlawfully conne£led (hall be feparated ; the 
daughter flaall be returned to her parents, and the wife 
to the family to which fhe originally belonged; the pecu¬ 
niary confideration in each cafe (hall be forfeited to go¬ 
vernment. Thofe who ignorantly receive fuch perfons 
in marriage, contrary to the laws, (hall be excufed, and 
recover the amount of the marriage-prefents.” 
The Ta Tling Leu Lee, and our own ftatutes at large, 
afford juft as much information, the one as the other, to 
an inquirer concerning the law of inheritance of the two 
countries; the code before us is barren and unfatisfaftory 
upon the point; this main part of Chinefe law muft there¬ 
fore yet remain conjectural. The lands of China were 
formerly common property, allotted out to families by 
the magirtrates of the feveral diftridts, until the time of 
Tfin-chi-hoang, in whofe reign they were put up to (ale, 
and thence became heritable property. This will account 
for the total filence of the Chinefe canonical books, and 
their early writers, as to any regulations concerning in¬ 
heritance; and, from its being contrary to ancient ufage, 
the fucceeding dynafty, at the lame time that common 
policy pointed out to it the danger of difturbing the pof- 
leffors in their new acquirements, might alfo deem it pru¬ 
dent to take no notice of it in the revived fyftem ; and 
hence, probably, no rules were eftablilhed by authority 
for its government. 
By the lxxxviith feftion of the code before us, it is to 
be collected, that the anceftor may make a will ; fe&ions 
xciii, cv, and cccxxxvi, (peak of fale, exchange, and pur- 
chafe, and the mode of mortgaging land ; the former 
would feem to imply, at all events, fome power of ap¬ 
pointing particular parts of his property to, and defigna- 
tion of, one or more of his inheritors in preference to 
others; and the latter, an abfolute power of difpofal. We 
have before feen that a man can have but one principal 
wife at a time, but as many inferior wives as he pleafes; 
it is alfo declared, that the children of fuch principal wife 
(hall (irlt f’ucceed ; though thofe by the inferior wives 
feem entitled to fome (hare in the fucceftion. Whoever 
appoints his heir and reprefentative unlawfully (hall fuf- 
fer 80 blows. The firft or principal wife, having com¬ 
pleted her fiftieth year without iffue, the eldeft fon by the 
other wives muft be appointed to the inheritance. A man 
having no male iffue is directed to choofe an heir and re¬ 
prefentative from thofe of the fame name and known an- 
eeftry as liimfelf, beginning with his father’s ilfue firft ; 
for want of thefe, from the fecond degree, and fo on from 
the third and fourth ; on failure of all thefe, he may choofe 
whom he will of the fame family-name. If a fon be af¬ 
terwards born to him, fuch fon and the appointed heir 
(hall participate equally in the family-property. 
The law of mortgage is tolerably clear; it can only 
take place by a regular contraCl duly authenticated, and 
alfeffed to the legal duty; the mortgagee, taking poffef- 
iion without fuch formalities, renders himfelf liable to 
puniftnnent, and the forfeiture of half the mortgage- 
money. The whole produce and poffeffion muft he un- 
refervedly transferred to the mortgagee; in default, the 
land fo illegally mortgaged is forfeited to the government. 
A fecond mortgage is deemed fraudulent, and punifhed 
as in ordinary cafes of theft; but that part of it which 
confifts in branding is now omitted, and the money re- 
ftored to the bona-fide mortgagee; but, if he is privy, it 
is forfeited, and he and the negociator of the bargain, if 
alfo privy to the wrong, (hall luffer like the mortgagor. 
