s to be filled many people may be equally fitted for
it, and personal motives must influence a choice. It very rarely happens,
however, that direct bribery is supposed to influence such appointments. It
does not appear that bribery was conspicuous in England until, in the early
part of the 18th century, constituencies had thrown off the feudal
dependence which lingered among them; and, indeed, it is often said, that
bribery is essentially the defect of a free people, since it is the sale of
that which is taken from others without payment.
In English law bribery of a privy councillor or a juryman (see EMBRACERY)
is punishable as a misdemeanour, as is the taking of a bribe by any
judicial or ministerial officer. The buying and selling of public offices
is also regarded at common law as a form of bribery. By the Customs
Consolidation Act 1876, any officer in the customs service is liable to
instant dismissal and a penalty of L500 for taking a bribe, and any person
offering or promising a bribe or reward to an officer to neglect his duty
or conceal or connive at any act by which the customs may be evaded shall
forfeit the sum of L200. Under the Inland Revenue Regulations Act 1890, the
bribery of commissioners, collectors, officers or other persons employed in
relation to the Inland Revenue involves a fine of L500. The Merchant
Shipping Act 1894, ss. 112 and 398, makes provision for certain offences in
the nature of bribery. Bribery is, by the Extradition Act 1906, [v.04
p.0517] an extraditable offence. Administrative corruption was dealt with
in the Public Bodies' Corrupt Practices Act 1889. The public bodies
concerned are county councils, town or borough councils, boards,
commissioners, select vestries and other bodies having local government,
public health or poor law powers, and having for those purposes to
administer rates raised under public general acts. The giving or receiving,
promising, offering, soliciting or agreeing to receive any gift, fee, loan
or advantage by any person as an inducement for any act or forbearance by a
member, officer or servant of a public body in regard to the affairs of
that body is made a misdemeanour in England and Ireland and a crime and
offence in Scotland. Prosecution under the act requires the consent of the
attorney or solicitor-general in England or Ireland and of the lord
advocate in Scotland. Conviction renders liable to imprisonment with or
without hard labour for a term not excee
|