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Definition of crime and distinction between crimes and torts considered-
Accident-Duress-Insanity-Infancy-Drunkenness-Ignorance of law
The Sovereign-Reason for the constitutional maxim, "The king can do no
TREASON AND OFFENCES AGAINST GOVERNMENT.
Treason-Treason felony-Piracy-Slave trade-Provisions of the Foreign
Enlistment Act-The law with regard to ambassadors-Offences
against public order-Affray-Rout-Right of public meeting-The
Riot Act-Statute protecting the deliberations of Parliament-Bigamy
-Common nuisance-Vagrancy-Drunkenness-Offences against
public justice, viz., Extortion-Oppression-Embracery-Mainten-
ance Champerty-Common barratry - Perjury - Subornation of
OFFENCES AGAINST RELIGION AND MORALS.
The law with regard to apostacy and blasphemous libel considered—
Statutes dealing with the offence of disturbing religious worship—
Homicide defined-The three kinds of homicide, viz., 1. Justifiable;
2. Excusable; 3. Felonious-Murder and manslaughter defined—
The meaning of the term "Malice aforethought" considered—Implied
malice-Attempt to murder-Woundings and acts endangering life—
Procuring abortion-Rape-Abduction-Criminal Law Amendment
Act, 1885-Alteration in law of evidence-Common assault-Battery
-Defences to charge of battery ..
Definition of larcency-Simple and compound larcency-The various
ingredients of the offence of larcency considered-The law as to
robbery-Embezzlement-False pretences-Receiving stolen goods
-Appropriation by factors or agents-Burglary-Housebreaking-
Forgery-The False Personation Act, 1874-Malicious injuries to
Courts of summary jurisdiction-Various modes in which a prosecution
may be commenced enumerated-Provisions of the Vexatious Indict-
ments Act, 1859, and Acts extending its operation, considered-
Provisions of the Law of Libel Amendment Act, 1888, as to the com-
mencement of criminal prosecutions-Mode in which the preliminary
inquiry is conducted-Courts for the trial of criminal offences upon
indictment The preferment of the bill of indictment to the grand
jury-Limited power of amendment in criminal cases—The various
pleas considered-Challenge, trial, and subsequent proceedings-
Writ of error-Court for the Consideration of Crown Cases Reserved
-Appeals to Courts of Quarter Sessions-Settlement of paupers-
Ir has already been pointed out that by the 34th section of the Judicature Act, 1873, which came into operation on the 2nd of November, 1875, certain business has, subject to the power of transfer vested in the High Court of Justice, been assigned to the Chancery Division. These subjects, along with others, which seem to fall most appropriately within this portion of our work, shall now be considered in the following order :
A trust may be described generally as an obligation affecting Definition property, legally vested in one or more (the trustee or trustees), which obligation he is, or they are, bound to perform, wholly or partially, for the benefit of another or others (the cestui que trust or cestuis que trust) in whom the equitable interest is vested (1). Generally speaking any property whether real or personal may be made the subject of a trust.
A trust has also been defined as a "beneficial interest in or (') Watson's Compendium of Equity, p. 959.
Definition. beneficial ownership of real or personal property unattended with the legal or possessory ownership thereof." This definition, which has been adopted by several subsequent writers, has been made the subject of somewhat severe criticism (1), but it may serve to bring clearly before the mind of the reader the general idea of a trust (2).
For the purpose of creating a trust it is necessary to have It is an (1) a settlor; (2) a trustee; (3) a cestui que trust. established rule of the Court never to allow a trust to fail for the want of a trustee. Accordingly, if no trustee be named, or if he die in the lifetime of the testator, or if he be an improper or incapable person, yet the trust shall prevail (3). "The Court has from a very early period decided that even an Act of Parliament shall not be used as an instrument of fraud; and if in the machinery of perpetrating a fraud an Act of Parliament intervenes, a Court of Equity does not, it is true, set aside the Act of Parliament, but it fastens upon the individual who gets a title under that Act, and imposes upon him a personal obligation, because he applies the Act as an instrument for accomplishing a fraud. In this way a Court of Equity has dealt with the Statute of Frauds, and in this manner it also deals with the Statute of Wills" (4). The selection of some person to act as trustee is with the settlor. Where trusts and powers require the exercise of judgment and discretion, such trusts and powers are supposed by the Court to have been committed by the testator or settlor to the trustees whom he appoints by reason of his personal confidence in them. The settlor may also so act as to constitute himself a trustee for those whom he intends to benefit (5).
Where any formalities are prescribed by law for the declaration or creation of the trust they must be observed, and the object of the trust must be lawful (6).
The subject of the creation and transfer of trusts was
(1) Underhill on Trusts, p. 2, et seq. (*) See an elaborate discussion on the early history of trusts in Lewin on Trusts, p. 1, 8th el. Littleton's definition of a trust of real property founded on the definition of a use is as follows:-"A confidence reposed in some other, not issuing out of the land, but as a thing collateral, annexed in privity to the estate of the land, and to the person touching the land, for which cestui que trust has no remedy but by subpœna in Chancery," i.e. now by an application to the Chancery Division (sect. 34 of the
Judicature Act, 1873).
(3) Gravenor v. Hallum, Amb. 643; Robinson v. Flight, 4 D. G. J. & S. 608.
(1) Per Lord Westbury in, McCormick v. Grogan, L. R. 4 H. L. 82.
(5) To render a gift or voluntary trust valid there must be what amounts to either a complete transfer of the property, or a valid declaration of trust: Richards v. Delbridge, L. R. 18 Eq. 11.
(6) Per Lord O'Hagan, Dawkins v. Lord Penrhyn, 4 App. Cas. 51, 68.