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ARTICLE 130.

OFFENCES BY A SHERIFF, &c.

1 Any person being a sheriff, under-sheriff, bailiff or officer of a sheriff, whether within a franchise or without is guilty of a misdemeanor and liable to imprisonment not exceeding and to pay a fine or if he has not wherewith to pay, to imprisonment for not exceeding three years, who (a.) refuses to arrest any felon in his bailiwick; or

one year,

(b.) is guilty of an offence against or breach of, the provisions of the Sheriffs' Act, 1887.

ARTICLE 131.

OFFENCES BY A CORONER.

2 A coroner is guilty of misdemeanor, and in addition to any other punishment may be removed from his office, unless it is annexed to any other office, who is guilty of extortion, or of corruption, or of wilful neglect, or 3 misbehaviour in the discharge of his duty.

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ARTICLE 132.

OFFENCES BY INLAND REVENUE OFFICERS, &C.

Any person is guilty of a misdemeanor and on conviction forfeits his office or employment, and is incapable of ever holding any office or employment in or relating to the Excise, who

being a collector, or any person appointed to be an officer and employed in relation to duties of excise deals or

150 & 51 Vict. c. 55, s. 29, (1) and see Art. Escape, post. 250 & 51 Vict. c. 71, s. 8.

3 A coroner who by himself or his partner acts for or against any person tried on inquisition or indictment for an offence for which the person is charged on an inquisition taken before him, or a coroner who does not comply with a written requisition of his jury to summon a medical practitioner as a witness or to direct a post-mortem examination to be taken, is guilty of misbehaviour in discharge of his duty; Ibid. ss. 10, 21 (3). 53 & 54 Vict. c. 21, s. 7.

trades in any goods subject to any such duty, or carries on or is concerned in any trade or business subject to any law of excise.

1 Any person is guilty of a misdemeanor and on conviction is incapable of ever holding any office under the Crown who

being a collector or other person intrusted with the collection, receipt, or custody of inland revenue, neglects or omits to keep and render accounts in the prescribed manner and form of all sums of money collected or received by him or intrusted to his care.

ARTICLE 133.

REFUSAL TO SERVE AN OFFICE.

2 Every one commits a misdemeanor who unlawfully refuses or omits to take upon himself and serve any public office which he is by law required to accept if duly appointed; but this Article does not extend to cases in which any other penalty is imposed by law for such refusal or neglect, or to any case in which by law or by custom any person is permitted to make any composition in place of serving any office.

Illustration.

A person may be indicted for refusing to exercise the office of overseer of the poor or parish constable.

1 53 & 54 Vict. c. 21, s. 14. 2 R. v. Bower, 1823, 1 B. & C. where many authorities are cited.

585; and see 5th Report, C. L. C. 41, Also 1 Russ. Cr. 307-308.

CHAPTER XII

DISOBEDIENCE TO LAWFUL ORDERS

ARTICLE 134.

DISOBEDIENCE TO A STATUTE.

1 EVERY one commits a misdemeanor who wilfully disobeys any statute of the realm by doing any act which it forbids, or by omitting to do any act which it requires to be done, and which concerns the public or any part of the public, unless it appears from the statute that it was the intention of the Legislature to provide some other penalty for such disobedience.

ARTICLE 135.

DISOBEDIENCE TO LAWFUL ORDERS OF COURT, &C.

2 Every one commits a misdemeanor who disobeys any order warrant, or command duly made, issued, or given by any, court, officer, or person acting in any public capacity and duly authorized in that behalf, unless any other penalty or mode of proceeding is expressly prescribed in respect of such disobedience.

Illustrations.

(1.) A refuses to assist a constable in the execution of his duty when lawfully called upon by the constable to do so. A commits a misdemeanor.

1 R. v. Wright, 1758, 1 Burr. 543; R. v. Harris, 1791, 4 T. R. 202; 5th Report, C. L. C. 43.; 2 Hawk. P. C. 289. Draft Code, s. 114.

2 5th Report, C. L C. 43; Jones's Case, 1840, 2 Moo. 171; R. v. Dale, 1852, D. & P. 37, Draft Code, s. 115.

3 R. v. Sherlock, 1866, 1 C. C. R. 20, and R. v. Brown, 1841, Car. and M. 314. In the latter case it was laid down that in order to

(2.) 1 A refuses to pay money for the support of his bastard child which he has been ordered to pay by the Quarter Sessions. A commits a misdemeanor.

constitute this offence it is necessary that the constable should see a breach of the peace committed, that there should be a reasonable necessity for his calling upon other persons for assistance, and that the person called on should be suffering from no physical impossibility to obey, and should have no lawful excuse for disobedience: see too R. v. Phelps, 1841, Car. & M. 180.

1 R. v. Ferrall, 1850, 2 Den. 51. In this case Pollock, C.B., asked how it would be if the man could not pay? and whether a refusal to pay a fine is indictable. The answer would seem to be that it is. Imprisonment on such an indictment would only be a roundabout way of doing what is commonly done in cases of fine, viz. inflicting an alternative term of imprisonment. Whether a man is sentenced to be fined £100 and to be imprisoned in default of payment, or to be imprisoned because he has not obeyed the order of the Court to pay a fine of £100, is rather a matter of form than anything else.

CHAPTER XIII

BRIBERY AND CORRUPTION-SALE OF OFFICES

ARTICLE 136.

JUDICIAL CORRUPTION.

1 EVERY one who gives or offers to any person holding any judicial office, and every person holding any judicial office who accepts any bribe, commits a misdemeanor.

Every gift or payment made in respect of or in relation to any business having been, being, or about to be transacted before any such person in his office is a bribe, whether it is given in order to influence the judicial officer in something to be done, or to reward him for something already done, and whether the thing done or to be done is itself proper or improper.

ARTICLE 137.

CORRUPTION OF OTHER PUBLIC OFFICERS.

2 Every one commits a misdemeanor who by any means endeavours to force, persuade, or induce any public officer not being a judicial officer to do or omit to do any act which the offender knows to be a violation of such officer's official duty.

13 Inst. 144-8; 1 Hawk. P. C. 414-15; 5th Rep. C. L. C. p. 20-1. See, too, Spedding's Life of Bacon, vii. 209-78. The crime is so rare that the definition is very imperfect and more or less conjectural. See 3 Hist. Cr. Law, 250-5; Draft Code, s. 111.

2 5th Report, C. L. C. "offences against the Executive Power" art. 35, p. 47. Many authorities are cited, and in particular the chapters of the 3rd Inst. and Hawkins referred to in the last note; also R. v. Vaughan, 1769, Burr. 2494, see especially 2501, and see R. v. Lancaster, 1890, 16 Cox, 737.

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