This аction was brought by appellee, under section two of the act of March 1, 1899 (Acts 1899, p. 381, §2330 Burns 1901), to recover nine separate rewards for furnishing information which secured the conviction of nine persons for a violation of section one of said act (§2329 Burns 1901). It is provided by section one of said act of 1899'that anyone who “sells, barters or offers to sell or barter his vote, or offers to refrain from voting for any candidate or candidates at any general, special or primary election or convеntion, * * * or who shall' accept any money, property or thing of value, with the promise or pretense of voting for, or refraining from voting for any candidate or candidates, shall upon conviction therefor be,” etc. The second section provides that “any person or persons having knowledge or information of the violation of the provisions of this act, who shall procure or furnish or cause to be procured or furnished the testimony necessary to secure a conviction of the pеrson or persons violating the same shall be entitled to a reward of $100 payable out of the treasury of the county- in which such conviction shall be had and the right to such reward shall be a valid claim against such county.”
It is claimed by appellee that the pleadings are not in the record, and that for this reason the judgment must be affirmed. The reasons urged by appellee to sustain this contention are the same as those set forth in Southern Ind. R. Co. v. Martin,
The objection urged against each paragraph of the complaint is that it is not averred that appellee “rendered the sеrvices with a knowledge that the reward was offered, or with the intention to recover the same.”' Such allegations! are unnecessary in this State — at least when the reward) is offered in a public statute. Dawkins v. Sappington,
It appears from the allegations of the secоnd, third, fourth, and fifth paragraphs of answer that appellee procured each person named in the nine paragraphs of complaint to violate §2329, supra, to sell his vote; that hci induced each of said persons to commit said crime; and in some of said paragraphs of answer it is alleged that he induced them to commit said crime with the intention
Appellee insists that the vote buyer comes within the terms of the statute, and for that reason the demurrer for want of facts was properly sustained to said paragraphs of answer. Said §2330, supra, provides that “any person or persons having knowledge or information of the violation of the provisions of this act, who shall procure or furnish or cause to be procured or furnished the testimony "" * * shall be entitled to a reward.” As counsel for the parties do not challenge the validity of said section, we may, without considering that question, determine its proper interpretation. Lewis v. Albertson,
The constitution of Massachusetts provided that the elect- or of a senator must be an inhabitant of the senatorial district in which he votes, and the elector for representative must have resided one year in the town before he сould there be a voter. It was -held in Opinion o f the Justices, supra, pp. 524-526, that while the words “inhabitants” and “residents” may comprehend aliens, they must be restrained to such inhabitants or residents as are citizens. The justices said at page 526: “This construction given to the constitution, is analogous to that givеn to several statutes. Creditors may levy their execution on lands of their debtors, and hold them in fee simple, unless redeemed. Although the words of the statute are general, yet they are not deemed to include alien creditors. If they were so deemed, then under color of a judgment and execution, the rule of the common law, prohibiting an alien from holding lands against the commonwealth, would be defeated. So a general provision is made for the dower of widows. Yet it is not supposed that a woman, who is an alien, can claim, and have assigned to her, dower in lands of her deceased husband.” For this reason, it is held that a statute should not be so construed as to authorize or permit a man to be a judge in his own case, or to determine his right to an office of trust or 'рrofit, unless the act so declares in express words. Day v. Savadge, Hob. *85; Reg. v. Owens, 2 El. & El. 86, 91-93, 105 Eng. C. L. 85, 90-92; Mersey Docks v. Gibbs, 1 L. R. H. L. 93, 110; Commonwealth v. M’Closkey, 2 Rawle (Pa.) 369, 372-376; Black, Interp. of Laws, 107; 1 Blackstone’s Comm., *91; Broom’s Legal Maxims (7th Am. ed.), 116-121,
It has been held, upon grounds of public policy, that public corporations, such as counties, townships, cities, towns, school corporations, and public officers are not subject to garnishment under a law providing that “all persons and corporations are subject to gаrnishment.” To make such corporations and officers subject to garnishment, the act must so provide in express words. Wallace v. Lawyer,
It is also held, upon grounds of public policy, that a law which provides that “mechanics, and all persons performing labor or furnishing materials for the construction or repair of any building, * * * may have a lien separately or jointly upon the building which they may have constructed or repaired, * * * and on the interest of the owner in the lot or land on which it stands,”
It was said by this court in Board, etc., v. O’Conner, supra, page 536: “It is true that the statute of this State provides in terms for the acquisition and enforcement of a mechanic’s lien upon and against ‘any building;’ but, broad and comprehensive as are the provisions of the statute, it must be construed in such manner as will not contravene settled principles of public policy. * * * There is no provision to the effect that such a lien may be acquired or enforced upon or against public propеrty held for public use; and, in the absence of such provision, we must hold * * * that such a lien can neither be acquired nor enforced upon or against such property held for such use.”
Courts, in construing offers of reward made for the apprehension of pеrsons charged with crime, have uniformly held that a ministerial officer, who in the performance of his duties as such, apprehends the criminal, is not entitled to the reward. And in cases where rewards have been offered for the return of stolen property, it has been held that a sheriff or other peace officer who secured the property and returned it to the owner is not entitled to the reward, even though the offer was general to all persons. ‘.This is upon the ground that it is against public policy rto allow .-a-public officer for the discharge of his duties any (.compensation except 'that fixed by law. Davies v. Burns,
It is a maxim of the law that no man shall be permitted-1 i to profit by or take advantage of his own wrong, or to (found any claim upon his own iniquity. Broom’s Legal Maxims (7th Am. ed.), 279-297. Under this maxim it has been uniformly held that a person who is connected with an alleged theft, either as a participator in the felonious taking, or in the concealing of the stolen goods, can not recover a reward offered for their return. Jenkins v. Kelren,
It is true that in this case there wаs no statute making the purchase of votes a crime, and that we have no crimes in this State except those provided by statute, but bribery at elections was a crime at common law, as .to the bribe
State, ex rel., v. Schoonover,
It is clear that the said paragraphs of answer were sufficient to withstand the demurrer for want of facts. As the fourth paragraph оf answer alleges facts sufficient to constitute a defense to the action, the. mere fact that it purports to be only a partial answer does not render it insufficient as to sncb part.
Judgment reversed, witb instructions to overrule the demurrer to the second, third, fourth, and fifth paragraphs of answer.