SECRET COMMISSIONS. The giving of a commission, in the sense of a bribe or unlawful payment to an agent or employe in order to influence him in relation to his principal's or employer's affairs, has grown to considerable proportions in modern times; it has been rightly regarded as a gross breach of trust on the part of employes and agents, inasmuch as it leads them to look to their own interests rather than to those of their employers. In order to suppress this bribing of employes the English legislature in 1906 passed the Prevention of Corruption Act, which enacts that if an agent corruptly accepts or obtains for himself or for any other per son any gift or consideration as an inducement or reward for doing or forbearing to do any act, or for showing or forbearing to show favour or disfavour to any person, in relation to his principal's affairs, he shall be guilty of a misdemeanour and shall be liable on indictment and conviction to imprisonment with or without hard labour for a term not exceeding two years, or to a fine not exceed ing Lsoo, or to both, or on summary conviction to imprisonment not exceeding four months with or without hard labour or to a fine not exceeding £50, or both. The act also applies the same punish ment to any person who corruptly gives or offers any gift or con sideration to an agent. Also if a person knowingly gives an agent, or if an agent knowingly uses, any receipt, account or document with intent to deceive the principal, he is guilty of a misdemeanour and liable to the punishment already mentioned. For the purposes
of the act "consideration" includes valuable consideration of any kind, and "agent" includes any person employed by or acting for another. No prosecution can be instituted without the consent of the attorney-general, and every information must be upon oath.
Legislation to the same effect has been adopted in Australia. A federal act was passed in 1905 dealing with secret commissions, and in the same year both Victoria and Western Australia passed drastic measures to prevent the giving or receiving corruptly of commissions. The Victorian act applies to trustees, executors, ad ministrators and liquidators as well as to agents. Both the Vic torian and the Western Australian acts enact that gifts to the par ent, wife, child, partner or employer of an agent are to be deemed gifts to the agent unless the contrary is proved ; also that the cus tom of any trade or calling is not in itself a defence to a prosecu tion. When a bribe has been given to an agent, his principal is not bound by the resulting contract, and the agent is accountable to him for the amount of the bribe, and also forfeits any remunera tion to which he would otherwise be entitled. (See BRIBERY.)