Odger's English Common Law

188 MALADMINISTRATION.
extortion. This is a high misdemeanour, punishable on in-
formation or indictment in the discretion of the Court with
fine to any amount, imprisonment to any extent, or both, and
also with removal from office. Again, if any public officer in
the pretended exercise of the duties of his office illegally and
from any improper motive inflicts injury on any person or
abuses even a discretionary power which is vested in him by
virtue of his office, he is guilty of oppression, which is a high
misdemeanour similarly punishable.
In both these cases the improper motive is an essential
ingredient in the crime. It is not enough that the act is illegal.
An illegal act done by a public officer without any improper
motive, and due to a bond fide mistake as to the extent in law
of his powers, is not oppression. The existence of such im-
proper motive may be inferred either from the act itself or
from the surrounding circumstances.
It has been the law of the land ever since 1275 that any officer of the
King, who takes any reward to do his office, is punishable at the King's
pleasure. 1 Any clerk of assize, clerk of the peace, clerk of the court, or
the deputy of any such officer, who exacts any reward to do his office,
commits a misdemeanour, and on conviction is incapable of holding his
office. 2 Again any gaoler, who exacts from any prisoner any fee for or on
account of the entrance, commitment or discharge of such prisoner,
commits a misdemeanour, and on conviction is incapable of holding his
office. 3 Extortion by sheriffs or their officers is punishable in the same way
as contempt of court. 4 And a coroner, who is guilty of extortion, corrup-
tion, wilful neglect of his duty or of misbehaviour in the discharge of his
duty, is guilty of a misdemeanour, and on conviction is incapable of holding
his office. 6
Every public officer commits a misdemeanour, who in the
discharge of the duties of his office commits any fraud or
breach of trust affecting the public, whether such fraud 01
breach of trust would have been criminal or not if committed
against a private person. 6
1 First Statute of Westminster, 3 Edw. I. c. 26.
2 55 Geo. III. c. 60, s. 9.
s lb. s. 13.
1 50 & 51 Vict. c. 55, s. 29. See post, pp. 201—204.
5 Coroners Act, 1887 (50 & 51 Vict. c. 71), s. 8.
6 Stephen, Digest of the Criminal Law, 6th ed., Art. 126. See the Official Secrets
Act, 1911 (1 & 2 Geo. V. u. 28), ante, pp. 151—153 ; and R. v. Merceron (1818), 2
Stark. N. P. 366,