COMPOUNDING OFFENCES. A private individual is not obliged to set the law in motion for the prosecution of a criminal, though he is punishable for the concealment of treason or felony (c). 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. Under this title we shall treat of compounding (a) felonies; (b) misdemeanours; (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 a felon on account of some reward received, is a misdemeanour at common law, punishable by fine and imprisonment. The offence of compounding a felony is complete at the time when the agreement to abstain from prosecuting is made; it is not necessary, therefore, in an indictment for such an offence, to allege that the prisoner did abstain from prosecuting, and that by reason of such abstention the thief escaped prosecution (d). The offence is not confined to owners of stolen property who enter into such agreements; any person, therefore, who, having knowledge that a felony has been committed, receives a reward upon his agreeing to abstain from prosecuting, is guilty of this offence (e). The reward need not be of a monetary nature, but may be any advantage proceeding from or on behalf of the felon and accruing to the person who forbears. The most common form of this crime is what was anciently known as theft-bote, that is, the forbearing to prosecute a thief, in consideration of receiving one's stolen goods back again, or other advantage. But the mere taking back stolen goods, without agreeing to show any favour to the thief, is no crime. If after the compounding the compounder nevertheless prosecuted the felon to (c) v. pp. 39, 79. (d) R. v. Burgess, [1885] 16 Q. B. D. 141; 55 L. J. M. C. 97. conviction, the Judge would direct an acquittal of the prosecutor if he were himself prosecuted for the compounding (f). To corruptly take any reward for helping a person to recover property stolen or obtained by any felony or misdemeanour (unless all due diligence to bring the offender to trial has been used), is felony punishable by penal servitude to the extent of seven years, and in case of a male under sixteen by whipping (g). An advertisement offering a reward for the return of stolen or lost property, using words purporting that no questions will be asked or seizure or enquiry made after the person producing the property, or that return will be made to any pawnbroker or other person who has bought or made advances on such property of the amount paid for or lent on the same, renders the advertiser, printer, and publisher liable to forfeit £50 each to any person who will first sue for it (h). But an action cannot be brought to recover the forfeiture from the printer or publisher except within six months after the forfeiture is incurred, nor at all without the consent of the Attorney- or Solicitor-General (i). (b) Compounding misdemeanours.-An agreement to compound a misdemeanour is not a criminal offence unless it is done under circumstances constituting a conspiracy to pervert justice. But it is illegal in the sense that a contract for such a purpose neither can be enforced by action, nor can interfere with the right of the Crown to proceed with a prosecution for a misdemeanour (k). (c) Compounding informations upon penal statutes.—In order to promote the discovery and punishment of crime, certain statutes imposing a pecuniary penalty on the offender (f) R. v. Stone, [1830] 4 C. & P. 379. (i) 33 & 34 Vict. c. 65, s. 3. (k) Archbold, p. 1152. It has, however, been suggested that a compromise may legally be made of an offence which might be the subject of a civil action as, e.g., an assault. Ibid., and v. Keir v. Leeman, [1844] 6 Q. B. 308; Fisher v. Apollinaris Co., L. R. 10 Ch. 297. award the penalty, either in part or in whole, to any person who prosecutes, hence termed a common informer. It has been enacted that if any informer makes any composition without leave of the Court, or takes any money or promise from the defendant to excuse him, he is guilty of a misdemeanour punishable by fine and imprisonment, and is for ever disabled from suing on any popular or penal statute (1). A person may be thus convicted of taking a reward for forbearing to prosecute, although no offence liable to a penalty has been committed by the person from whom the money is taken (m). The Act does not, however, apply where the penalties compounded for are only recoverable before justices (n). MISPRISION OF FELONY. Misprision of felony is the concealment of some felony (other than treason) (o) committed by another. There must be knowledge of the offence merely, without any assent; for if a man assent he will either be a principal or an accessory. Thus one will be guilty of misprision who sees a felony committed, and takes no steps to secure the apprehension of the offender. The offence is a misdemeanour, punishable by fine and imprisonment (p). EXTORTION AND OTHER