Such orders tion to the Treasury. ing the same to have been stolen, such court shall have power to order compensation to such person in the same manner as the other courts hereinbefore mentioned: provided always, that nothing herein contained shall prevent any of the said courts from also allowing to any such persons, if prosecutors or witnesses, such costs, expenses, and compensation, as courts are by this act empowered to allow to prosecutors and witnesses respectively. XXIX. And be it further enacted, that every order for to be paid payment to any person in respect of such apprehension as by the sheriff, who aforesaid, shall be forthwith made out and delivered by the may obtain proper officer of the court unto such person, upon being paid immediate for the same the sum of five shillings, and no more; and the repayment sheriff of the county, for the time being, is hereby authorized on applica- and required, upon sight of such order, forthwith to pay to such person, or to any one duly authorized on his or her behalf, the money in such order mentioned; and every such sheriff may immediately apply for repayment of the same to the commissioners of his Majesty's treasury, who, upon inspecting such order, together with the acquittance of the person entitled to receive the money thereon, shall forthwith order repayment to the sheriff of the money so by him paid, without any fee or reward whatsoever. tain offen. ders, the court may order com pensation to his family. If any man XXX. And be it further enacted, that if any man shall is killed in happen to be killed in endeavouring to apprehend any perattempting son who shall be charged with any of the offences hereinto take cer- before last mentioned, it shall be lawful for the court before whom such person shall be tried, to order the sheriff of the county to pay to the widow of the man so killed, in case he shall have been married, or to his child or children, in case his wife shall be dead, or to his father or mother in case he shall have left neither wife nor child, such sum of money as to the court, in its discretion, shall seem meet; and the order for payment of such money shall be made out and delivered by the proper officer of the court, unto the party entitled to receive the same, or unto some one on his or her behalf, to be named in such order by the direction of the court; and every such order shall be paid by and repaid to the sheriff in the manner hereinbefore mentioned. Note.-Pecuniary rewards for discovering and apprehending certain offenders, were given by 4 W. & M. c. 8; 6 & 7 W. 3, c. 17; 10 & 11 W. 3, c. 23; 5 Anne, c. 31; 14 Geo. 2, c. 6; 15 Geo. 2, c. 28. But these acts are repealed by 58 COMPOUNDING OFFENCES. 18 Eliz. c. 5. No informer III. Be it enacted, that no such informer (that is in shall com by consent former upon a penal statute) or plaintiff, shall or may com- pound with pound or agree with any person or persons, that shall offend, the deor shall be surmised to offend, against any penal statute fendant, but for such offence committed, or pretended to be committed, of the court. but after answer made in court unto the information or suit in that behalf exhibited or prosecuted; nor after answer, but by the order or consent of the court in which the same information or suit shall be depending; upon the pains and penalties hereafter in this present act set down and declared. misbe. &c. IV. And be it also enacted, that if any person or persons The punish(except the clerks of the court only, for making out of ment of an process otherwise than is above appointed) shall offend in informer suing out of process, making of composition, or other mis- having himdemeanor, contrary to the true intent and meaning of this self in the statute, or shall, by colour or pretence of process, or with- prosecution out process, upon colour or pretence of any matter of of- of his suit, fence against any penal law, make any composition, or take any money, reward, or promise of reward, for himself, or to the use of any other, without order or consent of some of her majesty's courts at Westminster, that then he or they so offending, being thereof lawfully convicted, (shall stand on the pillory in some market-town next adjoining where the same offence shall be committed, in the open market time, and there remain by the space of two hours; and) shall, from and after such conviction, for ever be disabled to pursue, or be plaintiff or informer in, any suit or information upon any statute, popular or penal; and shall also for every such offence forfeit and lose ten pounds of lawful English money, the one half thereof to the queen's majesty, her heirs and successors, and the other half to the party grieved thereby, to be recovered in any court of record, by action of debt or information; in which no essoin, protection, injunction, or wager of law, shall be permitted or allowed; and that the justices of oyer and What justerminer, justices of assize in their circuits, and justices of tices may peace in their quarter sessions, shall have full power and hear and authority to hear and determine all offences to be com- these ofmitted or done contrary to the true intent and meaning of fences. this present act. Note. The italic words in the 4th section which are included between brackets, are virtually repealed, the punishment of the pillory being abolished. In R. v. Crisp, 1 B. & d. 286, it was decided that this statute does not extend to cases, cognizable only before a magistrate. The following are the words of Lord Ellenborough: "The three first sections apply emphati determine cally, and the fourth, by fair intendment, to proceedings before the inferior courts at Westminster; as to the fourth, the order or consent of the court must be of that court out of which the process has issued; and the words, colour or pretence of process,' must relate to a case where process might issue, and be depending. In cases cognizable only before a magistrate, there can be no process depending; for the word process has a definite meaning annexed to it, and does not apply to such cases. The word composition, in the fourth section, must also mean such composition as might be lawfully made by the consent of the superior court, in which process might then be depending; upon the whole, I am of opinion that all the four sections relate to offences cognizable before the superior Taking a reward for helping to recovery of the offender courts, and not to those cognizable only before a magistrate. It has been held, that a party is liable to the punishment prescribed by this act, for taking the penalty imposed by a penal statute, though there is no action or proceeding for the penalty: R. v. Gotley, R. & R. 84; see, also, on this subject, R. v. Southerton, 6 East, 126. For compounding felonies and misdemeanors, see 1 Russ. 135. TAKING REWARDS, &c. 7 & 8 Geo. 4, c. 29. LVIII. Be it enacted, that every person who