Further offences. Disqualifica of the withdrawal of a candidate at an election for the purpose of promoting or procuring the election of another candidate (r). There are other offences, such as the illegal payment of money for other than the allowable expenses, the employment of carriages, horses, &c., corrupt withdrawal from a candidature (s). These are also punishable on summary conviction by a fine not exceeding £100 (t). Proceedings on the above offences must be commenced within a year from the time of the offence committed, or within three months after the report by Election Commissioners is made where the inquiry before such Commissioners is commenced within one year after the offence is committed (u). Certain disqualifications also attach to candidates and tions attaching others who have been found guilty of bribery, corrupt to those guilty of bribery, &c. practice, &c. For instance, if any corrupt practice other than treating or undue influence has been proved to have been committed in reference to such election by or with the knowledge and consent of any candidate at such election, or if any treating or undue influence has been committed by any candidate at an election, such candidate shall never be elected to or sit in the House of Commons for the same constituency; and if a candidate is guilty of any corrupt practice by agents, he is incapacitated for seven years from being elected to or sitting in the House of Commons for the same constituency (w). If a voter is guilty of any corrupt practice, he is incapacitated for seven years from being elected to the House of Commons, or from being registered as an elector or voting (r) 46 & 47 Vict. c. 51, s. 6. (u) Ibid. s. 51. (w) Ibid. ss. 4 and 5. at an election, or from holding any public or judicial office (x). If any illegal practice has been committed by or with the knowledge and consent of a candidate. he cannot be elected to the House of Commons for the same constituency for seven years; and if he has been guilty of illegal practice by his agents he is incapable of being elected to the House of Commons during that Parliament (y). If a voter has been guilty of illegal practice, he is for five years incapacitated from being registered as an elector or voting at an election or holding a public office within the same constituency (2). As to municipal elections.-Any person who is guilty of a corrupt practice at such an election is liable to the like actions, prosecutions, penalties, forfeitures, and punishments, as if the corrupt practices had been committed at a parliamentary election (a). EMBRACERY, ETC. Embracery is an attempt to influence a jury cor- Embracery. ruptly to give a verdict in favour of one side or party, by promises, persuasions, entreaties, money, entertainments, and the like. Thus it appears to be a particular kind of bribery. A juryman himself may be guilty of this offence by corruptly endeavouring to bring over his fellows to his view. The offence is a misdemeanor, both in the person making the attempt, and also in those of the jury who consent. The punishment-both at common law and by statute-is fine and imprisonment (b). There are certain other acts interfering with the free Other offences administration of justice at a trial, which are considered preventing a (x) 46 & 47 Vict. c. 51, s. 6. (y) Ibid. s. II. (2) Ibid. s. 10. (a) 45 & 46 Vict. c. 50, ss. 77-80. (b) 6 Geo. 3, c. 50, s. 61. fair trial. as high misprisions and contempts, and are punishable by fine and imprisonment. Such are the following: Intimidating the parties or witnesses. Endeavouring to dissuade a witness from giving evidence, though it be without success. Advising a prisoner to stand mute. Assaulting or threatening an opponent for suing him; a counsel or attorney for being employed against him; a juror for his verdict; a gaoler or other ministerial officer for what he does in the discharge of his duty. For one of the grand jury to disclose to the prisoner the evidence against him. There are three offences, somewhat liable to confusion, which consist in an unlawful interference in another's suit, or in stirring up such suits : Common Barratry; Maintenance; Champerty. Common barratry. COMMON BARRATRY. The offence of frequently inciting and stirring up suits and quarrels between Her Majesty's subjects, either at law or otherwise (c). It is insufficient to prove a single act, inasmuch as it is of the essence of the offence that the offender should be a common barrator. Of course it is no crime for a man frequently to bring actions in his own right, though he be unsuccessful, unless they are purely groundless and vexatious. The offence is a misdemeanor, punishable by fine (c) 4 Bl. 134. and imprisonment. If the offender is connected with the legal profession, he is disabled from practising for the future. If, having been convicted of this offence, he afterwards practises, the court may inquire into the matter in a summary way; and on the subsequent practising being proved, the offender may be sentenced to penal servitude to the extent of seven years (d). of fictitious Another offence of a like nature may be noticed, Suing in nam namely, suing in the name of a fictitious plaintiff. If plaintiff. committed in the superior courts it is a high contempt, punishable at their discretion. If in the inferior courts, it is punished by imprisonment for six months, and treble damages to the person injured (e). MAINTENANCE. The officious intermeddling in a suit that in no way Maintenance. belongs to one, by maintaining or assisting either party with money or otherwise, to prosecute or defend it (f). It is a misdemeanor punishable by fine and imprisonment (g). It has been declared to be maintenance to bear the whole or part of the expenses of the suit for another, or to retain a solicitor or counsel for him. But acts of this kind are justifiable in respect of an interest in the thing in variance, as that of a reversioner; of kindred or affinity; of other relations, e.g., landlord and tenant, master and servant; of charity, e.g., to enable a poor man to carry on his suit; of the profession of the law, e.g., to act as counsel or solicitor. And it may (d) 12 Geo. I, c. 29, s. 4, made perpetual. (e) 8 Eliz. c. 2. (f) 1 Hawk. c. 83, s. 23. (9) This maintenance is sometimes termed curalis, to distinguish it from another species-ruralis, which latter consists in assisting another to his pretensions to lands, or holding them for him by force or subtility, or stirring up quarrels or suits in the county, in relation to matters wherein he is no way concerned. (Bac. Abr.) This seems to approach the crime of barratry. G Champerty. be said generally, that the courts would be very loth at the present day to declare an act of this kind to be an offence criminally indictable, unless some corrupt motive were manifestly present. This remark also applies to the next offence. CHAMPERTY. Champerty is a species of maintenance. The distinguishing feature is, that the bargain is made with the plaintiff or defendant campum partire, that is, in the event of success to divide the land or other subjectmatter of the suit with the champertor in consideration of his carrying on the party's suit at his own expense. Thus it has been held punishable as champerty to communicate such information as will enable a party to recover a sum of money by action, and to exert influence in procuring evidence to substantiate the claim, upon condition of receiving a portion of the sum recovered (h). Mere forbear ance to prose COMPOUNDING OFFENCES. A private individual is not obliged to set the law cute, no crime. in motion for the prosecution of a criminal, though, as we shall see, he is punishable for the concealment of treason or felony (i). Thus, merely to forbear to prosecute is no offence; there is wanting something else to constitute a crime, and this essential is the taking some reward or advantage. Compounding felony. Under this title we shall treat of compounding (a) felonies; (b) misdemeanors; (c) informations on penal statutes; noticing also the offence of taking rewards for helping to recover stolen goods. (a.) Compounding felony, or forbearing to prosecute (h) Stanley v. Jones, 7 Bing. 369. |