MISCONDUCT OF PUBLIC OFFICERS. Every malfeasance, or culpable non-feasance of an officer of justice, with relation to his office, is a misdemeanour at common law punishable by fine or imprisonment, or both, and removal from office. Under the term "officers of justice" are included not only the higher officers, as Judges, sheriffs, but also those of a lower rank, as constables. The proceedings (1) 18 Eliz. c. 5; 56 Geo. III. c. 138, s. 2. (0) Misprision of Treason, v. p. 39. (p) Prosecutions for this offence appear to have long since fallen into desuetude. See, however, Williams v. Bayley, [1866] L. R. 1 H. L. at p. 220. will generally be by impeachment, or information in the King's Bench, according to the rank of the offender; but an indictment will also lie. As to malfeasance (q).—A judicial officer is punishable for any illegal act committed by him from fraudulent, corrupt, or vindictive motives, or for manifest illegality and oppression or gross abuse of power, or partiality and wilful abuse of discretion. So also a ministerial officer, such as an overseer. is liable for any illegal act committed in the execution of his duties, from corrupt, vindictive, or improper motives (r). Extortion, in the more strict sense of the word, consists in an officer unlawfully taking, by colour of his office, from any man, any money or thing of value that is not due to him, or more than is due, or before it is due (s). But it is not criminal to take a reward, voluntarily given, and which has been usual in such a case, for the more diligent or more expeditious performance of his duty. As to non-feasance.-An officer is equally liable for neglect of his duty as for active misconduct. Thus an overseer is indictable for not providing for the poor (t). A refusal by any person to serve an office to which he has been duly appointed, and from which he has no ground of exemption, is an indictable offence. There are special statutory provisions with regard to sheriffs and their officers. If such a person conceals a felon or refuses to arrest him in his bailiwick, or releases a prisoner who is not bailable, or is guilty of certain other offences against the Sheriffs Act, 1887 (u), he commits a misdemeanour, and is liable to imprisonment for a year, and may be fined. If he withholds a prisoner bailable after he has offered sufficient security, or takes or demands any money other (q) As to Bribery, v. p. 69, et seq. (r) Archbold, 130, 131. (s) Archbold, 1150. (t) Archbold, 131. (u) 50 & 51 Vict. c. 55, s. 29, sub-s. 1. than the fees he is allowed by Act of Parliament (w), or grants a warrant for execution of any writ before he has received the writ, or is guilty of a breach of the provisions of the Act, or of any wrongful neglect in the execution of his office, or of any contempt of a superior Court, he may be punished as for contempt of Court, and be compelled to forfeit £200, and to pay all damage suffered by the party aggrieved (r). CONTEMPT OF COURT. A contempt of Court is a disobedience to the rules, orders, or process or a disregard of the dignity of a Court of law. All such contempts are misdemeanours punishable by fine and imprisonment (y), but if committed against a Court of record, that Court has, in most cases, power to fine and imprison the offender in a summary way (2) It does not fall within the purview of this work to treat of the latter mode of procedure, which is now the usual way of dealing with this class of offence. The remedy by indictment or information, however, still remains (a). Contempt of Court is of three kinds (b): (i) Where some contempt in face of the Court has been committed. (ii) Where there has been a publication of scandalous matter of the Court itself. (iii) Where any act is done or writing published calculated to obstruct or interfere with the due course of justice or (w) This does not apply to overcharges made by mistake, Lee v. Dangar, Grant & Co., [1892] 2 Q. B. 337; 61 L. J. Q. B. 780. (z) 50 & 51 Vict. c. 55, s. 29, sub-ss. 2, 3. (y) Archbold, 1158. (z) Courts of Record are those whose judicial acts and proceedings are enrolled for a perpetual memorial and testimony; which rolls are called the records of the Court, and their truth cannot be questioned. This power to fine and imprison is one of their chief distinguishing marks; and the very erection of a new jurisdiction with power of fine and imprisonment makes it instantly a Court of Record. (a) v. Judgment of Cave, J., in R. v. Judge of Brompton County Court, [1893] 2 Q. B. 195; 62 L. J. Q. B. 604. The summary jurisdiction of inferior Courts of Record, such as the Mayor's Court, the Court of Quarter Sessions, and County Court, is limited to contempts committed in facie curia. Ibid. and R. v. Lefroy, L. R. 8 Q. B. 134; 42 L. J. (N. S.) Q. B. 121. (b) McLeod v. St. Aubyn, [1899] A. C. 549; R. v. Gray, [1900] 2 Q. B. 36; 69 L. J. Q. B. 502. |