hereby annulled, the sentence found informal, and consequently the accusation could not be proceeded with against the Appellant, who is declared acquitted of the charge, and the costs are to be paid by the Respondents. New You, 20th April, 1847. (Signed) Souza. Silva Loube. Azevedo
Outooted as to taking cognizance, because the violation alleged scarcely authorizes appeal against the proceedings. (Signed) H. P. Collaço
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The Supreme Tribunal decrees that the appellant was wronged by the sentences against which he appeals. Whereas though it is difficult to know whether the appellant by the act under consideration had or had not the intention of committing the offence of embezzlement, for although in these proceedings some appearances are against him, nevertheless the good reputation which he before enjoyed is in his favour, and the fact of his having returned to Canton after the first Contract, and having sought for his creditors and made new agreements with them, receiving back the drafts he had given on the ship and given passing promissory notes, renders it highly improbable that the appellant should have intended to commit the offence, with which he is charged; when he made the first agreement, allowing that he had been guilty of embezzlement, the appellant being a Portuguese subject, and Canton, (Chinese territory) where the offence was committed, he ought not to have been