XII

COÖPERATION IN RELIGIOUS OBSERVANCES

The genius of the Chinese for combination is nowhere more conspicuous than in their societies which have a religious object. Widely as they differ in the special purposes to which they are devoted, they all appear to share certain characteristics, which are generally four in number—the contribution of small sums at definite intervals by many persons; the superintendence of the finances by a very small number of the contributors; the loan of the contributions at a high rate of interest, which is again perpetually loaned and re-loaned so as to accumulate compound interest in a short time and in large amounts; and lastly, the employment of the accumulations in the religious observance for which the society was instituted, accompanied by a certain amount of feasting participated in by the contributors.

A typical example of the numerous societies organized for religious purposes may be found in one of those which have for their object a pilgrimage to some of the five sacred mountains of China. The most famous and most frequented of them all is the Great Mountain (T‘ai Shan) in Shan-tung, which in the second month of the Chinese year is crowded with pilgrims from distant parts of the empire. For those who live at any considerable distance from this seat of worship, which according to Dr. Williamson is the most ancient historical mountain in the world, the expense of travel to visit the place is an obstacle of a serious character. To surmount this difficulty, societies are organized which levy a tax upon each member, of (say) one hundred cash a month. If there are fifty members this would result in the collection of 5,000 cash as a first payment. The managers who have organized the society, proceed to loan this amount to some one who is willing to pay for its use not less than two or three per cent. a month. Such loans are generally for short periods, and to those who are in the pressing need of financial help. When the time has expired, and principal and interest is collected, it is again loaned out, thus securing a very rapid accumulation of capital. Successive loans at a high rate of interest for short periods, are repeatedly effected during the three years, which are generally the limit of the period of accumulation. It constantly happens that those who have in extreme distress borrowed such funds, find themselves unable to repay the loan when it is called in, and as benevolence to the unfortunate forms no part of the “virtue practice” of those who organize these societies, the defaulters are then obliged to pull down their houses or to sell part of their farms to satisfy the claims of the “Mountain Society.” Even thus it is not always easy to raise the sum required, and in cases of this sort, the unfortunate debtor may even be driven to commit suicide.

“Mountain Societies” are of two sorts, the “Travelling,” (hsing-shan hui), and the “Stationary,” (tso-shan hui). The former lays plans for a visit to the sacred mountain, and for the offering of a certain amount of worship at the various temples there to be found. The latter is a device for accomplishing the principal results of the society, without the trouble and expense of an actual visit to a distant and more or less inaccessible mountain peak. The recent repeated outbreaks of the Yellow River which must be crossed by many of the pilgrims to the Great Mountain, have tended greatly to diminish the number of “Travelling Societies,” and to increase the number of the stationary variety.

When the three years of accumulation have expired, the managers call in all the money, and give notice to the members who hold a feast. It is then determined at what date a theatrical exhibition shall be given, which is paid for by the accumulation of the assessments and the interest. If the members are natives of several different villages, a site may be chosen for the theatricals convenient for them all, but without being actually in any one of them. At other times the place is fixed by lot.

During the performance of the theatricals, generally three days or four, the members of the society are present, and may be said to be their own guests and their own hosts. For the essential part of the ceremony is the eating, without which nothing in China can make the smallest progress. The members frequently treat themselves to three excellent feasts each day, and in the intervals of eating and witnessing theatricals, they find time to do more or less worshipping of an image of the mountain goddess (T‘ai Shan niang-niang) at a paper “mountain,” which by a simple fiction is held to be, for all intents and purposes, the real Great Mountain. While there does not appear to be any deeply-seated conviction that there is greater merit in actually going to the real mountain than in worshipping at its paper representative at home, this almost inevitable feeling certainly does exist, and it expresses itself forcibly in nicknaming the stationary kind “squatting and fattening societies” (tun-piao hui). But while the Chinese are keenly alive to the inconsistencies and absurdities of their practices and professions, they are still more sensible of the delights of compliance with such customs as they happen to possess, without a too close scrutiny of “severe realities.” The religious societies of the Chinese, faulty as they are from whatever point of view, do at least satisfy many social instincts of the people, and are the media by which an inconceivable amount of wealth is annually much worse than wasted. It is a notorious fact, that some of those which have the largest revenues and expenditures, are intimately connected with gambling practices.

