★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1827 June 26th
Penal Code
Ch. XI Offences agst Trust
§. 2
Offences agst Trust
1 agst trustees as
such 2 by trustees
Offences agst trustees
as such are those
which are agst intended
benefitee.
In both cases demand
for punishment
considerable.
Principal remedy
choice of apt trustee.
Evil of the offence
to be considered 1 whether
it be encreased
by the circumstances
of the trust 2 whether
the demand
for punishment be
encreased.
Demand for
punishment founded
upon the sentimental
principle
breach of confidence.
If any demand
for encrease of punishment
it would
be in the shape of ignominy
attached to
the offence.
---page break---
Ch. XI Offences agst Trust
§. 2
But very different
the demand for punishment
where property
alone is the subject
matter of the offence.
Ch. VI. Offences agst
Trust are extend
over the whole field
of delinquency.
Where no trust no offence
agst Trust.
Use of this classification
preventing the
Legislator from being
betrayed by sentimentalism.
The addition of trust
as that of falsehood
may form an
act otherwise not detrimental
into a
wrong. Ex competition
with intended
benefitee.
The degree of antipathy
commonly
taken as the measure
of punishment.
In no small degre
delusive this practice
(36)
---page break---
Ch. XI Offences agst Trust
§. 2
If in certain cases
the wrong is created
by the connection
with the trust
in others this circumstance
lessens
the wrong.
Identifier: | JB/064/044/001 "JB/" can not be assigned to a declared number type with value 64.
|
|||
---|---|---|---|
1827-06-26 |
Not numbered |
||
064 |
Penal Code |
||
044 |
Penal Code |
||
001 |
Ch. XI Offences agt Trust |
||
Marginal summary sheet |
1 |
||
recto |
C36 |
||
20398 |
|||