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TITLE III.

OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE.

PART IX.

CORRUPTION AND DISOBEDIENCE.

CORRUPTION OF JUDGES OR MEMBERS OF PARLIAMENT. (New).

131. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who

(a) Holding any judicial office, or being a member of Parliament or of a legislature, corruptly accepts or obtains, or agrees to accept, or attempts to obtain for himself or any other person, any money or valuable consideration, office, place, or employment on account of anything already done or omitted, or to be afterwards done or omitted, by him in his judicial capacity, or in his capacity as such member; or

(b) Corruptly gives or offers to any such person, or to any other person, any such bribe as aforesaid on account of any such act or omission.

Not triable at quarter sessions, section 540; no indictment for judicial corruption without the leave of the Attorney-General of Canada, section 544; a common law misdemeanour see R. v. Bunting, 7 O. R. 524.

"In a general code of the criminal law we have thought it right to include the offence of judicial corruption. As no case of the kind has occurred (if we except the prosecutions of Lord Bacon and Lord Macclesfield) it is not surprising that the law on the subject should be somewhat vague."-Imp Comm. Rep.

CORRUPTION OF PEACE OFFICERS, ETC., ETC. (New).

132. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who

(a) Being a justice of the peace, peace officer, or public officer, employed in any capacity for the prosecution or detection or punishment of offenders, corruptly accepts or obtains, or agrees to accept or attempts to obtain for himself, or for any other person, any money or valuable consideration, office, place or employment, with the intent to interfere corruptly with the due administration of justice, or to procure or facilitate the commission of any crime, or to protect from detection or punishment any person having committed or intending to commit any crime; or

(b) Corruptly gives or offers to any such officer as aforesaid any such bribe as aforesaid with any such intent.

"Peace officer" defined, section 3. Not triable at quarter sessions, section 540; a common law misdemeanour; form of indictment for attempt to bribe a constable: Archbold, 869.

FRAUDS UPON THE GOVERNMENT.

133. Every one is guilty of an indictable offence and liable to a fine of not less than one hundred dollars, and not exceeding one thousand dollars, and to imprisonment for a term not exceeding one year and not less than one month, and in default of payment of such fine to imprisonment for a further time not exceeding six months who

(a) Makes any offer, proposal, gift, loan or promise, or who gives or offers any compensation or consideration, directly or indirectly, to any official or person in the employment of the Government, or to any member of his family, or to any person under his control, or for his benefit, with intent to obtain the assistance or influence of such official or person to promote either the procuring of any contract with the Government, for the performance of any work, the doing of any thing, or the furnishing of any goods, effects, food or materials, the execution of any such contract, or the payment of the price, or consideration stipulated therein, or any part thereof, or of any aid or subsidy, payable in respect thereof; or

(b) Being an official or person in the employment of the Government, directly or indirectly, accepts or agrees to accept, or allows to be accepted by any person under his control, or for his benefit, any such offer, proposal, gift, loan, promise, compensation or consideration; or

(c) In the case of tenders being called for by or on behalf of the Government, for the performance of any work, the doing of any thing, or the furnishing of any goods, effects, food or materials, directly or indirectly, by himself or by the agency of any other person on his behalf, with intent to obtain the contract therefor, either for himself or for any other person, proposes to make, or makes, any gift, loan, offer or promise, or offers or gives any consideration or compensation whatsoever to any person tendering for such work or other service, or to any member of his family, or other person for his benefit, to induce such person to withdraw his tender for such work or other service, or to compensate or reward him for having withdrawn such tender; or

(d) In case of so tendering, accepts or receives, directly or indirectly, or permits or allows to be accepted or received by any member of his family, or by any other person under his control, or for his benefit, any such gift, loan, offer, promise, consideration or compensation, as a consideration or reward for withdrawing or for having withdrawn such tender; or

(e) Being an official or employee of the Government, receives, directly or indirectly, whether personally, or by or through any member of his family, or person under his control, or for his benefit, any gift, loan, promise, compensation or consideration whatsoever, either in money or otherwise, from any person whomsoever, for assisting or favouring any individual in the transaction of any business whatsoever with the Government, or who gives or offers any such gift, loan, promise, compensation or consideration; or

(f) By reason of, or under the pretense of, possessing influence with the Government, or with any Minister or official thereof, demands, exacts or receives from any person, any compensation, fee or reward, for procuring from the Government the payment of any claim, or of any portion thereof, or for procuring or furthering the appointment of himself, or of any other person, to any office, place or employment, or for procuring or furthering the obtaining for himself or any other person, of any grant, lease or other benefit from the Government; or offers, promises or pays to such person, under the circumstances and for the causes aforesaid, or any of them, any such compensation, fee or reward; or

(g) Having dealings of any kind with the Government through any department thereof, pays any commission or reward, or within one year before or after such dealings, without the express permission in writing of the head of the department with which such dealings have been had, the proof of which permission shall lie upon him, makes any gift, loan, or promise of any money, matter or thing, to any employee or official of the Government, or to any member of the family of such employee or official, or to any person under his control, or for his benefit; or