Many large fairs, especially those held in the spring, which is a time of comparative leisure, are attended by thousands of persons whose real motive is to gamble with a freedom and on a scale impossible at home. In some towns where such fairs are held, the principal income of the inhabitants is derived from the rent of their houses to those who attend the fair, and no rents are so large as those received from persons whose occupation is mainly gambling. These are not necessarily professional gamblers, however, but simply country people who embrace this special opportunity to indulge their taste for risking their hard-earned money. In all such cases it is necessary to spend a certain sum upon the underlings of the nearest yamên, in order to secure immunity from arrest, but the profits to the keeper of the establishment (who generally does not gamble himself) are so great, that he can well afford all it costs. It is probably a safe estimate that as much money changes hands at some of the large fairs in the payment of gambling debts, as in the course of all the ordinary business arising from the trade with the tens of thousands of customers. In many places both men and women meet in the same apartments to gamble (a thing which would scarcely ever be tolerated at other times), and the passion is so consuming that even the clothes of the players are staked, the women making their appearance clad in several sets of trousers for this express purpose!

The routine acts of devotion to whatever god or goddess may be the object of worship are hurried through with, and both men and women spend the rest of their time struggling to conquer fate at the gaming-table. It is not without a certain propriety, therefore, that such fairs are styled “gambling fairs.”

The “travelling” like the “sitting” society gathers in its money at the end of three years, and those who can arrange to do so, accompany the expedition which sets out soon after New Year for the Great Mountain. The expenses at the inns, as well as those of the carts employed, are defrayed from the common fund, but whatever purchases each member wishes to make must be paid for with his own money. On reaching their destination, another in the long series of feasts is held, an immense quantity of mock money is purchased and sent on in advance of the party, who are sure to find the six hundred steps of the sacred mount, (popularly supposed to be “forty li” from the base to the summit), a weariness to the flesh. At whatever point the mock money is burnt, a flag is raised to denote that this end has been accomplished. By the time the party of pilgrims have reached this spot, they are informed that the paper has already been consumed long ago, the wily priests taking care that much the larger portion is not wasted by being burnt, but only laid aside to be sold again to other confiding pilgrims.

If any contributor to the travelling society, or to any other of a like nature, should be unable to attend the procession to the mountain, or to go to the temple where worship is to be offered, his contribution is returned to him intact, but the interest he is supposed to devote to the virtuous object of the society, for he never sees any of it.

The countless secret sects of China, are all of them examples of the Chinese talent for coöperation in the alleged “practice of virtue.” The general plan of procedure does not differ externally from that of a religious denomination in any Western land, except that there is an element of cloudiness about the basis upon which the whole superstructure rests, and great secrecy in the actual assembling at night. Masters and pupils, each in a graduated series, manuscript books containing doctrines, hymns which are recited or even composed to order, prayers, offerings, and ascetic observances are traits which many of these sects share in common with other forms of religion elsewhere. They have also definite assessments upon the members at fixed times without which, for lack of a motive power, no such society would long hold together.

 

 


XIII

COÖPERATION IN MARKETS AND FAIRS

In many parts of China the farmer comes much nearer to independence as regards producing what he needs, than any class of persons in Western lands. This is especially the case where cotton is raised, and where each family tries to make its own clothing from its own crops. But even with the minute and indefatigable industry of the Chinese, this ideal can be only imperfectly reached. No poor family has land enough to raise all that it requires, and every family not poor has a multitude of wants which must of necessity be supplied from without. Besides this, in any district most families have very little reserve capital, and must depend upon meeting their wants as they arise, by the use of such means as can be secured from day to day. The same comparative poverty makes it necessary for a considerable part of the population to dispose of some portion of its surplus products at frequent intervals, so as to turn it into the means of subsistence. The combined effect of these various causes is to make the Chinese dependent upon local markets to an extent which is not true of inhabitants of Occidental countries.

