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24.(5)
s molimo!
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(a)
to tats.
:i
is the natural born child of Ng Mui. In other words Ng Mui is legally vested with the patria potestas over the child and is able legally to confer the potestas on another.
The deed then goes on to set forth various negative averments, which if true would render Ng Mui incepable of transferring any
power whatever.
Had the child been kidnapped or obtained possession of in some unknown manner which did not amount to kidnapping, Ng Mui would have no legal right over the child, and obviously could not transfer what he himself did not possess. Had the child been betrothed then she would be under obligations to another family and Ng Mui could not legally disregard this obligation. Pledging women or children for debt is an offense under Chinese
Law. It will be seen that the effect of these words is that Ng Mui makes a definite statement that he is legally vested with the patria potestas, and then goes on to disclaim specifically four distinct facts, which if they existed, would cause the
transfer to be mull and void.
(e). The three parties are of course, the parents, the middle
woman, and the presentee.
(f). The name of a mui tsai is invariably altered after presentation. The reason is that only children of the very poor
and unfortunate ever do become mui tsai. It is believed that if
the child retained its original name some of the poverty and
misfortune which had befallen her original family might adhere
to her name and be transferred to the new family.
(g). The two characters used mean "to use as a servant“.
I should be prepared to argue and I belive any Court whether
Chinese or British, would uphold the argument, that any other
employment of a mui tsai wes illegal and entirely contrary to
the terms of the deed.
(h). This is a polite phrase meaning accidental death. Chinese
do not like mentioning things like death and disaster in deeds
or letters. A Chinese expert tells me that hills are the
highest