wrongful
non-investment of trust, and wrongful interception of trust, where the
trusteeship is to his benefit; or (2) where it is troublesome, wrongful
imposition of trust. Both may similarly be offences against the
beneficiary. As regards the exercise of the trust, we have negative
breach of trust, positive breach of trust, abuse of trust, disturbance
of trust, and bribery.
We may now distribute class one--offences against the individual--into
_genera_; to do so with the other classes would be superfluous. Simple
offences against the person are actions referring to his actual person,
body or mind, or external objects affecting his happiness. These must
take effect either through his will, or not. In the former case, either
by constraint, or restraint, confinement, or banishment.
In any case the effect will be mortal or not mortal; if not mortal,
reparable or irreparable injury when corporal, actual, or apprehended,
sufferance when mental. So the list stands--simple and irreparable
corporal injuries, simple injurious restraint or constraint, wrongful
confinement or banishment, homicide or menacement, actual or apprehended
mental injuries. Against reputation the _genera_ of offences are (i)
defamation, (2) vilification. Of offences against property, simple in
their effects, whether by breach of trust or otherwise, the _genera_
are: wrongful non-investment, interception, divestment, usurpation,
investment, of property; wrongful withholding of services, destruction,
occupation, or detainment, embezzlement, theft, defraudment, extortion.
Of complex offences against person and reputation together: corporal
insults, insulting menacement, seduction, and forcible seduction, simple
lascivious injuries. Against person and property together: forcible
interception, divestment, usurpation, investment, or destruction of
property, forcible occupation or detainment of movables, forcible entry,
forcible detainment of immovables, robbery.
As to offences against condition: conditions are either domestic or
civil; domestic relations are either purely natural, purely instituted,
or mixed. Of the first, we are concerned only with the marital,
parental, and filial relations. Under the second head are the relations
of master and servant, guardian and ward. In the case of master and
servants, the headings of offences are much like those against property.
Guardianship is required in the cases of infancy and insanity; again the
list of of
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