prosecuted at Macão, in accordance with the provisions of Art. 9 of the Reformed Code; (which are also laid down in Art. 862 t. 21 of the latest Code), where there is a perfectly clear enumeration of the crimes, which were committed by Portuguese subjects
- foreign countries, can
in
in
can be
- investigated and punished
· Portugal or her possessions.
Considering also that the declaration at
et fol.
179, by the Procurador of the Senate of Macáo, which is only now annexed by the Attorney General, does not interfere, because practice
should never
prevail
the inconveniences.
in his
answer at.
over
Law, neither should.
alleged by the Judge a quo
- fol. 180 have
any weight, for
it is not the province of this tribunal but of
the
these
Legislative power to remove them. For all
reasons they admit the appeals at
- fol. 38 and 140, preferred by the appellant João Caetano Marçal, and in consequence, annul all the proceedings, and order that he be set at liberty, and that the respondents
pay the costs.
New York, 3rd Sept. 1847,
Outvoted on
(Signed). Silva Loube
Soreza
Azevedo
335
grounds founded on Art. 143, as
to taking cognizance of the other two, and appeals of ratification, on account of its illegality
Present. (Signed) H.P. Cottage True Copy
Office of Secretary to the Government of
the Province of Macão. 15th December, 1847
.
(Aqueued) Anto J. de Miranda,
Secretary to Government
True Copies
(Signed) C. B. Hillier
Chief Magistrate