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Odger's English Common Law

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Chapter V.<br />

HALADMINISTRATION.<br />

One potent cause of sedition, riot and breaches of the<br />

peace is the abuse of power by officers of State. All oppres-<br />

sive and overbearing acts on the part of those who are " drest<br />

in a little brief authority " are sternly forbidden by our law.<br />

Holders of the highest offices in the Empire have before now<br />

been severely punished for misconduct. Three Lord Chan-<br />

cellors—Michael de la Pole in 1384, Lord St. Albans (Sir<br />

Francis Bacon) in 1622, and Lord Macclesfield in 1725<br />

were convicted of bribery on impeachment; while Lord<br />

Westbury was compelled to retire from office in 1865 in<br />

consequence of scandals connected with a near relative, whom<br />

he had appointed to a semi-judicial office. In 1626 the Earl<br />

of Middlesex, Lord High Treasurer of England, was found<br />

guilty of refusing to hear petitions referred to him till he had<br />

been bribed. 1 And Warren Hastings, the greatest of our<br />

Indian administrators, was forced to retire into private life,<br />

because of the cruelty and rapacity with which he was<br />

alleged to have treated the Begums of Oude.<br />

In this chapter we shall deal with such offences as :<br />

I. Extortion and oppression.<br />

II. Eefusal to act.<br />

III. Bribery and corruption.<br />

IV. Offences against the purity of elections.<br />

I. Extortion and Oppression.<br />

If any public officer, in the pretended exercise of the duties<br />

of his office, illegally and from some improper motive takes<br />

from any person against his will any money or valuable thing<br />

which is not then due from that person, he is guilty of<br />

1 See Stephen's History of the Criminal <strong>Law</strong>, Vol. III. p. 262.<br />

—<br />

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