If, after the term of the mortgage is expired, the mort¬ 
gagor, being really able to pay, offer to redeem his eftate, 
he is at liberty to do fo, and the mortgagee muft return 
the poffeffion. No mortgage or redemption of lands mort¬ 
gaged fhall be fet afide or reverfed after it has been figned 
by all the parties interefted, or after it has been acquiefced 
in by them for five years ; but a general poiver of re¬ 
demption may be referved ; and if, at the expiration of 
efce period of mortgage, the party be unable to repay 
money, he may either releafe his right to the mortgagee 
by way of abfolute fale, on receiving a further fum to be 
agreed on by the parties or by arbitrators, or the mort¬ 
gagee may eleft to continue in pofleffion or reimburfe 
himfelf by mortgaging over to another, the right of re¬ 
demption continuing with the original mortgagor. Thofe 
lands which have been allotted on the tenure of military 
fervice cannot be pledged or mortgaged, but may be let 
for a term not exceeding three years. Holding-over fub- 
jeCfs the mortgagee to puniftnnent, and to account for the 
ufufruCt during the period of unjuft detention. Thirty 
year completes the right of pofleffion in a doubtful title 
without claufe of redemption. 
In the ordinances rel'pefting the fraudulent pofleffion 
of lands, as well as in the cafe of the military tenure be¬ 
fore-mentioned, we find the diftinclion between the land 
of the lubjeft and that of the government. The fraudu¬ 
lent transfer or pofleffion of lands is punifhable, accord¬ 
ing to the number of tenements or mcu (1000 fquare 
yards), with blows and banifhment ; and two degrees are 
fuperadded where the property belongs to the govern¬ 
ment. Violent feizure lubjeCf s the offender to ioo blows 
and perpetual banifhment to the extreme difiance. Till¬ 
ing without leave the lands of another is alfo punifhable ; 
and the produce belongs to the owner of the heritage. 
But it is not to be inferred from this that land is neglect¬ 
ed ; no empire has fo ennobled agriculture ; (fee the arti¬ 
cle China, vol. iv. p. 454.) The head of every townfliip 
is punifhable to a certain extent of blows for the want of 
culture of the foil and mulberry-trees in his diftriCt, and 
the proprietor (till further. 
Property found muft within five days be delivered to 
the magiftrate ; if it belong to government, the finder 
(hail have no benefit; if to an individual, the half; but, 
if no one prove his claim to it within thirty days, the 
finder (hall have the whole. All buried property fhall be¬ 
long to the finder, if no owner can be found, except bells, 
vaf'es, ancient utenfils, and feals of government, which 
muft be delivered up within thirty days, under the pe¬ 
nalty of 80 blows. 
Intereft in China is allowed as high as 3 per cent, per 
month, or 30 per cent, per annum; but fuch intereft fhall 
in no cafe exceed the amount of the debt. Non-payment 
of it three months after the time ftipulated, if fliort by 
five leang, fubjeCts the defaulter to 10 blows, and an in- 
creafe of one degree for every month over, not exceeding 
40 blows; if fliort by fifty leang, 20 blows, and one de¬ 
gree more for every month, not exceeding 50 blows; if 
fliort by one hundred leang, 30 blows, and one degree 
for every month after, befides payment of the whole 
principal and the intereft due upon it. Whether the per- 
fon of the debtor may be feized does not appear by the 
code : if, however, the creditor accept his wives and chil¬ 
dren in pledge, he fhall futfer 100 blows; if in this ftate 
he is guilty of criminal intercourfe with them, he fhall 
be punilhed one degree more feverely ; but, if he feizc 
them by force, he (hall be punifhed two degrees beyond 
the former; and, if he violate them, with death ; and, by 
the acceptance or feizure of fuch a pledge, the debt fhall 
be cancelled. 
Some reftriftions exift with regard to trade, which, how¬ 
ever ufeful to prevent fraud, feem rather inconfiftent with 
the fpirit of free commerce; and fome of which, for the 
want of knowing the adhial ftate and nature of trade in 
China, are difficult to be underftood. The Chinefe code 
orders, that the commercial agents ellabliflied in cities, 
public markets, village-diftrifts, ports, and reaches of ri¬ 
vers, fhall be felected from the inhabitants of the place, 
and keep a regifter fubjeft to the monthly infpefiion of 
the board of the diftrift ; and the valuation of goods and 
merchandife fhall be effected by them on fair and equita¬ 
ble terms. Any depreciation fhall be deemed malverfa- 
tion, and any money received by the agent beyond the 
appreciation, and appropriated to himfelf, is theft. If 
1 .one 
