[clx. 441]

1822 July 26

Constitut. Code

In general where /when/ corruption is spoken of as having place two parties are considered as having been concerned in it the one a party corrupting a corrupter - by whom the matter of corruption has been administered; the other a party corrupted - say a corruptee, to whom it has been administered and if received by whom it has been received

But the same effect may be, and is produced in cases where no such two parties have place: where the benefit in question being a benefit which ought to have been applied to the use of another party - say of the community at large, say of any individual or individual members of it, has by the party in question it being at his disposal, applied to his own use, or what comes to the same thing to the use of some other person or persons to whose use it ought not to have been applied.

In this case, if two parts to the act are to be considered as having place it is by one and the same person that the two parts are acted: the same person is at once corrupter and corruptee: left hand corrupts right.

Case 1 In the character of a trustee suppose a man to have in his hands money, in trust to apply it to the use of another stiled in common language his principal, in lawyers language his [...?-qui-trust. If instead of to the use of his principal he applies it to his own use, here coruption has place, but the act by which it is performed is not one commonly called corruption: it is more commonly called embezzlement or peculation: it might /may/ however without impropriety be stiled an act of self-corruption.