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ARTICLE 160.

REVENUE OFFICERS COMMITTING CORRUPT ACTS.

Every officer, or person acting in any office or employment connected with the collection or management of the revenue, is guilty of a misdemeanor and liable to a fine of five hundred dollars and to one year's imprisonment and to be dismissed from office 2 who

(a.) receives any compensation or reward for the performance of any official duty, except as by law prescribed,

or;

(b.) conspires or colludes with any other person to defraud the crown, or makes opportunity for any person to defraud the crown; or

(c.) designedly permits any violation of the law by any other person; or

(d.) wilfully makes or signs any false entry in any book, or wilfully makes or signs any false certificate or return in any case, in which it is his duty to make an entry, certificate or return; or

(e.) having knowledge or information of the violation of any revenue law by any person, or of fraud committed by any person against the crown, under any revenue law of Canada, fails to report in writing, such knowledge or information to his next superior officer; or

(f.) demands or accepts or attempts to collect, directly or indirectly as payment or gift or otherwise, any sum of money, or other thing of value, for the compromise, adjustment or settlement of any charge or complaint for any violation or alleged violation of law, except as expressly authorized to do by law, or by the authority of the department of which he is an officer.

1 R. S. C. c. 29, s. 69.

2" Shall be dismissed from office."

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ARTICLE 161.

CORRUPTION OF REVENUE OFFICERS.

Every one who, directly or indirectly, promises, offers or gives, or causes or procures to be promised, offered or given, any money, goods, right in action, bribe, present or reward, or any promise, contract, undertaking, obligation or security for the payment or delivery of any money, goods, right in action, bribe, present or reward, or any other valuable thing whatever, to any officer, or any person acting in any office or employment connected with the collection or management of the revenue with intent

(a.) to influence his decision or action on any question or matter which is then pending, or may, by law, be brought before him in his official capacity; or

(b.) to influence such officer or person to commit, or aid or abet in committing any fraud on the revenue, or to connive at, collude in, or allow or permit any opportunity for the commission of any such fraud; and,

Every officer or person who in anywise accepts or receives any such moneys, goods, right in action, bribe, present or reward, or any promise, contract, undertaking, obligation or security for the payment or delivery thereof, or any other valuable thing whatever, or any part of the same respectively,

Is guilty of a misdemeanor, and liable to a fine not exceeding three times the amount so offered or accepted, and to imprisonment for one year.

Every officer or person holding any office or place under the crown who is convicted of any such offence forfeits his office or place.

Every person who is convicted of any such offence is for ever disqualified to hold any office of trust, honor or profit under the crown.

1 R. S. C. c. 29, s. 70.

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ARTICLE 162.

CUSTOMS OFFICERS COMMITTING CORRUPT ACTS.

Every officer of the Customs, and every person employed, with the concurrence of the Minister of Customs, for the prevention of smuggling, who

(a.) makes any collusive seizure, or delivers up, or makes any agreement to deliver up or not to seize any vessel, boat, carriage, goods or thing liable to forfeiture under the Customs Act; or

(b.) takes or accepts a promise of any bribe, gratuity, recompense or reward for the neglect or non-performance of his duty,

Is guilty of a misdemeanor, and liable to a fine of five hundred dollars, and to imprisonment for a term not exceeding two years and not less than three months, and becomes incapable of serving Her Majesty in any office whatsoever.

ARTICLE 163.

CORRUPTION OF CUSTOMS OFFICERS.

2 Every one is guilty of a misdemeanor, and liable to a fine of five hundred dollars, and to imprisonment for a term not exceeding two years, and not less than three months, who gives, offers or promises to give or procure to be given, any bribe, recompense or reward to, or makes any collusive agreement with, any such officer or person as aforesaid, to induce him in any way to neglect his duty, or to conceal or connive at any act whereby the provisions of any law relating to the customs, trade or navigation, may be evaded.

1 R. S. C. c. 32, s. 221. It will be observed that officers of the Customs are Revenue officers and both are persons in the employment of the Government of Canada. It is very doubtful if the elaborate provisions represented by Articles 157-163 have ever been found more effective for the punishment of the class of offenders against whom they are directed than the common law as given in Articles 149, 156.

2 R. S. C. c. 32, s. 221.

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ARTICLE 164.

CORRUPT PRACTICES IN MUNICIPAL AFFAIRS.

Every one is guilty of a misdemeanor 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 enure 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 favor of or against any measure, motion, resolution, or question submitted to such council or committee; or

(b.) 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 favor of any person whomsoever; 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

152 Vict. (D.) c. 42. The time within which a prosecution may be commenced for any offence defined in this Article is limited to two years; (s. 3.)

2 The expression" municipal council includes the municipal governing body of every county, union of counties, township, city, town, village, parish and municipality, having corporate powers in any Province of Canada.

abstain from performing, or to aid in procuring or preventing the performance of any official act whatsoever; 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 Article before mentioned; or in consideration thereof, votes or abstains from voting in favor of or against any measure, motion, resolution or question or performs or abstains from performing any official act; or

(e.) attempts by any threat, deceit, suppression of the truth or other unlawful means to influence any member of a municipal council in giving or witholding his vote in favor of or against any measure, motion, resolution or question, or in not attending any meeting of the municipal council of which he is a member, or of any committee thereof; or

(f) attempts by any such means as in the next preceding paragraph mentioned, to influence any member or any officer of a municipal council to aid in procuring or preventing the passing of any vote or the granting of any contract or advantage in favor of any person whomsoever, or to perform or abstain from performing or to aid in procuring or preventing the performance of any official act whatsoever.

1 ARTICLE 165.

EMBRACERY.

[2 Every one commits a misdemeanor called embracery] and is liable to fine and imprisonment 3 [who by any means whatever except the production of evidence and argument in open court attempts to influence or instruct any juryman, or to incline him to be more favorable to the one side than to the other in any judicial proceeding,

1 S. D. Art. 128.

2 [1 Hawk. P. C. 466; 1 Russ. Cr. 360.] R. S. C. c. 173, s. 30. R. v. Cornellier, 29 L. C. J. 69.

3 See Arts. 17 and 12. [See Draft Code, s. 129.]