Bribery

At common law. 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. Coke, 3d Inst. 149; 1 Hawk. P. C. c. 67, § 2; 4 Bl. Comm. 139; 1 Russ. Crimes, 156. The term "bribery" now extends further, and includes the offense of giving a bribe to many other officers. The offense of the giver and of the receiver of the bribe has the same name. For the sake of distinction, that of the former — viz., the bribermight be properly denominated "active bribery;" while that of the latter — ^viz., the person bribed — might be called "passive bribery." "The voluntary giving or receiving of anything of value in corrupt payment for an official act done or to be done." 2 Bish. Grim. Law, § 85.

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.

The offering of an undue reward to a person concerned in the administration of justice, or to a public officer, to influence his behavior in his office; the taking of such undue reward; the giving, promising or receiving of money, etc., to procure votes, or to influence voters at elections to public office. ^ief. A concise statement; an abridgment. Brief of title: an abstract of deeds, judicial proceedings, etc., affecting the title to realty.

In American law. A written or printed argument or an abridged statement of the facts and the law of the case prepared by couusel and submitted to the court, upon the basis of which the oral argument, if there is one, proceeds.

In English law. A statement of the case, prepared by the attorney, containing the pleadings, the names of the witnesses, etc., for the convenience and instruction of the barrister or counsel at the trial.

In old law. A writ v. Breve.

In criminal law. 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 toincline him to uct contrary to his duty and the known rules of honesty and integrity. 1 Russ. Crimes, 154; 1 Hawk. P. C. 414; 3 Co. Inst. 149; 29 Ark. 302. The term “bribery” now extends further, and includes the offense 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. Crim. Law, § 1858. The offense of taking any undue reward by a judge, juror, or other person concerned in the administration of justice, or by a public oficer, to inffuence his behavior in his office. 4 BI. Comm. 139, and note. Bribery is the giving or receiving any undue reward to influence the behavior of the person receiving such reward in the discharge of his duty, in any office of government or of justice. Code Ga, 1882, § 4469. The crime of offering any undue reward or remuncration to any public officer of the crown, or other person intrusted with a publie duty, witha view to influence his behavior in the discharge of his duty. The taking such reward is as much uribery asthe offering it. It also sometimes signifies the taking or giving a reward for public eltice, The offense is not confined, as some have supposed, to judicial officers. Brown.

1. In old English, theft, rapine, open violence, of Scial extortion. The rapacious dignitary was styled the briber^ and he was said to bribe when he boldly grasped his prey; ^now, the tempter is the briber' and the recipient the bribed.' ^ ' See Timmons v. State, 34 Ohio St. 427-31 (1878), cases; 68 N.,0. 207; 85 Pa. 54; 2 Chitty, Cr. L. 1092. a 3 BI. Com. 407; 105 ni. 668, 669. s 3 Bl. Com. 336. ■<1B1. Com. 62; 112 U. S. ISO. ' Coke, Litt. 73 6, 64 b; Steph. PI. *27. 2. When a judge, or other person concerned in the administration of justice, takes any undue reward to influence his behavior in office. 1 Giving (and perhaps offering) to another anj'thing of value or any valuable service, intended to influence him in the discharge of a legal duty. It does not apply to a mere moral duty.^ The later and broader doctrine is that any attempt to influence an officer in his official conduct, whether in the executive, legislative, or judicial department of the government, by the offer of a reward or pecuniary consideration, is an indictable common-law misdemeanor. 3 A candidate for a judgeship who pledges himself, if elected, to serve at a less salary than that provided by law, virtually bribes the masses to vote for him,* Bribery in a judge of the United States courts, of a member of Congress, or of any officer of the United States, is punishable.* The general election laws of Pennsylvania prohibiting bribery include caucuses as well as elections for State officers; and the constitutional prohibition against violation of any " election law"" includes any law intended to purify, elections, then or thereafter in force." See Candidate. One who bribes another cannot maintain an action to recover the money.' Compare Corkupt, 2.

crim. law, is the receiving or offering any undue reward by or to any person whomsoever, whose ordinary profession or business relates to the admuinistration of public justice, in order to influence his behaviour in office, and to incline him to act contrary to his duty and the known rules of honesty and integrity. 3 Inst. 149; 1 Hawk. P.'C. c. 67, 8. 2; 4 Bl. Com. 139; 1 Russ. Cr. 156. The term bribery: extends now further and includes the offence of giving a bribe to many other officers. The offence of the giver and of the receiver of the bribe has the same name. For the sake tive, while that of the latter might be called negative bribery.