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March 17. 1826
Penal Code.B.1. General Titles
Ch. III. Offences vs Trust.
Cap. VI.
§. Of Offences against trust.
Art. 1. As in the case of deception, so
in the case of trust, the species of delinquency,
characterized respectively by those denominated,
is not of itsel a substantive offence, but is characterised
by a circumstance, which is capable
of mixing itself indiscriminately with every
species of offence.
Wheresoever power is given to a
man person, the party for whose benefit it is given
to him and whose interest is confided to his case, say the confidee, is either himself, or some other, or
both. In so far as it is some other, a trust
is said to be created, the party, for whose benefit on whom
the power is conferred is styled the Trustee,
and the party for whose benefit, it is intended
that the power should be exercised, is styled in has, as yet
English Law been designated, by the obscure
and antique denomination of cestui qui trust:
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