Especially if they have children. Ad abroad & their children seem to have the full rights of the children of the wife, but the broad difference remains that the concubine is simply bought and may be sold, and the 2nd wives mainly kept, while the wife is not saleable, at least among respectable people, once she is married.
Bigamy at Penang does not help much. Reports of trial (num?) in Penang Gazette of (date?) & (date?) as the judge did not admit the validity as evidence of the Chinese Law Books, tendered by the Prosecution, and holding that the onus of proof was on the Prosecution, directed the Jury to return a verdict of not guilty.
It is to be noticed that S.4?? of the Straits Penal Code, under which the Penang Trial was raised, seems to be worded so as to allow bigamy where that practice is permitted by the peculiar laws of a man's religion; but it seems to me that s. 52 of Ord. 4 of 1865 prohibits bigamy in every case, except where the former marriage was contracted outside the Colony by an alien, and there is no law (e.g., Hindu or Muhammadan law) which permits plurality of wives.
I take it, therefore, that part of the section of this new Ordinance to read along with s.52 Ord. 4 of 1865 can only mean that carnal connection with a concubine (or 2nd wife) under the age of 16 is a misdemeanour.
If the section is left as it stands, it will not be in the S. of State's (or anyone else's) power to give a declaration (as this Patatine asks) that persons who take concubines under 16 years of age shall not be law-breakers - nor do I think we can give any assurance that it is not the intention of the Government to prosecute persons for taking concubines under that age.
On the whole, I think there is no sufficient reason to alter this section, and that there is little hardship in making the Chinese select somewhat older concubines. (It will be only a matter of a year or so, as they are not often taken below 15.) Sir ... Russell told me just before he left England that he thought it would not be a grave hardship.
Especially if they
have
children
Ad Babroad & their children seem to have the full rights of the children
Hi Hain
of the wife, but the broad difference spsschung.
remains that the concubine is
Simply bought and may
be sold
Sand the 2 4th wives manly kun
while the wife is not a saleable are marri at least among
again,
when once she is marrici
beingi
respectable
tan der
t
a
different
Cam Bigame at Penang does not
help
custom at gether" /HE Daih Press,
much face Reports of Irial num)
in Panang Gazette of lamp. & 19 any.) as the judge did not admit the validit as widence of the Chinese Law Books, tendered by the Prosecution
and
holding
wan an
that the
of proof
the Prosecution, directed the
Jury to retum a verdict of not guilty-
It is to be noticed that S.4gh of the Straits Penal Code,
Penary Trial was
a
which the
5
raised, seems
be worded so as to allow bigamy
Stoke
this
4.err
tical
Indian Pend
where that practice is permitted code experi
by the peculiar laws of
notes that it
a man's religion;
Loves us the
but it seems to me that s. 52 of. Haughing apply tha
Ord. 49 1865 prohibits bigamy in
wery
Usxcept
case
A
en there the team marringer
contracted gitside the Colony by an alien,
I there is no
Hunda
Muhamm
man
Funce
Hann laut
permits pluralit
loopholeption in favour of quives
A
any polygamous peoples - whether
Muhammedans
Chines 185 I take it, therefor to then has the that part from and
alstrare
of the section of this new Htting Ord to read along with 1.52 Ord. 4 of 1865 can only
that carnal connection with
concubine (or 2nd wife) under the ap
& if ther 16 in misdemeanours,
OL
section is left as it stands, it will not be in the S. of State's (or any an
clear
Else's) power to give
declaration (as this Patatine asker,
that persons who take concubines under 16 years of age
shall not
be law breakers - nor do I think absolute
we can give
There is nothipers that a
Apresent thes thing one if it,
Exprich Esh
assurance that it is not then
intention
f
the fovernment to prosecute person for taking cmcubines under that age.
On the whole I think there to alter
is no
sufficient
this section
verz
& that there in
little hardship in making the Chinese select somewhat older concubines. (It
lee 5
be only
a matter of a year or so, taken are not often since they below 15.) Sie ). Russell told me just before he left England that The thought it would not be a grave winter great hardshich
No comments yet.
Private notes are available after approval.