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
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
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