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(4.) 1A, a coroner, refuses to take an inquest on a body, after notice that it is lying dead in his jurisdiction. A commits a misdemeanor.

(5.) 2 A, a constable, wilfully refuses to arrest a person who commits a felony in his presence. A commits a misdemeanor.

(6.) A, a clergyman of the Church of England, refuses to solemnise marriage between persons who might lawfully be married and who tender themselves for that purpose. He commits a misdemeanor.

ARTICLE 123.

REFUSAL TO SERVE AN OFFICE.

4 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.

12 Hale, P. C. 58; and see precedent of indictment, 2 Chit. Crim. Law, 255. 2 Hawk. P. C. p. 129; cf. p. 115.

3 R. v. James, 2 Den. 1. The conviction in this case was quashed on the narrow ground that the parties did not sufficiently tender themselves for marriage. The objection that the offence was only an ecclesiastical one was taken, but no judg ment was delivered on it. A refusal to bury would probably stand on the same footing. By 1 Edw. 6, c. 1, it is enacted that a minister "shall not without lawful cause deny" (the Sacrament) "to any person that will devoutly and humbly desire it." An indictment for such a denial would be incongruous and indecent, but it is difficult to find any definite legal ground for saying that it would not lie. (See Jenkins v. Cook, L. R. 1 P. D. 80).

R. v. Bower, 1 B. & C. 585; and see 5th Report, C. L. C. 41, where many authorities are cited. Also 1 Russ. Cr. 212-13.

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CHAPTER XII.

DISOBEDIENCE TO LAWFUL ORDERS.

ARTICLE 124.

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 125.

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.

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(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 misde

meanor.

(2.) 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 misde

meanor.

1 R. v. Wright, 1 Burr. 543; R. v. Harris, 4 T. R. 205; 5th Report, C. L. C. 43; 2 Hawk. P. C. 289. Draft Code, s. 114.

25th Report, C. L. C. 43; Jones's Case, 2 Moo. 171; R. v. Dale, Dear. 37. Draft Code, s. 115.

3 R. v. Sherlock, L. R. 1 C. C. R. 20.

R. v. Ferrall, 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.

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CHAPTER XIII.

BRIBERY AND CORRUPTION-SALE OF OFFICES.

ARTICLE 126.

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 127.

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.

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ARTICLE 128.

EMBRACERY.

Every one commits the misdemeanor called embracery

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.

25th Report, C. L. C. art. 3. 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, Burr. 2494, see especially 2501.

31 Hawk. P. C. 466; 1 Russ. Cr. 264. It is provided by the Jury Act of 1825, 6 Geo. 4, c. 50, s. 61, that "notwithstanding anything therein contained every person who shall be guilty of the offence of embracery, and every juror who shall be guilty or

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 favourable to the one side than to the other in any judicial proceeding whether any verdict is given or not, and whether such verdict, if given, is true or false.

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ARTICLE 129.

DEFINITION OF BRIBERY OF VOTERS.

1 Every one is guilty of bribery

(a.) Who directly or indirectly by himself or by any other person on his behalf,

2 In order to induce any voter to vote or refrain from voting at any election;

3 or corruptly on account of such voter's having voted or refrained from voting at any election;

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or in order to induce any person to procure or endeavour to procure the return of any person at any election, or the vote of any voter at any election,

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(i.) Gives, lends, or agrees to give or lend, or offers or promises, or promises to procure or to endeavour to procure any money or valuable consideration to or for any person what

ever:

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(ii.) Gives or procures, or agrees to give or procure, or offers or promises, or promises to procure or to endeavour to procure any office, place, or employment to or for any person whatever; or

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(b.) Who in consequence of any such gift, loan, offer,

corruptly consent thereto," shall be liable to be proceeded against, and punished as before the Act. I do not know what was the reason for this section. See Draft Code, s. 129.

1 17 & 18 Vict. c. 102, s. 2.

2 Ibid. (1), (2).

3 Ibid. (1), (2).

♦ Ibid. (3).

5 Ibid. (1), (2).

"Any person" any voter, or to or for any person on behalf of any voter,

or to or for any other person.

717 & 18 Vict. c. 102, s. 2 (1), (2).

8 Sect. 2 (4).

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promise, procurement, or engagement, procures or engages, promises or endeavours to procure the return of any person in any election or the vote of any voter at any election; or (c.) 1 Who advances or pays or causes to be paid any money to, or to the use of any other person, with the intent that such money or any part thereof shall be expended in bribery at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election; or

(d.) 2 Who being a voter before or during any election directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place, or employment for himself or for any other person for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election; or

(e.) 3 Who after any election directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or to refrain from voting.

Nothing in clauses (a.), (b.), or (c.) extends to any money paid or agreed to be paid for or on account of any legal expenses bona fide incurred at, or concerning any election.

ARTICLE 130.

DEFINITION OF UNDUE INFLUENCE.

Every one commits the offence of undue influence (a.) Who directly or indirectly by himself or by any other person on his behalf makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens the infliction by himself or by or through any other person of any injury, damage, harm, or loss, or in any other manner

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