Wairarapa Age MORNING DAILY. TUESDAY, FEBRUARYS 7, 1911. SECRET COMMISSIONS.

Wairarapa Age, Volume XXXII, Issue 10158, 7 February 1911, Page 4

Wairarapa Age MORNING DAILY. TUESDAY, FEBRUARYS 7, 1911. SECRET COMMISSIONS.

Among the important* measures which were, placed iipon the Statute Book last session was one dealing with secret, commissions. As this contains somewhat drastic provisions, it is well that the public should be made acquainted with a few of them. Under the Act every person is guilty of an' offence if he gives, or agrees to give, "to any agent any gift or other consideration as an inducement or reward for doing or forbearing to do, or for having, done or forborne to do, any act in relatidn to the principal's affairs or business, or for showing or having shown favour or disfavour to any person in relation to the principal's affairs or business. . Any-gift or consideration to the parent, husband, wife, or child, of any agent, or to his partner, clerk, or servant, or, at the agent's request or suggestion, to any other person, will he deemed to have been given or offered to the agent." An agent is deemed to have corruptly solicited a consideration if he directs, obstructs,-, or interferes with the proper course of the affairs or business of his, principal. ' An agent is also guilty of a breach of the. law if he fails to disclose to his pi-incipal the fact that he has a pecuniary interest in a contract. Further, it is an offence for a person to give an agent incorrect receipts or invoices with intent to deceive the principal, avd the agent who deliv-

ers such false receipt or invoice to Ms principal is equally guilty. This provision has very far-reaching effects, and business people should carefully consider how it affects pi'actices that have been in vogue for many years. There seems, however, to 'be a locpholo of escape in Section 11, which provides that "nothing in this Act contained i&hall be deemed to prohibit or render illegal any recognised practice or usage of any trade or calling existing at the time of the passing of this Act if the court before which the matter of such practice or usage is in question shall be satisfied that such practice oi* usage is honest and reasonable. The Act then defines how and in what circumstances commissions, rebates and allowances may be paid. The penalties, which are very seveve, are as follows: If a corporation a fine not exceeding £1000; any other person, imprisonment with or without hard labour for any period not exceeding two years,' or to a fine not exceeding £ooo. Summary conviction: If a corporation, a fine r.ot exceeding £100; any other person, imprisonment up to three months or a fine not exceeding £100; any other person, imprisonment up to three or a fine not exceeding £SO. The Act clearly defines an agent as. "any person who is or intends to be employed by or acting for any other .person, whether as agent, servant, broker, auctioneer, prchitect, solicitor, director, or in any other capacity whatever, either alone or jointly with any other person." "Principal" is defined as "any person by whom an agent is, or has heen, or intends or desires to be, employed, or for whom an agent acts, or has aotad, . or intends to act." Finally a lib!- is > given showing what persons aao regarded as agents "for tto purposes of tho Act."