ellows are always ready to undertake for a small remuneration the
conduct of cases, in so far as they are able to do this by the
preparation of skilfully-worded petitions or counter-petitions, and by
otherwise giving their advice. Of course they do not appear in court,
for their very existence is forbidden, but their services are largely
availed of by the people, especially the poor and ignorant. At the
trial, prosecutor and accused must each manage his own case, the
magistrate himself doing all the cross-examination. We say
_prosecutor_ and _accused_ advisedly, for as a matter of fact civil
cases are rare in China, such questions as arise in the way of trade
being almost invariably referred to some leading guild, whose
arbitration is accepted without appeal. Now, we know of no such book
as "Laws of Evidence" in the whole range of Chinese literature; yet we
believe firmly that the intellects which adorn our own bench are not
more keen in discriminating truth from falsehood, and detecting at a
glance the corrupt witness, than the semi-civilised native functionary
--that is, when no silver influences have been brought to bear upon
his judgment. The Chinese have a penal code which, allowing for the
difference in national customs and habits of thought, stands almost
unrivalled; and with this solitary work their legal literature begins
and ends. It is regarded by the people as an inspired book, though few
know much beyond the title, and seems to answer its purpose well.

[*] Civil law.

But inasmuch as in China as elsewhere _summum jus_ is not infrequently
_summa injuria_, a clever magistrate never hesitates to set aside law
or custom, and deal out Solomonic justice with an unsparing hand,
provided always he can shew that his course is one which _reason_
infallibly dictates. Such an officer wins golden opinions from the
people, and his departure from the neighbourhood is usually signalised
by the presentation of the much-coveted testimonial umbrella. In the
reign of the last Emperor but one, less than twenty years ago, there
was an official of this stamp employed as "second Prefect" in the
department of Han-yang. Many and wonderful are the stories told of his
unerring acumen, and his memory is still fondly cherished by all who
knew him in his days of power. We will quote one from among numerous
traditions of his genius which have survived to the present day.

A poor man, passing through one of the back thoroughfares in