(h) Being an employee or official of the Government, demands, exacts or receives, from such person, directly or indirectly, by himself, or by or through any other person for his benefit, or permits or allows any member of his family, or any person under his control, to accept or receive

(i) Any such commission or reward; or

(ii) Within the said period of one year, without the express permission in writing of the head of the department with which such dealings have been had, the proof of which permission shall lie upon him, accepts or receives any such gift, loan or promise; or

(i) Having any contract with the Government for the performance of any work, the doing of anything, or the furnishing of any goods, effects, food or materials, and having or expecting to have any claim or demand against the Government by reason of such contract, either directly or indirectly, by himself or by any person on his behalf, subscribes, furnishes or gives, or promises to subscribe, furnish or give, any money or other valuable consideration for the purpose of promoting the election of any candidate, or of any number, class or party of candidates to a legislature or to Parliament, or with the intent in any way of influencing or affecting the result of a provincial or Dominion election.

2. If the value of the amount or thing paid, offered, given, loaned, promised, received or subscribed, as the case may be, exceeds one thousand dollars, the offender under this section is liable to any fine not exceeding such value.

3. The words "the Government" in this section include the Government of Canada and the Government of any province of Canada, as well as Her Majesty in the right of Canada or of any province thereof. 54-55 V. c. 23, s. 1; 52-53 V. c. 69 (Imp.).

Not triable at quarter sessions, section 540; limitation, two years, section 551. As to indictments for frauds in certain cases, section 616.

CONSEQUENCES OF A CONVICTION.

134. Every person convicted of an offence under the next preceding section shall be incapable of contracting with the Government, or of holding any contract or office with, from, or under it, or of receiving any benefit under any such contract. R. S. C. c. 173, ss. 22, 23; 54-55 V. c. 23, s. 2.

BREACH OF TRUST BY PUBLIC OFFICER. (New).

135. Every public officer is guilty of an indictable offence and liable to five years' imprisonment who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether such fraud or breach of trust would have been criminal or not if committed against a private person.

Not triable at quarter sessions, section 540; fine or sureties, section 958.

"A. an accountant in the office of the paymaster-general, fraudulently omits to make certain entries in his accounts, whereby he enables the cashier to retain large sums of money in his own possession, and to appropriate the interest on such sums to himself after the time when they ought to have been paid to the Crown. A. commits a misdemeanour. 2. A., a commissary-general of stores in the West Indies, makes contracts with B. to supply stores on the condition that B. should divide the profits with A. A. commits a misdemeanour."-Stephen's Cr. L. 121.

No such enactment is to be found in the Imperial Draft Code of 1879, nor in the bill of 1880, though, by the latter, it was proposed to supersede the whole of the common law. And that it was so left out intentionally is evident from the fact that it was provided for in the bill of 1879, s. 71, drafted by Sir James Stephens, who took it from his Digest., Art. 121, from which it has been re-produced verbatim in this code.

The defendant, a government officer, having charge of some public dredging, used his own steam-yacht for the purpose of towing the government's dredges, and also used a storehouse of his own for the purpose of stowing government stores. The steam yacht was registered in the name of one of the defendant's friends, in whose name the accounts for the towing were made out and rendered.

The accounts for the storage were sent to the government in the name of another friend of the defendant. The defendant, whose duty it was to audit these accounts, under s. 42, c. 29, R. S. C., certified them as correct, and received the amounts. It was proved that the services charged for were rendered, and that the prices charged were not higher than what the government would have had to pay to any other person performing the same services; also that some of the defendant's superior officers were informed of his doings in the matter and did not interpose to stop them. Held, upon a reserved case, that the defendant was guilty of misbehaviour in office: R. v. Arnoldi, 23 O. R. 201. See a form of indictment in the report of that case.

CORRUPTION IN MUNICIPAL AFFAIRS.

136. Every one is guilty of an indictable offence and liable to a fine not exceeding one thousand dollars and not less than one hundred dollars, and to imprisonment for a term not exceeding two years and not less than one month, and in default of payment of such fine to imprisonment for a further term not exceeding six months, who directly or indirectly,—

(a) Makes any offer, proposal, gift, loan, promise or agreement to pay or give any money or other material compensation or consideration to any member of a municipal council, whether the same is to inure to his own advantage or to the advantage of any other person, for the purpose of inducing such member either to vote or to abstain from voting, at any meeting of the council of which he is a member or at any meeting of a committee of such council, in favour of or against any measure, motion, resolution or question submitted to such council or committee; or

(6) Makes any offer, proposal, gift, loan, promise or agreement to pay or give any money or other material compensation or consideration to any member or to any officer of a municipal council for the purpose of inducing him to aid in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person; or

(c) Makes any offer, proposal, gift, loan, promise or agreement to pay or give any money or other material compensation or consideration to any officer of a municipal council for the purpose of inducing him to perform or abstain from performing, or to aid in procuring or preventing the performance of, any official act; or

(d) Being a member or officer of a municipal council, accepts or consents to accept any such offer, proposal, gift, loan, promise, agreement, compensation or consideration as is in this section before mentioned; or in consideration thereof, votes or abstains from voting in favour of or against any measure, motion, resolution or question, or performs or abstains from performing any official act; or

CRIM. LAW--6

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