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1826. July 31.
Penal Code.Ch. XI. Offences as of Trust.
As to the objects capable of being made,
and accordingly in practice made the subject matters
of power thus modified, exceptions excepted to
a very small extent, they are the same as those
which are capable of being exercised by the power
holder for his own benefit: that is to say, person,
body and mind included, reputation, property in
all it's shapes, and condition in life.
So many of these subject matters, so many
accordingly are the species of offences capable to
being committed – in the first place against a
Trustee, as such, in the next place, by a Trustee,
as such, in breach of his Trust, and at the charge
of the intended benefitee.
For the most part, no variation is
made in the denomination of the offence by
either of these circumstances: an act of wrongful
vexation will be still an act of wrongful vexation,
whether committed exercised by the Trustee, at the charge
of his benefitee; or whether committed by a stranger
at the charge of the same benefitee. In cases, however,
though to a comparatively narrow extent, an
offence committed by a Trustee in violation of his
trust, receives a denomination, altogether different
from that which is given to an offence productive
of the same mischief, where the offender is not a
Trustee: These cases is that are those of embezzlement and peculation; subject-matter
of the offence, in both cases, property: mischief
the converting to the Trustee's own use, property which
should have been converted to the use of the intended
benefitee: this is embezzlement: peculation is the offence by
which, at the charge and to the loss of the intended benefitee
money in some shape
or other is obtained
and converted
to his own at use
by the Trustee.
Identifier: | JB/068/253/001 "JB/" can not be assigned to a declared number type with value 68.
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