When Any Person Commences A Suit Against Another, He Sets Down
His Claim In Writing, And The Defendant Writes Down His Defence, Which He
Signs, And Holds Between His Fingers.
These two writings are delivered in
at the same time; and being examined, sentence is pronounced in writing,
each of the parties having his papers returned to him, the defendant having
his delivered first.
When one party denies what the other affirms, he is
ordered to return his writing; and if the defendant thinks he may do it
safely, and delivers in his papers a second time, those of the plaintiff
are likewise called for; and he who denies the affirmation of the other, is
warned, that if he does not make out what he denies, he shall undergo
twenty strokes of the bamboo on his buttocks, and shall pay a fine of
twenty fakuges, which amount to about two hundred dinars. And the
punishment of the bamboo is so severe, that the criminal can hardly
survive, and no person in all China is permitted to inflict it upon another
by his own authority, on pain of death, and confiscation of his goods; so
that no one is ever so hardy as to expose himself to such certain danger,
by which means justice is well administered to all. No witnesses are
required, neither do they put the parties upon oath.
When any person becomes bankrupt, he is immediately committed to prison in
the governor's palace, and is called upon for a declaration of his effects.
After he has remained a month in prison, he is liberated by the governor's
order, and a proclamation is made, that such a person, the son of such a
one, has consumed the goods of such a one, and that if any person possesses
any effects, whatever belonging to the bankrupt, a full discovery must be
made within one month.
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