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<head>C 1</head>
<head>Usurpation of Trusts</head>
 
<p><note>Usurpation of Trust - circumstances upon which the nature of the offence depends</note>
Usurpation of Trust is where a man <del>takes</del> having<lb/>
no right to take upon him a trust, takes it<lb/>
upon him notwithstanding. Of usurpation of Trusts<lb/>
there can be little here to say. The nature of<lb/>
this offence will vary according to two circumstances:<lb/>
1<hi rend='superscript'>st</hi> the nature of the trust: 2. the manner<lb/>
in which it is usurped.</p>
 
<p>1. As to the nature of the trust, the possible<lb/>
varieties of which it is susceptible have been<lb/>
already stated.</p>


<p><note>Different <del>manners</del> <add>means</add> by which a trust may be usurped</note>
2. As to the manner in which it is usurped.<lb/>
<add>It is evident that a</add> <del>A</del> trust not being a corporeal thing can not<lb/>
<add>in a direct manner</add>  be the object of Theft or of Embezzlement. <del><unclear>If</unclear> more</del> <add><del>If indeed</del></add><lb/>
<del><unclear>can</unclear> it in any indirect manner, as by</del> <add>The right to it <add>may indeed</add> be made dependent on the possession</add><lb/>
of a particular written instrument: and this instrument<lb/>
like any other corporeal <add>thing</add> may be the object<lb/>
of Theft or Embezzlement. There is but one <del>supposition</del> <add><del><gap/></del></add><lb/>
<add>supposition</add> however on which the possession of such<lb/>
an instrument could confer on <del>the</del> <add>a</add> person who<lb/>
<del>had</del> <add>should have</add> stolen or embezzled it the possession of the<lb/>
trust: and that <del>it</del>is <del>that</del> if the instrument<lb/>
should render the trust the property of the holder<lb/>
of the instrument as in <del><gap/></del> <add>the</add> case of a <add>common</add> bill of exchange<lb/>
for money: a <del><gap/></del> supposition not very <add>likely</add></p>




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Revision as of 14:43, 16 July 2012

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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 itis 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.

Date_1

Marginal Summary Numbering

Box

072

Main Headings

penal code

Folio number

089

Info in main headings field

usurpation of trusts

Image

001

Titles

Category

text sheet

Number of Pages

4

Recto/Verso

recto

Page Numbering

f1 / f2 / f3 / f4

Penner

jeremy bentham

Watermarks

[[watermarks::s. lay [britannia with shield motif]]]

Marginals

jeremy bentham

Paper Producer

alexander mavrokordatos

Corrections

Paper Produced in Year

Notes public

ID Number

23706

Box Contents

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