The establishment of any market, and even the mere existence of the class of buyers and of sellers, doubtless involves a certain amount of coöperation. But Chinese markets while not differing materially from those to be found in other lands, exhibit a higher degree of coöperation than any others of which we know. This coöperation is exhibited in the selection both of the places and of the times at which the markets shall be held. The density of population varies greatly in different provinces, but there are vast tracts in which villages are to be met at distances varying from a quarter of a mile to two or three miles, and many of these villages contain hundreds, and some of them thousands of families.

At intervals of varying frequency, we hear of towns of still larger size than these called chên-tien, or market towns, and in them there is sure to be a regular fair. But fairs are not confined to the chên-tien, or the needs of the people would by no means be met. Many of the inferior villages also have a regular market, frequented by the neighbouring population, in a circle of greater or smaller radius according to circumstances. As a rule a village seems to be proud of its fair, and the natives of such a place are no doubt saved a vast amount of travel for the number of people who do not attend a fair is small.

We have met with one case of a village which once had a market, and gave it up in favour of another village, for the reason that the collection of such a miscellaneous assemblage was not for the advantage of the children and youth.

The market is under the supervision of headmen of the town, and some markets are called “official,” because the headmen have communicated with the local magistrate, and have secured the issuing of a proclamation fixing the regulations under which business shall be transacted. This makes it easier to get redress for wrongs which may be committed by bad characters who abound at village markets in the direct ratio of the number of people assembled. Many of the larger markets bring together several thousand people, sometimes exceeding ten thousand in number, and among so many there are certain to be numerous gamblers, sharpers, thieves, and pick-pockets, against whom it behoves every one to be upon his guard. It occasionally happens that a feud arises between two sets of villages, as for example over an embankment which one of them makes to restrain the summer floods, which would thus be turned toward the territory of the other villages. In such cases it is not uncommon for the parties to the quarrel to refuse to attend each other’s markets, and in that case new ones will be set up, with no reference to the needs of the territory, but with the sole purpose of breaking off all relations between neighbours.

In regions where animals are employed for farm-work, all the larger markets have attached to them “live-stock fairs,” at which multitudes of beasts are constantly changing hands. It is common to find these live-stock fairs under a sort of official patronage, according to which the managers are allowed to levy a tax of perhaps one per cent. on the sales. Of this sum perhaps ten per cent. is required by the local Commissioner of Education (hsiao-li) for the purpose of supporting his establishment. The rest will be under the control of the village headmen, perhaps for the nominal purpose of paying the expenses of a free school, the funds for which not improbably find their way largely or wholly into the private treasuries of those who manage the public affairs of the village.

The times at which village markets are held vary greatly. In large cities there is a market every day, but in country places this would involve a waste of time. Sometimes the market takes place every other day, and sometimes on every day the numeral of which is a multiple of three. A more common arrangement however seems to be that which is based upon the division of the lunar month into thirty days. In this case “one market” signifies the space of five days, or the interval between two successive markets. It is in the establishment of these markets that coöperation is best illustrated. If a market is held every five days, it will occur six times every moon, for if the month happens to be a “small” one of twenty-nine days, the market that belongs on the thirtieth is held on the following day, which is the first of the next month. The various markets will be designated by the days on which they occur, as “One-Six,” meaning the market which is held every first, sixth, eleventh, sixteenth, twenty-first, and twenty-sixth day of the moon. In like manner “Four-Nine,” denotes the market attended on the fourth, ninth, fourteenth, nineteenth, twenty-fourth, twenty-ninth days, similarly with the rest. Every village will probably have a market within reach every day in the month, that is to say, every day in the year. In one direction for example is to be found a “One-Six” market, in another “Two-Seven,” in still others a “Three-Eight,” a “Four-Nine,” and a “Five-Ten.” Some of these will be small markets, and some much larger, but the largest one will be attended by customers, especially wholesale dealers in cotton, cloth, etc., from great distances. The Chinese make nothing of walking to a market three, eight, or even ten miles away; for it is not a market only, but a kind of general exchange, where it is proverbially likely that any one will meet any one else.

