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1826. July 31.
Penal Code.Ch. XI. Offences agst Trust.
During a certain period at the commencement
of their lives, all persons without exception are by the
very nature of man placed in the situation of
intended benefitees: within the power of their respective
parents they are placed in fact; and in every
civilized community, by means of the obligations
attached to it, that power is converted into a trust.
The like may be said in relation to the wife, during
the continuance, and in virtue of the conjugal
contract. The case In like manner, the
ward in her relation to the guardian, who, on the
event of death, or relative incapacity, occupies the
place of the parent.
In the case of about one in every thousand,
the case of insanity creates the need of a similar
relation between the person of insane and some
person of sane mind.
The intended benefitee may be either a single
individual, the whole community at large,
a section of the community, to wit a section
which is the result of the first division made
of the whole territory of the state; or the several
portions of the territory which are the results
of successive sectional operations: territory out
of the question, groups of intended benefitees may be
formed by aggregations of individuals, instead of division
of aggregates. Of all these diversifications, the
most prominent and most influential in practice
are those by which a trust is distinguished into
private, public and semi-public: private that in
which the benefitee is some individual person or not knot
of individual persons knit together by the pursuit of some common private object.
2.
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