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LARCENY EMBEZZLt & THEFT.
simple in its motive and operation as was
in its inception.
how in order before they can have to pronounce
1 that a man is or is not
guilty the members of each
Jury must have determined supposing them to have settled it / the law by which they are to try him
within themselves whether he has
or has not embezzled, & consequently
must have settled within for themselves
the meaning of the word embezzle
Theft is where no delivery at all has been made of the subject — where there is no case
either express or implied has been given to the taker so much as to touch it
Embezzlement is where the concealment of a thing in which a delivery has been made of the/a specific subject to the taker to employ it
after a specified manner specified either implied or expressed [for the benefit of the owner] — The use of it being proposed
at this time of it's being in the custody of the taker
Embezzlement
Being an not declaration The witholding of an
intention to convert to one's the embezzler's own
(has pretence color of title
so to do) a moveable valuable received +
+ for a special purpose/limited time or purpose
with the consent the good taking of the owners.
Breach of Trust is where a delivery has been of the subject to the taker to for the
purpose of his employing it employ it after a manner not specified for the benefit of the owner
Embezzlement is where a man converts a moveable to his own use without color
Title thereto or the consort of any one who has in the intention of not returning it.
Taking with consent & afterward in the of now not returning will not serve as the distinguishing characteristic
the presence of which determines an offence to be Embezzlement & the absence, a Breach
Trust
but witholding implies a continuance
without commencement; some indication
must be pitched upon of
commencement.
Taking with consent with pursuance of an intention conceived at the time of taking not to return
will serve for that characteristic — But the question here recurs what different
in the mischief accompanies that distinction?
The idea, however vague, with some, which
every man has of this offence
enables permitts one to enter into some
discourse concerning it preliminary
to a formal definition
I answer none, only the only difference of any kind which should influence the punishment is that in the former case there is room given by the length of time
for one supposition of an some ambiguity intervening respecting the Title, which in the better case
is not: for in that, the of such a tolerance demonstrates (unless express evidence
to the contrary is produced
Turned back in a Circle
Instead of the definition sought
for you are still presented
in another dress with the thing term
to be defined
From use he has acquired the habit of confounding it in imagination with his own
The trusting of the thirty for length of time which will admitt of the springing up of an intention not subsisting
at the time of the first receipt indicates a degree confidence placed in the likes not
no necessary between stranger to stranger not such as a man is necessitated to put a
all men indiscriminately, but such as he puts not but expr in consequence of a choice which if he
the Law is entitled to suppose in every case miscarries in he may in some measure import it to himself. depends on as itsfor the supplement. to its own provision.
In order to express a difference
between "certain acts" out of order of acting coming under
this Title
at setting out I find myself obliged to make adopt/take up a distinction between Theft and Embezzlement — [they have
been] Confounded, indeed, by the Judges lawyers/Jurists they have however been contemplated very differently by the
Legislation; and having being to have occasion to observe note upon the difference, I must adopt a
of nomination corresponding to it.
I shall beg here to call in a term known
to the Law as well as to common
parlance in the House in which
it, I shall make an
distinction between Theft property
so called & Embezzlement
I shall carefully endeavour to draw the line of separation, that at least by me they
may be no more compounded.
It will be observed that the Technical term Larceny being a term in use amongst those Jurists has in consequence virtue/agreed by
to of such confusion been extended over many cases of embezzlement, tho' it falls short of being
ample as that of Theft; its' limitations as we have observed [being taken] [falling ] from on the side of the subject
not on that of the nature of the Act, where Theft is branded by Embezzlement.
By means of this division, cases coming within the first member of it will stand
of any ambiguity nicety or difficulty: it is the 2d that will be found to border most
kindred offences, of which the difference in point punishment makes a demand demands of a corresponding
difference of description, and of which the resemblance makes the task business of distinction more difficult
& more
Theft is where a man takes a
thing, in the intention of converting
it to his won use, without color
of Title so to do i:e: so to convert it
EMBEZZLt Definition [BR]1][
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Identifier: | JB/070/222/002 "JB/" can not be assigned to a declared number type with value 70.
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of laws in general |
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222 |
larceny embezzlt & theft |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield emblem]]] |
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