12
the delivering of them up-
It is
necessary to be observed that the three paragraphs into which the Article is divided are distinct the one
from the
other
To the precedents alluded
to by the Governor of Macão I am referred by Mr Smith. I think that, probably, the Officers administering the Government of this Colony
at the time when the deserters
were
given up, acted from motives of courtesy and of course if His Excellency chooses to act upon the same principle
it is not my duty to offer
469
opinion to the Contrary-
I conceive it to be my duty
to advise upon the
matter of law only and, that being so, I am perfectly satisfied
that no legal demand can be made for the delivering up of-
deserters, under the article referred to, and the matter may be tested thus, if one of these deserters be arrested by a Police Officer in this Colony where is the defence to an Action of trespass by the deserter for false imprisonment? I can
see none