 

Going To Market.

 

Chinese Market Scene.

 

Every village being thus surrounded with a ring of markets, each of these is also a cog in a wheel, playing into other wheels on each side of it. All those who attend a large market come to have a wide acquaintance with persons for great distances on each side of them, and the needs of all persons both buyers and sellers are adequately met.

The word which we have translated “market” (chi) denotes merely a gathering, and another character, (hui) is reserved for an assemblage of a much larger character, which is properly a fair. The number of persons who attend these fairs frequently rises to between ten and twenty thousand, giving a stranger the impression that the entire population of several counties must have been turned loose at once. Fairs are to be found in the largest Chinese cities, as well as in towns of every grade down even to small hamlets, though the proportion of towns and villages which support a fair is always a small one. It appears to be a general truth that by far the larger part of these large fairs owe their existence to the managers of some temple. The end in view is the accumulation of a revenue for the use of the temple, which is accomplished by levying certain taxes upon the traffic, and by the collection of a ground-rent. The latter is also a feature of the village market, the proprietor of each bit of ground appearing at each market to collect of the persons who have occupied his land, either a fixed amount, or a percentage upon their sale or supposed sales.

In the larger centres of population, it is common to find fairs held for a month or more at a time, and in some places there are several of these fairs every year, forming the centres of activity around which all the life of the place revolves. In such places the inhabitants make a good profit by renting buildings to the multitudes who come from a distance to sell and to buy, and where this is the case, when the fair is not in operation the city frequently appears to be nearly extinct. But trade no sooner begins, than countless thousands throng the lately almost deserted streets.

In order to make a fair a success, it is necessary that the managers should be men of enterprise and of sufficient business ability to deal with the many difficulties which are likely to arise. They exercise a certain supervision over everything, and are technically responsible for what goes wrong, though this responsibility they frequently evade. In order to attract a large attendance, it is generally necessary for fairs which are to last four days, to begin with a theatrical representation, which continues till the close. Sometimes, however, the players fail to appear, and in that case the whole fair may come to nothing. These large fairs are attended by merchants representing cities many hundred miles distant, and dealing in every article which is likely to attract customers.

As the means of transportation are very inadequate and locomotion is always slow and difficult, the merchants who go about from one fair to another for many months of the year, lead a life, or rather an existence, which is far from enviable. The half-month holiday with which the Chinese year begins is no sooner over than the large fairs begin also, and they continue with intermissions throughout the rest of the year. There is a brief interval for the wheat harvest, an event of the greatest importance to every class of the population, and the rainy season generally causes another interruption, often so serious a one as to upset all plans for two months or more.

The principal coöperative element in fairs lies in so arranging them as to dovetail into one another with least loss of time to the travelling merchants. The success generally attained is offset by many conspicuous failures, due to the Chinese thirst for gaining advantage over rivals, irrespective of the interests of others, which in matters involving coöperation, often results in disappointment. Thus, it is not uncommon to find that while the posters announcing a fair have been put up all through the country-side for an entire month, no one can tell when it is really to begin. That the day for beginning is “fixed” is a point of no consequence whatever, for with the exception of eclipses nothing in China is so “fixed” that it is not subject to alteration, and this exception may be thought to be due to the circumstance that eclipses are not under the supervision of the Chinese. We have known repeated instances in which persons who wished to attend a large fair, the date of which has been “fixed” for generations, have travelled many miles at great inconvenience, once and again, only to find that it was delayed owing to the fact that nobody had come, every one being apparently engaged in waiting for every one else. But infelicities like this are universal and constant in China, where punctuality is “a lost art.”

 

 


XIV

COÖPERATIVE LOAN SOCIETIES

Among the most characteristic examples of Chinese capacity for combination, are Loan Societies, which seem everywhere to abound. The object of these organizations is the same as that of similar associations elsewhere, but it may be doubted whether the Chinese methods of procedure are not unique. As in everything else Chinese, with a general similarity, there is such divergence in detail, that it is sometimes very difficult for natives of one district, even to comprehend the rules of the Loan Societies of other and perhaps adjoining counties.

