JB/064/040/001

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1827 June 22nd
Penal Code and Civil CodeB.1. Offences collectively

Offences affecting Trusts
Sectn consideranda

I Of offences against
Trust no exposition
can be given but by
exposition of the
word itself

II – Trust the name
of a relative idea –
correlative ideas, –
more than one, must
be brought to view.

III – Power a necessary
groundwork –
Trust therefore admits
of every variety of
which power is susceptible.

IV Subject matters
of consideration –
1 Factitious entitites
created – 1 a power
2 a service – 3 a benefit
4 an obligation.

V – 1. Parties concerned.
Primary trust founder
or say trust or the sovereign
2. Secondary trustor
any individual
3. A Trustee or aggregate
of Trustees
4. The intended
benefitor or aggregate
of benefitors

VI – Ends in view
the conferring the
power & imposing
the obligation of
conferring the intended

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Offences affecting Trusts
§. Consideranda

6 continued
benefit.

7
4. Conditions of the
intended benefitee corresponding
to the division
of offence into –
1 Offences affecting individuals.
2. Affecting
a class of individual.
3. Affecting the whole
community.

8
5. Benefit intended
nature shape quality
& seat

9
6. Condition of
trustees – 1 Public – 2
semipublic 3 private.

10
1 Public Trustees are
public functionaries composing
the official establishment
in Court
Code. 2 semipublic
are functionaries belonging
to the several sub-legislatures.
3 Private
are – 1 of a Domestic
Trust 2 of a miscellaneous
trust

11
Domestic Trusts arise
from relations of matrimony
& consanguinity
2 from factitious
relations as between
master & servant.

(1)

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Offences affecting Trusts
Trusts created by Domestic condition

In a domestic Trust
In so far as the power
is charged with obligation
to confer a
benefit the relation
borne by the power-holder
to the subject
party is that of guardian
to ward.

13
Examples Husband
to wife – Father to
Child.

14
Relations of a mother
to her husband the
father & to her child
more complex.

15
Case I – All those
alive and a child
under age. Mother
& child are fellow
servants to the Husband
Father – add the Trust
they are fellow wards.

16
Case II – The husband
father dies – no last
will. The above-mentioned
mastership
and guardianship
how shall they be disposed
of?

17 Natural candidate
for both situations
the widowed mother.

18
Case III Deceased
husband Father
leaves a post mortuary
decision. Qy that the

Identifier: | JB/064/040/001 "JB/" can not be assigned to a declared number type with value 64.
Date_1	1827-06-22	Marginal Summary Numbering	7-18
Box	064	Main Headings	Civil Code; Penal Code
Folio number	040	Info in main headings field	Penal Code and Civil Code
Image	001	Titles	Offences affecting Trusts - Sects consideranda
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	20394
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