shall corruptly take any money or reward, directly or indirectly, under pretence, or upon account of helping any person to stolen pro any chattel, money, valuable security, or other property perty, with whatsoever, which shall by any felony or misdemeanor out bringing have been stolen, taken, obtained, or converted, as aforeto trial. said, shall (unless he cause the offender to be apprehended and brought to trial for the same) be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment. Advertising a reward for the return of stolen pro perty, &c. LIX. And be it enacted, that if any person shall publicly advertise a reward for the return of any property whatsoever which shall have been stolen or lost, and shall, in such advertisement, use any words purporting that no questions will be asked, or shall make use of any words in any public advertisement purporting that a reward will be given or paid for any property which shall have been stolen or lost, without seizing or making any inquiry after the person producing such property, or shall promise or offer in any such public advertisement to return to any pawnbroker or other person who may have bought or advanced money by way of loan, upon any property stolen or lost, the money so paid or advanced, or any other sum of money or reward for the return of such property, or if any person shall print or publish any such advertisement, in any of the above cases, every such person shall forfeit the sum of fifty pounds for every such offence, to any person who will sue for the same by action of debt, to be recovered with full costs of suit. 85 CORRUPTION. (See also tits. " Bribery” and “Embracery.”) 1. BUYING AND SELLING OFFICES, &c. 2. CORRUPTION AT ELECTIONS. 12 Rich. 2, c. 2. sworn gift, &c. Item, it is accorded that the Chancellor, Treasurer, Chancellor, Keeper of the Privy Seal, Steward of the King's House, &c. to be the King's Chamberlain, Clerk of the Rolls, the Justices that they of the one bench and of the other, Barons of the Exche- will not quer, and all other that shall be called to ordain, name, or make offi cers for any make, justices of the peace, sheriffs, escheators, customers, comptrollers, or any other officer or minister of the king, shall be firmly sworn that they shall not ordain, name, or make, any of the above-mentioned officers for any gift or brokage, favour or affection; nor that none which pursueth by himself, or by other, privily or openly, to be in any manner of office, shall be put into the same office, or in any other; but that they make all such officers and ministers of the best and most lawful men, and sufficient to their estimation and knowledge. 4 Hen. 4, c. 5. No sheriff shall let his bailiwick to farm to any man for the time that he occupieth such office. 5 & 6 Ed. 6, c. 16. some sort I. For the avoiding of corruption which may hereafter The penalty happen to be in the officers and ministers in those courts, for buying places, or rooms, wherein there is requisite to be had the or selling true administration of justice or services of trust; and to of offices. the intent that persons worthy and meet to be advanced to the place where justice is to be ministered, or any service of trust executed, should hereafter be preferred to the same, and no other. II. Be it therefore enacted, &c. that if any person or persons at any time hereafter bargain or sell any office or offices, or deputation of any office or offices, or any part or parcel of any of them, or receive, have, or take any money, fee, reward, or any other profit, directly or indirectly, or take any promise, agreement, covenant, bond, or any assurance to receive or have any money, fee, reward, or other profit, directly or indirectly, for any office or offices, or for the deputation of any office or offices or any part of any of them; or to the intent that any person should have, exercise, or enjoy any office or offices, or the deputation of any office or offices, or any part of any of them, which office or offices, or any part or parcel of them, shall in any wise touch or concern the administration or execution of justice, or the receipt, controlment or payment of any of the king's highness' treasure, money, rent, revenue, account, aulnage, auditorship, or surveying of any of the king's majesty's honours, castles, manors, lands, tenements, woods, or hereditaments; or any of the king's majesty's customs, or any other administration or necessary attendance to be had, done, or executed in any of the king's majesty's custom-house or houses; or the keeping of any of the king's majesty's towns, castles, or fortresses, being used, occupied, or appointed for a place of strength and defence; or which shall concern or touch any clerkship to be occupied in any manner of court of record, wherein justice is to be administered: that then all and every such person and persons that shall so bargain or sell any of the said office or offices, deputation or deputations, or that shall take any money, fee, reward, or profit, for any of the said office or offices, deputation or deputations, of any of the said offices, or any part of any of them; or that shall take any promise, covenant, bond, or assurance for any money, reward, or profit, to be given for any of the said office or offices, deputation or deputations, of any of the said office or offices, or any part of them, shall not only lose and forfeit all his and their right, interest, and estate, which such person or persons shall then have, of, in, or to any of the said office or offices, deputation or deputations, or any part of any of them, or of, in, or to the gift or nomination of any of the said office or offices, deputation or deputations, for the which office or offices, or for the deputation or deputations of which office or offices, or for any part of any of them, any such person or persons shall so make any bargain or sale; or take or receive any sum of money, fee, reward, or profit, or any promise, covenant, or assurance to have or receive any fee, reward, money, or profit: but also that all and every such person or persons, that shall give or pay any sum of money, reward, or fee, or shall make any promise, agreement, bond, or assurance for any of the said offices, or for the deputation or deputations of any of the said office or offices, or any part of any of them, shall immediately, by and upon the same fee, money, or reward, given or paid, or upon any such pro mise, covenant, bond, or agreement, had or made for any fee, sum of money, or reward, to be paid as is aforesaid, be adjudged a disabled person in the law, to all intents and purposes, to have, occupy, or enjoy the said office or offices, deputation or deputations, or any part of any of them, for the which such person or persons shall so give or pay any sum of money, fee, or reward, or make any promise, covenant, bond, or other assurance, to give or pay any sum of money, fee, or reward. |