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Virtute officii

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VIRTUTE OFFICII. By virtue of his office. A sheriff, a constable, and some other officers may, virtute officii, apprehend a man who has been guilty of a crime in their presence.



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In the absence of some such provision, the presumption would be that an officeholder with powers virtute officii has fiduciary powers(151) that must be exercised exclusively in the interests of the beneficiaries under the trust so that it would be a fraud on the power to exercise the power to benefit the settlor, not being a beneficiary.
 
 
 
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