preferred against the appellant byrians
Antonis Pacheco, and that the parties who preferred the charges pay the costs.
New Gyon 20th April, 1847.
(Signed) Souza _ (Signed) Silva Lobe
Azevedo.
"
—
Noted as to taking cognizance only, because the violation alleged authorizes only appeal
on
the
— proceedings, and the value of the proof is to be exclusively determined by the Judge without appeal.
(Signed) F. P. Collage.
The Supreme Tribunal decrees that they hereby take cognizance of the present appeal preferred by the Advocate Francisco
d'Assis
e
at fol.
the sentences
Fernandes against and fol. merely because the
provisions of Ordinance lib. 5 t. 66 so strongly
Alvara
enjoined by of 13th November, 1756 had been disregarded. Whereas although it
should evidently have been shown that some
332
amount of money belonging to the principal, João Bastano Marçal, was in the possession
of the Appellant, which does not appear, but on the contrary from the answers
of the former to
the
interrogatories put to him, it appears that he is indebted to the appellant in the sum of three hundred dollars; it was indispensably necessary
in order that Criminal proceedings
should be instituted against him, that he should have been previously directed to re-imburse that amount and have refused
to do so, which is not shown to have taken
place, neither does it appear that the failure of the principal had been publicly noticed,
as is
• requisite according to Art. 1129 of the Commercial Code, and therefore, in default of these other proofs
essential requisites, of actual evidence or
that
might have been shown that the appellant
gave assistance or advice in the perpetration
of the offence of which the principal is accused (which even cannot, from the obscure
...
6.
prefereed against the appellant byprians
Antonis Pacheco, and that the parties who preferred the charges pay the costs.
New Gyon 20th April, 1847.
(Signed) Souza _ (Signed) Silva Lobe
Azevedo.
"
-
Ontooted as to taking cognizance only, because the violation alleged authorizes only appeal
on
the
- proceedings, and the value of the proof is to be exclusively determined by the Judge without appeal.
(Signed) F. P. Collage.
The Supreme Tribunal decrees that they hereby take cognizance of the present appeal preferred by the Advocate Francisco
d'Assis
e
at fol
the sentences
Fernandes against and fol. merely because the
provisions of Ordinance lib. 5 t. 66 so strongly
Alvara
enjoined by of 13th. November, 1756 had been disregarded. Whereas although it
should evidently have been shown that some
332
amount of money belonging to the principal. João bastano Marçal was in the possesion
of the Appellant, which does not appear, but on the contrary from the of the former to
the
he
andwers
interrogatories put to him, it appears that is indebted to the appellant in the sunris of three hundred dollars ; it was indispensably) necessary
in order that Criminal proceedings
should be instituted against him, that he should have been previously directed to re-imburse that amount and have refused
to do so, which is not shown to have taken
place, neither does it appear that the failuro of the principal had been publicly noticed,
at is
• requisite according to Art. 1129 of the Commercial lode, and therefore, in default of these other proofs
essential requisites, of actual evidence or
that
might have been shown that the appellant
nee
gave assistance or advice in the perpetration : of the offence of which the principal is accused (which even cannot, from the obscure.
DE
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