The reasons for the extensive organization of these societies, are those to which attention has been repeatedly called. Every Chinese has constant occasion to use money in sums which it is very difficult for him to command. The rate of interest is always so high, that a man who is compelled to borrow a considerable amount, upon which he must pay interest at two and a half, three, or even four per cent. a month, will not improbably be swamped by the endeavour to keep up with his creditors, a fact of which everyday experience furnishes countless examples. By distributing the payments over a long period, and by the introduction of an element of friendship into a merely commercial transaction, the Chinese is able to achieve the happy result of uniting business with pleasure. Of the measure of success attained we may be better able to judge, after an examination of the processes pursued.

The simplest of the many plans by which mutual loans are effected, is the contribution of a definite sum by each of the members of the society in rotation to some other one of their number. When all the rest have paid their assessment to the last man on the list, each one will have received back all that he put in and no more. The association is called in some places the “Club of the Seven Worthies” (Ch‘i hsien hui). The technical name for any association of the kind in which coöperation is most conspicuous, is Shê. The man who is in need of money (Shê-chu) invites certain of his friends to coöperate with him, and in turn to invite some of their friends to do the same. When the requisite number has been secured, the members (Shê-yu), assemble and fix the order in which each shall have the use of the common fund. This would probably be decided by lot. Unless the amount in question is a very trifling one, every meeting of the members for business purposes will be accompanied with a feast attended by all the partners, and paid for either by the one for whose benefit the association was organized, or by the person whose turn it is to use the common fund.

At the first feast, given by the organizer of the association, each of the members attends provided with the sum agreed upon, let us suppose 10,000 cash, which is paid over to the headman, 60,000 cash in all, to be used by him, for a certain fixed period, say a year. The next year, the feast is given by the person who drew the second lot; the headman puts 10,000 cash into the treasury, and each of five other members the same sum, all of which is paid over to number three, who in like manner employs it for a year, when in the same way the fourth takes his turn. At the end of six years each of the seven members will have had a turn, each will have received 60,000 cash without interest, and each will have paid out 60,000 cash for which he has likewise received no interest. Each one will have been accommodated with the handling of a larger sum than he could have otherwise obtained, at the end each one has lost nothing in money, but has had six more or less excellent feasts, a matter from a Chinese point of view of some practical importance, however lightly it might be esteemed by a Westerner.

It would seem that the simple form of coöperative borrowing here described, is by no means so common as some of the various societies in which interest is paid, and it is not perhaps surprising that this should be the case. The Chinese are so much in the habit of paying an extortionate sum for the use of the money of others, that it doubtless appears to the average borrower that if he has exacted a high interest, he has made a better bargain than if he had received no interest at all, although he must eventually pay out just as much interest as he receives, and is demonstrably no better off at the final payment than if he had borrowed and lent, disregarding interest altogether.

The methods of societies which exact interest for loans, differ greatly in every detail, and there is evidently no limit to the variations which local custom may adopt in any particular district. In some regions the ordinary number of members appears to be sixteen as in the case just supposed. In others, the number rises to thirty or even more. Sometimes the meetings are held annually, in other districts the usual rule is semiannual meetings, in the second and eighth moons. In societies where the rate of interest is fixed, the only thing to be decided by lot, or by throwing dice, will be the order in which the members draw out the common fund. This may not improbably be determined at the first meeting, each member taking his turn in accordance with the excellence or otherwise of his throws with the dice. But if, as often happens, the interest is left open to competition, this competition may take place by a kind of auction, each one announcing orally what he is willing to pay for the use of the capital for one term, the highest bidder taking the precedence, but no member ever has a second turn. If the oral method of competition is not used, a still better plan may be adopted. This consists of prepared slips, like ballots, noting an offer of interest, deposited by each member in a box, the highest bidder getting the precedence, and in case of like amounts offered by different bidders a second ballot to decide who will add the most to his previous offer. It is easy to see that in this way, the interest to be paid might not be the same for any two loans, in which case there would seem to be inevitable some complexity in the accounts. But for the most part, the Chinese appear to take involved computations of this nature with surprising facility, especially considering the limited practice in mathematics which most of them have enjoyed.

