6

these persons who are exempt (except aliens, minors, Jews, lunatics, and felons) are ineligible to serve such office if they are willing. With the above exceptions, it may be stated generally, that every parishioner must serve the office of churchwarden if legally chosen into it.' It does not, however, appear from Steer (ib.), who enumerates as parochial lay officers' churchwardens, parish clerk, sexton and beadle, that churchwardens were ever indictable for refusing to serve, and the contrary appears from Prideaux's Churchwarden's Guide, pp. 39, 43, 16th ed. (1895). Parish constables are no longer appointed.

The following persons* are disqualified from being overseers:Those concerned in contracts for goods for relief of the poor, for the union in which the parish is, 12-13 V. 103, 6; the master of the workhouse or relieving officer, 13-14 V. 101, 6; an assistant overseer, 29-30 V. 113, 10; a person convicted of felony, fraud, or perjury, 4-5 W. 4, 76, 48; a person convicted of corrupt practices at an election [46-7 V. 51, 6], 47-8 V. 70. (Steer, as above.)

N.B. Some of these enactments have been replaced by later ones.

Defence-churchwarden-overseer-exempt-disqualified]

It may

be shown that the defendant is not an inhabitant of the parish or ward for which he is chosen, e.g. constable, though he may occupy a tenement there, be rated for it and trade there, for the constable's is a personal service: Adlard, 4 B. & C. 772, 1825; cf. Donne v. Martyr, 8 B. & C. 62, 1828: collector.

It is not any defence that the defendant resides in the jurisdiction of a private leet within the hundred for which he is elected: Genge, above; or that no constable had ever before been appointed for the place. Terrey, 2 Keb. 557, 1670.

The punishment is fine or imprisonment, or both. Bower, 1 B. & C. 587, 1823.

Disqualification] See title Judgment

Triable at Q. S.

Excise officer] By 53-4 V. 21, 7: If any collector or any person appointed to be an officer, and employed in relation to duties of excise, deals or trades in any goods subject to any such duty, or carries on or is concerned in any trade or business subject to any law of excise, he shall be guilty of a misdemeanour, and shall, on conviction, forfeit his office or employment, and be incapable of ever holding any office or employment in or relating to the excise.'

* It is practically impossible to make absolutely complete lists.

OFFICES, PUBLIC-SALE AND BROKERAGE OF.

See Common Law under Bribery. Trafficking in certain officesall public was punished, by 5-6 E. 6, 16 (rpd. for offices in the Customs), by forfeiture of the office, and by disability to hold the office and by avoidance of the contract. That A. was extended by 49 G. 3, 126, the Sale of Offices A. 1809, whereby any such dealings whatever were made misdemeanours. In the Earl of Macclesfield, 16 St. Tr. 767, 1402, 1725: impeachment, the evidence... clearly established that L. Macclesfield had sold masterships through his agent... that he had received sums for consenting to the transfer of others; that this mode of disposing of the office . led to great abuse; that in several instances the suitors had suffered from the master becoming insolvent, and that L. Macclesfield had taken great pains to conceal these abuses and losses from the public': Campbell C., Lives of the Chancellors, c. 722: who has no doubt that 5-6 Ê. 6, 16, was transgressed: ib. Prosecutions under this A. have been rare, but a conviction on indictment (followed by fines) is recorded in the Times of July 24, 1918, of a retiring tax-collector and the person whom, for a year's purchase of the salary, he had recommended as his successor. Offences committed abroad are to be tried in the K. B. D..

OFFICIAL SECRETS, COMMUNICATION OF, &c.

See Spying.

The Official Secrets A. 1889, is repealed and replaced by 1-2 G. 5, 28, the Official Secrets A. 1911.

1.-(1) If any person for any purpose prejudicial to the safety or interests of the State-

(a) approaches or is in the neighbourhood of, or enters any prohibited place within the meaning of this Act; or

(b) makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy; or

(c) obtains or communicates to any other person any sketch, plan, model, article, or note, or other document or information which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy;

he shall be guilty of felony, and shall be liable to penal servitude for any term not less than three years and not exceeding seven years.

(2) On a prosecution under this section, it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case, or his conduct, or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the State; and if any sketch, plan, model, article, note, document, or information relating to or used in any prohibited place within the meaning of this Act, or anything in such a place, is made, obtained, or communicated by any person other than a person acting under lawful authority, it shall be deemed to have been made, obtained, or communicated for a purpose prejudicial to the safety or interests of the State unless the contrary is proved.

2.-(1) If any person having in his possession or control any sketch, plan, model, article, note, document, or information which relates to or is used in a prohibited place or anything in such a place, or which has been made or obtained in contravention of this Act, or which has been entrusted in confidence to him by any person holding office under His Majesty or which he has obtained owing to his position as a person who holds or has held office under His Majesty, or as a person who holds or has held a contract made on behalf of His Majesty, or as a person who is or has been employed under a person who holds or has held such an office or contract

(a) communicates the sketch, plan, model, article, note, document, or information to any person, other than a person to whom he is authorised to communicate it, or a person to whom it is in the interest of the State his duty to communicate it, or

Official Secrets A. 1911.

