JB/064/043/001

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1827 June 26th
Penal Code

Ch. XI Offences agst Trust
§.

13 contind.
different are given
to offences producing
the same mischief
when committed
by trustee
as when committed
by a stranger.
Example Embezzlement
& Peculation.

Ch. VI.

1
Offences agst
Trust – as Deception
not substantive
offences but
capable of being
mixed up with
every species of
Offence.

2
Person to whom
the power is given
called trustee, the
for whole benefit
it is intended
to be exercised inaptly
called in
English practice
cestui qui trust
in Rome bred Law
more aptly fide-
Committee may
be still more aptly

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Ch. VI Offences agst Trust
§.

2 contind.
named intended
benefitee.

3
In every private offence
wrongee &
wrongdoer may be
considered as intended
benefitee & trustee
eith trustor either the
intended benefitee
or some other person.

4
Offences agst Trust
not a class ofsubstantve
offences.

5
Means of repression.
Principle of anti-
demands aggravation. Greatest
happiness principle
demands extenuation.
Reason diminution
in this case of the evil
of the 2nd Order.

Remedies applicable
for the benefit of
people at large applicable
also for
that of an intended
benefitee & at the
charge of his trustee & moreover dislocation

(35)

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Ch. XI Offences agst Trust
§.

5 contind.
from the trust operates
as punishment
of trustee.

6
Antagonising observation
trust gives
increase of mischievously
applicable
power. Still no
reason appears
for exercise of
means of repression
for suppose a multitude
of offences
the form of those
offences remediable
by a proportionate
form of increase of
repression.

7
Theft committed by
individual at
large becomes embezzlement
when
committed by a trustee
at the charge of
his intended benefitee.

Identifier: | JB/064/043/001 "JB/" can not be assigned to a declared number type with value 64.
Date_1	1827-06-26	Marginal Summary Numbering	13 continued, 1-7
Box	064	Main Headings	Penal Code
Folio number	043	Info in main headings field	Penal Code
Image	001	Titles	Ch. XI Offences agt Trust
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C35
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	20397
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