Village Life in China: A Study in SociologySmith, Arthur H.
General
Village Life in China: A Study in Sociology
Smith, Arthur H.
China -- Social life and customs; Villages
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.
Public-domain text, read in full here on John Shaqi.
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