JB/072/084/004

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12 C Diss. Refusal of Trusts

outweigh the profit of the offence.

How the same omission which is consider'd in different lights before acceptance of the trust is consider'd in one light, and after acceptance of the trust It may be proper on this occasion to explain
what is meant by the acceptance of a
trust. The acceptance of a trust can be nothing
but an act of the expressive or declaratory kind, the purport
of which is to express the consent of the party to
engage in that course of conduct wh in the pursuing
of which the due execution of the trust consists.
Now this act of consent is the work
of a moment: and as such the performance of
it may be obtained by compulsion once applied.
At the same time it is plain that it is not
from by such act alone that any good purpose can
be effected. The benefit in virtue is not the bare
assumption of the trust but the due discharge
of it. But the due discharge of it being depending a long-continued
course of conduct can not be obtained
by any such compulsive process: since to the discharge
the trust a man must be in one place, &
to undergo the compulsive punishment he must be
in another. The case is then, that when once
a man has taken upon him the trust, the obligation
of fulfilling it must be corrected kept up by some other
means: to wit by means of ordinary punishment. If

Identifier: | JB/072/084/004 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	not numbered
Box	072	Main Headings	penal code
Folio number	084	Info in main headings field	refusal of trusts
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f9 / f10 / f11 / f12
Penner	jeremy bentham	Watermarks	[[watermarks::s. lay [britannia with shield motif]]]
Marginals	jeremy bentham	Paper Producer	alexander mavrokordatos
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23701
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