911

(b) retains the sketch, plan, model, article, note, or document in his possession or control when he has no right to retain it or when it is contrary to his duty to retain it:

that person shall be guilty of a misdemeanour.

(2) If any person receives any sketch, plan, model, article, note, document, or information, knowing, or having reasonable ground to believe, at the time when he receives it, that the sketch, plan, model, article, note, document, or information is communicated to him in contravention of this Act, he shall be guilty of a misdemeanour, unless he proves that the communication to him of the sketch, plan, model, article, note, document, or information was contrary to his desire.

(3) A person guilty of a misdemeanour under this section shall be liable to imprisonment with or without hard labour for a term not exceeding two years, or to a fine, or to both imprisonment and a fine. 3. For the purposes of this Act, the expression prohibited place'

means

(a) any work of defence, arsenal, factory, dockyard, camp, ship, telegraph or signal station, or office belonging to His Majesty, and any other place belonging to His Majesty used for the purpose of building, repairing, making, or storing any ship, arms, or other materials or instruments of use in time of war, or any plans or documents relating thereto; and

(b) any place not belonging to His Majesty where any ship, arms, or other materials or instruments of use in time of war, or any plans or documents relating thereto, are being made, repaired, or stored under contract with, or with any person on behalf of, His Majesty, or otherwise on behalf of His Majesty; and (c) any place belonging to His Majesty which is for the time being declared by a Secretary of State to be a prohibited place for the purposes of this section on the ground that information with respect thereto, or damage thereto, would be useful to an enemy; and

(d) any railway, road, way, or channel, or other means of communication by land or water (including any works or structures being part thereof or connected therewith), or any place used for gas, water, or electricity works or other works for purposes of a public character, or any place where any ship, arms, or other materials or instruments of use in time of war, or any plans or documents relating thereto, are being made, repaired, or stored otherwise than on behalf of His Majesty, which is for the time being declared by a Secretary of State to be a prohibited place for the purposes of this section, on the ground that information with respect thereto, or the destruction or obstruction thereof, or interference therewith, would be useful to an enemy.

4. Any person who attempts to commit any offence under this Act, or incites, or counsels, or attempts to procure another person to commit an offence under this Act, shall be guilty of felony or of a misdemeanour according as the offence in question is felony or misdemeanour, and on conviction shall be liable to the same punishment, and to be proceeded against in the same manner, as if he had committed the offence.

5. Any person charged with an offence which is a felony under this Act may, if the circumstances warrant such a finding, be found guilty of an offence which is a misdemeanour under this Act.

6. Any person who is found committing an offence under this Act, whether that offence is a felony or not, or who is reasonably suspected of having committed, or having attempted to commit, or being about to commit, such an offence, may be apprehended and detained in the same manner as a person who is found committing a felony.

7. If any person knowingly harbours any person whom he knows, or has reasonable grounds for supposing, to be a person who is about to commit or who has committed an offence under this Act, or knowingly permits to meet or assemble in any premises in his occupation or under his control any such persons, or if any person having harboured any such person, or permitted to meet or assemble in any premises in his occupation or under his control any such persons, wilfully refuses to disclose to a superintendent of police any information which it is in his power to give in relation to any such person he shall be guilty of a misdemeanour and liable to imprisonment with or without hard labour for a term not exceeding one year, or to a fine, or to both imprisonment and a fine.

8. A prosecution for an offence under this Act shall not be instituted except by or with the consent of the Attorney-General:

or

Provided that a person charged with such an offence may be arrested, a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further other proceedings shall be taken until that consent has been obtained.

or

9.-(1) If a justice of the peace is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Act has been or is about to be committed, he may grant a search warrant authorising any constable named therein to enter at any time any premises or place named in the warrant, if necessary, by force, and to search the premises or place and every person found therein, and to seize any sketch, plan, model, article, note, or document, or anything of a like nature or anything which is evidence of an offence under this Act having been or being about to be committed, which he may find on the premises or place or on any such person, and with regard to or in connexion with which he has reasonable ground for suspecting that an offence under this Act has been or is about to be committed.

(2) Where it appears to a superintendent of police that the case is one of great emergency and that in the interest of the State immediate action is necessary, he may by a written order under his hand give to any constable the like authority as may be given by the warrant of a justice under this section.

10. (1) This Act shall apply to all acts which are offences under this Act when committed in any part of His Majesty's dominions, or when committed by British officers or subjects elsewhere.

(2) An offence under this Act, if alleged to have been committed out of the United Kingdom, may be inquired of, heard, and determined, in any competent British court in the place where the offence was committed, or in the High Court in England or the Central Criminal Court, and the Criminal Jurisdiction Act, 1802, shall apply in like manner as if the offence were mentioned in that Act, and the Central Criminal Court as well as the High Court possessed the jurisdiction given by that Act to the Court of King's Bench.