Bribery

The receiving or offering any undue reward by or to any person whomsoever, whose ordinary profession or business relates to the administration of public justice, in order to influence his behavior in office, and to incline him to act contrary to his duty and the known rules of honesty and integrity.

Co. 3d Inst 149; 1 Hawk. PI.

Cr. c.

67, s. 2; 4 Bla. Com. 139; State v. Ellis, 33 N. J. L. 102, 97 Am. Dec. 707; Dishon v. Smith, 10 la. 212.

The term bribery now extends further, and includes the offence of giving a bribe to many other classes of officers; it applies both to the actor and receiver, and extends to voters, cabinet ministers, legislators, sheriffs, and other classes; 2 Whart. Cr. L. § 1858. The offence of the giver and the receiver of the bribe has the same name. For the sake of distinction, that of the former — viz.: the briber — might be properly denominated active bribery; while that of the latter — viz.: the person bribed — might be called passive bribery. Bribery consists in offering a present or receiving one; extortion is demanding a fee or present by color of office; State v. Pritchard, 107 N. C. 921, 12 S. E. 50. Bribery at elections for members of parliament has always been a crime at common withstanding the stat.

24 Geo. II. c. 14; 3 Burr. 1340, 1589.

So is payment or promise of payment for votes at an election of an assistant overseer of a parish; 16 Cox, C. G. 737. To constitute the offence, it is not necessary that the person bribed should in fact vote as solicited to do; 3 Burr. 1230; or even that he should have a right to vote at all; both are entirely immaterial; 3 Burr. 1590; State v. Ellis, 33 N. J. L. 102, 97 Am. Dec. 707; or that he acted without jurisdiction; People v. Jackson, 191 N. Y. 293, 84 N. E. 65, 15 L. R. A. (N. S.) 1173, 14 Ann. Cas. 243. Bribery of a voter consists in the offering of a reward or consideration for his vote or his failure to vote; Nichols v. Mudgett, 32 Vt. 546; State v. Jackson, 73 Me. 91, 40 Am. Rep. 342; Walsh v. People, 65 111.

58, 16 Am. Rep. 569; 15 Q. B. 870.

An attempt to bribe, though unsuccessful, has been held criminal; U. S. v. Worrall, 2 Dall. (Pa.) 3S4, Fed. Cas. No. 16,766, 1 L. Ed. 426; 4 Burr. 2500; Co. 3d Inst. 147; State v. Ellis, 33 N. J. L. 102, 97 Am. Dec. 707; Com. v. Chapman, 1 Va. Cas. 138. In Illinois a proposal by an officer to receive a bribe, though not bribery, was held to be an indictable misdemeanor at common law; 21 Am. L. Reg. 617 (with note by Judge Redfield); s. c.

Walsh v. People, 65 111.

58, 16 Am. Rep. 569; but it has been held that upon such a proposal by an officer, one offering him a bribe was not punishable; O'Brien v. State, 6 Tex. App. 665. Keeping open house for the entertainment of the members of the legislature is not bribery; Randall v. News Ass'n, 97 Mich. 136, 56 N. W. 361. On the trial of an officer for bribery for taking unlawful fees, a corrupt intent must be proved; State v. Pritchard, 107 N. C. 921, 12 S. E. 50. A writing containing a statement that a person has been bribed to testify as a witness imputes to such person the crime of perjury and is libelous; Atlanta News Publishing Co. v. Medlock, 123 Ga. 714, 51 S. E. 756, 3 L. R. A. (N. S.) 1139; Hillhouse v. Dunning, 6 Conn. 391. See Lobbyist; Corrupt Practices.

BRIB0UR.

One who pilfers other men's goods; a thief.

See 28 Edw. II. c. 1.