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March 17. 1826
Penal Code.B.1. General Titles
Cap. VI. Offences vs Trust.
in Rome-bred law he is styled in some cases
not uncharacteristically, fidei committee.
His interest being confided to the care of
the trustee, call him the confidee.
To every private offence without exception,
a circumstance capable of being
superadded is this, to wit, that the party
wronged by the office is stands with reference to
the delinquent, in the relation of confidee,
the delinquent himself occupying in virtue
of that same relation the situation of trustee.
As to the person, by whom the trust is created,
he may be either a person other
than the confidee, or the confidee himself:
And by of one and the same person the two situations,
namely of trustor and confidee,
may both of them be occupied. Of the two
cases, the most commonly exemplified;
or the person possessing this double character,
may also occupy the third character,
to wit, that of trustee, provided that the
character of confidee be occupied not
by him alone, but by him in conjunction
with others.
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