_Embezzlement_ is a sort of swindling, with this difference, that "if the criminal has betrayed the confidence which has been placed in him, he has not solicited this confidence by criminal maneuvers." Among these may be classed: 1, taking improper advantage of the wants of a minor; 2, misuse of letters of confidence; 3, embezzlement of trusts; 4, the abstraction of documents produced in court.
We have to point out still several other kinds of theft: for example, theft at _gambling_ or _cheating_; theft of public moneys or peculation, etc.
In one word, under whatever form it may be concealed, misappropriation of another's goods is always a _theft_. In popular opinion it often seems, as if theft really takes place only when the criminal takes violent possession of another's property. Very often a few false appearances suffice to conceal to the eyes of easy consciences the hatefulness and shamefulness of fraudulent spoliations. One who would scruple to take a piece of money from the purse of another, may have no scruple in deceiving stockholders with fictitious advertisements, and appropriate capital by fraudulent maneuvers. Theft thus committed on a large scale is still more culpable, perhaps, than the act of him who, through want, ignorance, hereditary vices, never knew of any other means of living than by theft.
=48. Restitution.=--He who has taken possession of anything that belongs to another, or retains it for any cause, is held to restitution as a reparation of his fault. This restitution must be made as soon as possible; otherwise it is necessary to obtain an extension of time from the injured person. If the thing has been lost, restitution should no less be made under some form of _compensation_. Restitution is independent of the penalty attached to the damage and fault.
=49. Promises and contracts.=--We have seen above that it is an absolute obligation for man to use language only so as to express the truth. Hence every word given becomes essentially obligatory. But it is as yet only a duty of the man towards himself. We have to see wherein and how the word given may become a duty towards others. This is the case with _promises_ and _contracts_.
_Promises._--A promise is the act whereby one gives his word to another either to give him something or do something for him.