Odger's English Common Law

EMBRACERY : CONTEMPT OF COURT. 201
punishable by fine and imprisonment to any extent in the
discretion of the Court. This offence is now very rare, but a
man was convicted of it at the Central Criminal Court in
1891. 1
It does not matter whether the attempt did in fact
influence the verdict or not, nor whether the verdict actually
given was right or wrong. The indictment must state the
names of the jurors alleged to have been " embraced." Any
juror who wilfully and corruptly consents to embracery is
punishable under the Juries Act, 1825, 2 and is also liable to
a penal action under an ancient statute of Henry VIII. 8
Contempt of Court.
It is a contempt of Court to do or to write or say anything
which tends to bring the administration of justice in this
country into contempt, to diminish the authority and dignity
of our law Courts, to prejudice the fair trial of any cause or
matter whether civil or criminal, or in any way to obstruct
the course of justice. Thus it is a contempt of Court to insult
the judge, jury or witness, to obstruct any officer of the
Court, to abuse the parties to an action or their witnesses
before the case is heard, or in any way to endeavour to pre-
judice the minds of the judge, jury or general public.
" There are three different sorts of contempt :
One kind of contempt is scandalising the Court itself.
There may be likewise a contempt of this Court, in abusing
parties who are concerned in causes here.
There may be also a contempt of this Court, in prejudicing
mankind against persons before the cause is heard.
There cannot be anything of greater consequence, than to
keep the streams of justice clear and pure, that parties may
proceed with safety both to themselves and their characters." 4
But fair criticism on the proceedings of a Court, when once
the case referred to is over, can seldom, if ever, be contempt
of Court. 5 " There is no sedition in just criticism on the
1 See R. v. Baiter, 113 Cent. Crim. Ct. Sess. Papers, 374.
2 6 Geo. IV. c. 50, s. 61.
8 32 Hen. VIII. o. 9, s. 3.
4 Per Lord Hardwicke, L. 0., in Roach v. Garvan, Rr Read and Huggonson
(1742.), 2 Atk. at p. 471.
« McLeod v. St. Aubyn, [1899J A. C. 549.
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