For the sake of greater simplicity, we will take a case in which the interest for each period is assumed to be one-fifth of the principal, in which the number of members is ten, besides the organizer of the society, and in which the amount loaned by each member is 10,000 cash. It is also assumed that in this case the headman for whose benefit the lending was begun, does not repay the loan in money, but only in spreading at each meeting a feast of specially good quality. The interest is of the nature of a “bank discount,” and is therefore collected in advance, the only certain way, it may be remarked, to collect it at all. Each man, it will be observed, with the exception of the first, actually receives only 8,000 cash, but repays to each one who follows him in drawing, a full 10,000. The result will be best seen in a tabulated form, as follows:

(The headman makes the feast only, but does not repay the loan.)

The headman receives from each member 10,000 cash (ten strings) 10 X 10 = 100.

Number2receives9 X 8 =...72
"3"8 X   8 =64 + 10 =74
"4"7 X   8 =56 + 20 =76
"5"6 X   8 =48 + 30 =78
"6"5 X   8 =40 + 40 =70
"7"4 X   8 =32 + 50 =82
"8"3 X   8 =24 + 60 =84
"9"2 X   8 =16 + 70 =86
"10"1 X   8 =  8 + 80 =88
"11"9 X 10 =...90

In the following modification of the plan of loan, the headman pays back his loan, like the other members, and also provides each feast, which is regarded as his interest.

Headmanreceives 10 X 10 strings = 100
Number2"   9 X   8 = 72 + 10 = 82
"3"   8 X   8 = 64 + 20 = 84
"4"   7 X   8 = 56 + 30 = 86
"5"   6 X   8 = 48 + 40 = 88
"6"   5 X   8 = 40 + 50 = 90
"7"   4 X   8 = 32 + 60 = 92
"8"   3 X   8 = 24 + 70 = 94
"9"   2 X   8 = 16 + 80 = 96
"10"   1 X   8 =   8 + 90 = 98
"11"10 X 10 =               100

In these examples it will be observed that the earlier each member draws his money, the less he gets on his investment. In the case last supposed, the final recipient, who has no interest to pay, but who receives interest from all but the headman, gets back all his money in a lump, with interest upon it. As already remarked, for the sake of simplicity we have disregarded the actual time for which the money is loaned, and for convenience have assumed a rate of interest which would probably be below the real one. It is evident that so far as financial considerations go, taken by themselves, it is for the advantage of the partners to come as late in the drawing as possible. But it is far from being the case that financial considerations are the only matters to be taken into account. The man who needs money, and who can never be sure of getting as much as he needs upon any better terms than these, will gladly take it as soon as he can get it, arranging the wedding for which he perhaps wishes to employ it, to suit the time of the loan.

Like other human contrivances, Chinese loan societies are to be judged by their results. The practical operation of these organizations often presents an instructive view of many aspects of Chinese life. The man for whose benefit the society is got together does not find that others are hungering and thirsting to do him a good turn, unless they clearly see their way to recover what they put in, with liberal interest. It is therefore often necessary to use a great deal of persuasion, to induce one to join, and especially to persuade him to bring in others. No one is willing to enter into a society of this kind unless it is reasonably certain that every member will meet every assessment, for if any individual fails to pay, everything is at a deadlock. To guard against this, it is customary to have security, or bondsmen, in some instances the headman acting as bail for all the rest. In case of failure on the part of any member to meet his payment, the headman is then required to pay the amount lacking, and this he is of course very unwilling to do, however freely he has engaged to do so. Troubles of this nature lead to many fights, and if this extreme measure is not resorted to, it is not at all unlikely that the person technically responsible will try the familiar method of begging off, striving to induce a creditor to accept a k‘o-t‘ou in place of cash. If sufficient pressure can be brought to bear in favour of any defaulting member, this plan may succeed in its object, as well as in breaking up the loan society.

