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Odger's English Common Law

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—<br />

BETRAYAL OF OFFICIAL SECRETS. 153<br />

on behalf of His Majesty, or as a person who is or has been<br />

employed under a person who holds or has held such an office<br />

or contract "<br />

(a) to communicate the sketch, &c, or information to any<br />

person other than a person to whom he is authorised to com-<br />

municate it, or a person to whom it is in the interest of the<br />

State his duty to communicate it, or<br />

(b) to retain the sketch, &c, in his possession or control<br />

when he has ho right to retain it or when it is contrary to his<br />

duty to retain it.<br />

If any person raceives any sketch, &c, or information,<br />

knowing, or having reasonable ground to believe, at the time<br />

when he receives it, that it is communicated to him in con-<br />

travention of this Act, he shall be guilty of a misdemeanour,<br />

unless he proves that the communication to him was contrary<br />

to his desire.<br />

Any person, who attempts to commit any offence under<br />

this Act, or incites, counsels or attempts to procure another<br />

person to commit any such offence, will be guilty of felony or<br />

of a misdemeanour according as the full offence is felony or<br />

misdemeanour, and on conviction will be liable to the same<br />

punishment as if he had committed the full offence. More-<br />

over any one, who knowingly harbours any person whom he<br />

knows, or has reasonable grounds for supposing, to be about<br />

to commit or to have committed an offence under this Act,<br />

and any one, who knowingly permits any such persons to<br />

assemble in any premises in his occupation or under his<br />

control, is guilty of a misdemeanour and liable to imprison-<br />

ment with or without hard labour for a term not exceeding<br />

one year, or to a fine, or to both.<br />

~No one can be committed for trial, indicted or tried for<br />

any offence under this Act (though he can be arrested and<br />

remanded) without the consent of the Attorney-General or<br />

Solicitor-General. No offence under this Act can be tried at<br />

Quarter Sessions. Any one indicted for a felony under this.<br />

Act may, if the circumstances warrant such a finding, be found<br />

guilty of a- misdemeanour under the Act.<br />

1 S. 2.

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