★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
C 1 Usurpation of Trusts
Usurpation of Trust - circumstances upon which the nature of the offence depends
Usurpation of Trust is where a man takes having
no right to take upon him a trust, takes it
upon him notwithstanding. Of usurpation of Trusts
there can be little here to say. The nature of
this offence will vary according to two circumstances:
1st the nature of the trust: 2. the manner
in which it is usurped.
1. As to the nature of the trust, the possible
varieties of which it is susceptible have been
already stated.
Different manners means by which a trust may be usurped
2. As to the manner in which it is usurped.
It is evident that a A trust not being a corporeal thing can not
in a direct manner be the object of Theft or of Embezzlement. If more If indeed
can it in any indirect manner, as by The right to it <add>may indeed be made dependent on the possession</add>
of a particular written instrument: and this instrument
like any other corporeal thing may be the object
of Theft or Embezzlement. There is but one supposition
supposition however on which the possession of such
an instrument could confer on the a person who
had should have stolen or embezzled it the possession of the
trust: and that it is that if the instrument
should render the trust the property of the holder
of the instrument as in the case of a common bill of exchange
for money: a supposition not very likely
Identifier: | JB/072/089/001 "JB/" can not be assigned to a declared number type with value 72.
|
|||
---|---|---|---|
072 |
penal code |
||
089 |
usurpation of trusts |
||
001 |
|||
text sheet |
4 |
||
recto |
f1 / f2 / f3 / f4 |
||
jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
||
alexander mavrokordatos |
|||
23706 |
|||