Where the number is enlarged to more than a score, as in some districts, the probability that some one will fail to meet his obligations is greatly increased. It is also a fatal objection to these long loans, that before the whole term of years elapses, it is morally certain that something will occur to disturb the very unstable financial equilibrium of the members. For instance, the T‘ai-p‘ing rebellion, with its long train of sorrows, and the continual famines and floods of later years in Northern China, have tended to bring loan societies into discredit, because experience has shown that thousands of persons have put into them what could never be recovered. It is the almost unanimous testimony of the Chinese whom the writer has consulted on the subject, that in these days such societies fail to accomplish their uses, and are little better than a fraud. Whether a man loses by them, or not, will depend, however, mainly on his own skill in keeping out of those which are unsafe, regardless of the pressure which may be brought to bear upon him. Some men will tell you that they have been partners several times and have never lost their capital, or only lost it once, while others have a totally different account to give.

A Chinese whose easy-going disposition made him a valuable neighbour to those who wished to borrow without being at the inconvenience of repaying, stated that he had been six times a member of a loan society, and while once the capital had been doubled by a fortunate speculation, on each of the five other occasions he had lost all, or nearly all, put in. That such experiences are far from being uncommon, is testified by a current adage, to the effect that if a man has been in a loan society with another three separate times, if he has not been cheated, he has at least been robbed!

After the foregoing account of Coöperative Loan Societies was written, a suit was reported in the Hong Kong papers, which well serves to illustrate the legal difficulties which seem to puzzle not only the lawyers, but apparently the Judges also, for the case which was first heard in July, came on for another hearing upon appeal the next January, and was not decided until the following March. There were four plaintiffs and four defendants. It appeared that twelve men decided to form a Money Loan Association, one of them being trustee, and taking up the subscriptions. Each member undertook to pay $50 per month, by which a sum of $600 would be made up. Each month the members were to meet at a dinner, paid for by each of the members in turn, and at these dinners tenders were received for the fund of $600, the member offering the highest interest getting the “pool,” less the amount of interest. After the association had run for eight months, the headman or trustee failed in business, disappeared, and the association came to an end.

The four persons who had paid money into the association for eight months, and who had received no benefit, sued the other four members who had ceased to pay their subscriptions after the failure in business of the trustee. The defence was that the only person responsible was this trustee, and that all the sums claimed had been paid to him by the defendants. The Acting Chief Justice, who heard the case, was of the opinion that the subscriptions not paid were due, and that the trustee had no authority from the other members to receive beforehand any contributions, and the Justice accordingly gave judgment for the plaintiffs.

The case was appealed, and counsel stated upon its coming up that it was appealed on a question of law. He related the circumstances of the case, and maintained that there was no contract between either of the plaintiffs and the four defendants jointly or severally, that they would pay a sum of $200. The only contract proved and shown, was a contract that each of the members would contribute to a common fund which he might not get in the first instance, but which he was certain to get some time. He therefore submitted that there was no contract at common law on which this action could be maintained, and that there was absolutely no means of deciding the issues in such a case.

To this statement, the opposing counsel replied by admitting that there was a certain amount of difficulty in working out the scheme as a whole, yet unless their Lordships held that these men were liable in this case, the prosecutors were practically deprived of any remedy at all. He submitted that this was against the whole intention of the association, which was in a certain sense for profit, for the mutual help of its members, and the common good of all. To hold that no action was maintainable individually, would be holding out a premium for dishonesty, because the man who got the first payment would then leave the Colony.

At this point the Justice remarked that this was what very often happened. In delivering his opinion, the Justice said that he thought the case was a claim for money lent, but it had been treated as a claim for the return of $50 from each of the defendants in respect of a money loan association. At the trial the defendants had denied that they had made any contract with the plaintiffs, and referred to the fact that certain meetings of the association had been held, and that the other meetings had not been regularly called in accordance with the articles of association. That being so, he held that there was no contract between the various members of the association, which would enable one member to sue another, and therefore he decided in favour of the appellants.

