The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-09-02
From The Farmvie Mercury
ALI Fraudulent Breaches Of Trust Made
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Under the great development Of modern
civilization there las been an immense in
crease in the number OF fiduciary relations
and in the amounts Of money held and con-
trolled By men filing some office or post OF
trust In several States enactments have
been made throwing around these trusts
the protection of the criminal laws.
Governor Hubbard, Of Connecticut, in
very able message last winter, called
the attention OF the Legislature OF his
State to the importance of this very subject.
In great many instances no bonds are re-
quired, and the fiduciaries being men OF
little or no means, the civil remedy in case
OF breach OF trust would be wholly mad
equate. Our General Assembly last winter
enlarged the scope Of the statute, which be-
fore embraced only ssany officer Of public
trust" or officers OF incorporated COM
panies." Happily for US in Virginia, such
"wrongful and fraudulent" acts have been
OF rare occurrence. Occasionally commits
sioner of court has been tempted to use TEN.
porarily funds, which he hoped to be able to
replace, and then failed to realize his hopes;
SO it has been sometimes with sheritis, trus-
tees, and other tiduciaries. But rarely has
it occurred in Virginia that any ofncef,
public or private, has with such fraudulent
propriated funds not intending to replace
them. In other States OF the Union these
occurrences have been more frequent. Yet,
the new law is a very salutary lone, anu as
measure Of preventive justice" may De
gladly accepted. What higher ciVli onence
against society can be committed than tue
embezzlement, by faithless trustee. OF Tue
moneys OF married women, infants, anu
others under legal disability? Isn't II an Oh
fence really criminal in It's effects, ana there-
fore properly declared to be criminal IN lis
intentp And this act comes in, TOO, IN q
timely way, it is to be hoped, to lessen anX-
iety and distrust in another quarter. Partly
through the general sense OF the impover-
ishment and Generalization OF the times,
partly through the selfish teachings OF
demagogues, there has been great deal Of
unjust prejudice and distrust against law
yers engendercd among the people. twill
tend no doubt to dispel their needless anX-
iety to know that il any lawyer collects
money, and, failing to account for ii, applies
it TO his own use. he too may be prosecuted
for the larceny thereof. It is a fact beyond
dispute that no other class of iduciaries,
who have given as security only their oath
and "honor's pledge" have better stood the
test than the lawyers. Few, very few, are
the cases in the history Of America in which
they have proven recreant to their trust.
Yet no other class have had such large
trusts committed to them. For the benefit
Of the public the new law is published in
full. 1t Is section 10 OF chapter OF the
new Criminal Code, and may be found at
page 800. Acts OF Assembly Of 1s77-'7s:
% 10. IL any person shall wrongfully
and frauduleDtly Use, dispose OF, conceal,
or embezzle any money, bill, note, check,
order, draft, bond, receipt, bin Of lading,
or any other property which he shall have
received for another, or for his employer,
principal or baiIor, or by virtue OF his
office. trust, or employment, or which shall
have been entrusted or delivered to him by
another, or by any court, corporation, or
company, be shall be deemed guilty Of lar.
ceny thereof. y