★ Find a new page on our Untranscribed Manuscripts list.
Auto loaded |
No edit summary |
||
Line 1: | Line 1: | ||
'''[{{fullurl:JB/072/089/001|action=edit}} Click Here To Edit]''' | '''[{{fullurl:JB/072/089/001|action=edit}} Click Here To Edit]''' | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
'' | <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> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
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. |
|||
---|---|---|---|
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 |
|||