"This fên-shu is made under the authority of Yü Ts'ung Shih.[92] There are three sons, of whom the second, Shu-yen, has been 'adopted out' to another branch of the family.[93] The following division of property is made between the eldest son Shu-tung and the third son Shu-shan. The division is necessary because the families of Shu-tung and Shu-shan have become so large that it is no longer convenient for them all to live together. With the knowledge and assent of their relatives they have drawn lots for the division of the property, and the result is as follows: Shu-tung's share is the plot of land ...; Shu-shan's share is the family house, consisting of the three-roomed central building and two side-buildings of two rooms each, together with the garden and fields bounded.... This deed is made out in duplicate, in order that Shu-tung and Shu-shan may each possess an original and hold it as his just title to the property allotted to him. This deed is drawn up and attested by the clan-members so that none of the parties concerned may hereafter go back on the division of property herein described. If any one raises any complaint hereafter, let him be sent to the magistrate in order that he may receive punishment for the crime of want of filial piety (pu hsiao)."
Then follow the names of a number of attesting and assenting relatives, the name of the writer of the deed, and the date. Simultaneously a second deed, called a ch'u tan or Reservation of Yang-lao-ti, is very often drawn up in such terms as these:
"This ch'u tan is executed by Yü T'sung Shih. Inasmuch as her three sons have set up separate establishments, and one of them, namely her second son Shu-yen, has been adopted by another branch of the family, Yü Ts'ung Shih, with the knowledge and assent of the elders and relatives of the family, reserves to her own use that house situated ... and that piece of land measuring ..., for the purpose of providing for her support during life and for her burial expenses after death.[94] All that remains of this property after these charges have been met is to be equally divided between the first and third sons T'sung Shu-tung and Ts'ung Shu-shan. The second son, Ts'ung Shu-yen, has no share in or right to any portion of this property, as he cannot carry the family property away with him when he is 'adopted out.'[95] Lest there should be no proof of this transaction hereafter, this deed is drawn up and attested, and is to be preserved for future reference."
It will be seen from the first of these two documents that a method of dividing real property among brothers is the drawing of lots (nien chu or chiu fên). There is no system of primogeniture: all the brothers receive share and share alike. The process of lot-drawing is a very simple one. The family-in-council begins by dividing the property into a number of shares corresponding with the number of the beneficiaries. The shares are approximately equal in value: one may include the family dwelling-house and a small area of arable land; another share, containing no house, will comprise a larger area of land; and so forth. Descriptions of all the shares are written on separate pieces of paper, which are folded up or twisted into little bundles and thrown together in a heap. The second, third and fourth brothers, and so on down to the youngest, draw lots, each in the order of seniority; the sole remaining lot is thus left to the eldest brother. Each must be content with the piece of land, or the house, or the vegetable garden, as the case may be, which is inscribed on his lot, though friendly exchanges are of course permissible. The eldest brother is so far from having a claim to a larger or better share than the rest that, as we see, he is not even entitled to draw the first lot: probably, indeed, it is to emphasise the principle of share and share alike that custom requires him to take the lot that is left to the last. The drawing of lots is not resorted to in cases where the shares are all equal and there are no preferences.
If as a result of repeated subdivisions the family property has become so small that there is not enough to "go round," or the family is so large that an equal division would leave each with too little for his support, the usual arrangement is for the entire property to be mortgaged or sold to the nearest relatives who are willing to buy. The cash proceeds are then divided equally among the brothers, who separate to seek their fortunes, each according to his bent. One may emigrate to Manchuria, or join his numerous fellow-provincials in the capital, another may set up a shop in the neighbouring market-village, a third may wander off to one of the great commercial ports on the coast, and seek employment under foreigners. The unsuccessful ones may possibly never be heard of again; the successful ones will probably return after many days to their native village and re-purchase or redeem the old family property.
The remarkable increase in the value of agricultural land that has taken place in the Weihaiwei Territory during the past few years is a pleasant symptom of the advancing prosperity of the people. The fact must be admitted, however, that the increase is to a considerable extent due to their economic backwardness. There is a serious want of local means for the satisfactory investment of capital. To purchase land is to the great mass of the population the only safe way in which savings or profits can be employed. The consequence is that the land has now acquired a somewhat fictitious value, a fact which may come prominently into view if the people should be visited by some calamity such as a succession of bad harvests.