The Puisne Judge said that the contract entered into, was either one between the defendants and one of the plaintiffs, or else it was a mutual contract between the defendants, and the other members of the association. In the first case the plaintiffs could not recover, and if it was a mutual contract between all the members of the association, there ought to be a suit in equity to ascertain what were the various rights of the parties, and all the members of the association must be parties to that action. And so he also gave judgment in favour of the appellants, with costs. The money which had been paid into court, pending the appeal, would be paid out.

Whoever takes the trouble to follow these arguments, and the facts upon which they rest, ought to be convinced of several propositions: that it is very easy to make arrangements to pay out money to Chinese; that it is very easy not to get that money back again; that when there is a hitch in the intricate business of adjustment, it is not unlikely to take all the lawyers and Judges of a Crown Colony nine months to find out the law and equity, and that when the case has been decided it is difficult for an ordinary mortal to judge whether the decision was right or wrong!

 

 


XV

SOCIETIES FOR WATCHING THE CROPS

In a country where the poor are in such a majority as in China, and where the fields are altogether open, it is desirable if not necessary to have some plan by which property so unprotected can be effectively watched. In every orchard, as soon as the fruit begins to show the smallest sign of ripeness, the owner keeps some of his family on guard day and night, until the last apricot, plum or pear is removed from the trees. The darker and the more rainy the night, the more is vigilance required, so that a family with a bearing orchard is under the most absolute bondage to this property for a part of every year. During the months of July and August the fields are dotted with little booths some of them overrun with climbing vines, and each of these frail tenements is never for a moment deserted until the crops have all been removed. In some regions the traveller will observe these huts built upon a lofty staging so as to command a wide view, and they are often put up even in fields of sorghum, which would not seem likely to be stolen. But the lofty growth of this stalwart plant is itself a perfect protection to a thief, so that it is much more difficult to watch than crops far less elevated from the ground. Growing to an altitude of from ten to fifteen feet, it completely obscures the horizon, and practically obliterates all landmarks. So far as knowing where one goes, a traveller might as well be plunged into an African jungle. Even the natives of a region sometimes get lost within a few li of their own village on a cloudy day. The autumn crops of Shan-tung consist of the innumerable kinds of millet, sorghum, (which, though called “tall millet,” has no affinity with real millet;) beans; Indian corn, or maize; peanuts; melons and squashes; sweet-potatoes and other vegetables (the others mostly in small patches); hemp; sesame; and especially cotton. There are many other items, but these are the chief.

Of all these diverse sorts of produce, there are hardly more than two which do not cause the owners anxiety, lest they be stolen from the field. The heads of sorghum and of millet are easily clipped off. Nothing is easier than rapidly to despoil a field of corn, or to dig sweet-potatoes. The latter, indeed, are not safe from the village dogs, which have learned by ages of experience that raw vegetable food is much better than no food at all. What requires the most unceasing vigilance, however, are the melon patches and the orchards. Of watermelons, especially, the Chinese are inordinately fond. Every field is fitted with a “lodge in a garden of cucumbers,” and there is some one watching day and night. The same is true of the “fruit rows,” familiarly called hang-tzü. Birds, insects, and man are the immitigable foes of him who has apples, pears, peaches, plums, cherries, apricots and grapes. If the orchard is of any size, there may be collusion between the thieves, who appear at both ends at once. Both sets cannot be pursued. The crows and the blue-jays are the worst bird robbers, but they can be scared off, especially with a gun. The human pilferers are not to be so easily dealt with. The farmer’s hope is that seeing that some one is on guard they will go elsewhere, and steal from those not on guard. Hence everybody is obliged to stand guard over everything.

Where the population is densest, the extent to which this must be carried passes belief. In such regions about dusk an exodus sets forth from a village like that in the early morning to go to the fields to work. By every path the men, women, and even children stream forth. Light wooden beds, covered with a layer of the stiff sorghum stalk, are kept out in the fields for constant use. A few sorghum stalks are twisted together at the top, and a piece of old matting tacked on the sunny side, and under such a wretched shelter sits a toothless old woman all day and all night with alternations.