CO129-024 - Bonham - 1848 [3-6] — Page 337

10.

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,

are to be paid by

and the costs

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

1

11.

334

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 precedings

in these proceedings some appearances

au

against him, nevertheless the good repulation 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

ship and

on the

d 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 agreemen .

allowing that he had been guilty of

But

even

embezzlement, the appellant being a Portuguese

subject, and Canton, (Chinese territory)) where the offence was committed, he ought not to have been

E