in which the case of the King agt Depardo is quoted and is as follows.
"But quære whether a foreigner voluntarily,"
"contracting to serve on board an English"
"Ship might not reasonably be considered"
"to be (during the continuance of such service)
"within the King's protection and consequently"
"to owe that local and temporary allegiance"
"which is due from every alien while he"
"continues within the King's dominions." Bla: Com: 370. For otherwise a foreign sailor
"engaged on board an English Merchantman"
"might murder any of the crew with impunity"
"who happened to be on shore out of the"
"British dominions. If he was employed"
"on board a King's Ship he could no doubt"
"be dealt with according to martial law"
"but if the case of the King agt Depardo"
"is to be recognized as law, there appears"
"no other remedy for the punishment"
"of a murder of this description than having"
"recourse to the principle of the"
"lex talionis."
It will be seen that in both the cases
I have cited the accused parties were put
upon their trial.
My opinion of the case now under consideration is that Lacrase having voluntarily put himself under the protection of the English Law, is subject
to that law and having committed an
offence on board an English ship is liable
to be punished for it by the Law he has chosen for himself. But even allowing that such an opinion should finally prove to
be an incorrect one I should still recommend
that he should be put upon his trial and
Convicted
# 1 DEX.
in which the case of the King agt Depardo is quoted and is as follows.
"But quære
whether a foreigner voluntarily," "
" contracting to serve on board an English " "Ship might not reasonably be considered" " to be (during the continuance of ouch service
" within the King's protection and consequently "
" to owe that local and temporary allegiance
" which is due from every alien while he
a
"
continues within the King's dominions / "Bla: Com: 370. For otherwise a foreign sailor
"engaged
board an English Merchantman"
W
" might murder any of the crew with impunity "who happened to be on shore out of the
"British dominions. If he was
employed
th
"
"on board a King's Ship he could no doubt"
"be dealt with according to martial law
"but if the case of the thing agst Depardo
is .
و"
201
" is to be recognized
"to be
as law, there appears
no other remedy for the punishment "
" of a murder of this description than having"
Summary
recourse to the principle of the "
"lex tationis "
It will be seen that in both the cases
I have cited the accused parties were put
upon their trial.
My opinion of the
case
now under consideration is that Lacrase having voluntarily put himself under the protection of the English Law, is subject
to that law and having committed
offence
on
board
An
Ar
English ship is liable
to be punished for it by the Law he has chosen for himself. But even allowing that such an opinion should finally prove to
be an incorrect one I should still recommend
that he should be put upon his trial and
Convicted
#
1
DEX.
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