6 THE LAW AFFECTING ENGINEEKS 



contravention of this rule would not only bring himself within 

 the Prevention of Corruption Act, and so be amenable to the 

 criminal law, but he would also be guilty of a breach of his 

 legal duty to his employer. In one reported case (Panama, 

 etc., Telegraph Co. v. India Rubber Co., 1875, L. E, 10 Ch. 

 515) an engineer received a commission from a contractor. It 

 was held that this was a fraud which entitled the employer to 

 have the contract rescinded. (See further as to secret com- 

 mission, Chap. III., 15, post). Moreover, the Court will not 

 inquire into the motive of the person who gives a bribe, and 

 there is an irrefutable presumption that the person receiving 

 it was influenced by it. 



As to the sixth rule, the question whether an engineer 

 would be under a legal duty to disclose his interest is not 

 quite so clear. It is submitted, however, that if an engineer 

 were to introduce a contractor in whose business he had a 

 large share he would be guilty of a breach of duty if he did 

 not disclose the fact.' The employer not unnaturally looks to 

 the engineer to select the contractor whose tender is the most 

 favourable from every point of view. How could an engineer 

 justify an appointment if it were shown that he himself were 

 a participator in some of the profits? (As to the effect of 

 fraud and collusion in granting certificates, and in relation 

 to contracts generally, see Chap. XIV., 14, 15, post; and as 

 to bias of an arbitrator, see Chap. XX., 35.) 



6. Civil engineers. A civil engineer has been defined 

 (0. Masselin on Responsabilite des Architects, s. 38) to be " a 

 man who has, or professes, knowledge of the design and 

 construction of works not falling within the definition of 

 dwelling-houses and churches, or like edifices, i.e., of bridges, 

 docks, harbours, canals, railways, roads, embankments, water, 

 drainage, and gas works, and factories." He need have no 

 diploma in England. 



7. Resident engineers. It is pointed out in a well-known 

 work (Hudson on Building Contracts, vol. i., p. 32) that: "In 

 the case of engineering works it is common to have a resident 

 engineer upon the works with considerable power of super- 

 vision and rejection. Such a resident engineer may be a 

 mere servant or agent of the building owners, or he may be 

 in an independent position. If he acts in the latter capacity 



