RIGHT OF PARDON. 
171 
subject to lawful conditions, or any respite of the execution 
of the sentence of any such offender for such period as to our 
said Governor-General may seem fit, and to remit any fines, 
penalties, or forfeitures which may become due and payable 
to us. 
«Provided always, that our said Governor-General shall not si 
in any case, except where the offence has been of a political 
nature, make it a condition of any pardon or remission of 
sentence, that the offender shall be banished from or shall 
absent himself from our said Dominion. 
« And we do hereby direct and enjoin that our said 
Governor-General shall not pardon or reprieve any such 
offender without first receiving in capital cases the advice of Advice of 
the Privy Council for our said Dominion, and in other cases Sly 
the advice of one at least of his ministers; and in any case in 
which such pardon or reprieve might directly affect the 
interests of the Empire or of any country or place beyond the 
jurisdiction of the Government of our said Dominion, our 
said Governor-General shall before deciding as to either 
pardon or reprieve. take those interests specially into his 
own personal consideration in conjunction with such advice 
as aforesaid.” 
Tt will be observed that a distinction is drawn in these 
Instructions between three classes of cases, (1) Capital offences, 
(2) Non-capital offences, (3) Offences capital or non-capital 
affecting either Imperial interests or those of any country 
outside the Dominion. In cases of the first class the Governor- Capital | 
General is not to act without receiving the advice of his 
ministry; in cases of the second class he must consult one Non- 
minister, who will usually be the Minister of Justice ; whilst orm 
in the third class, in addition to consulting his ministry or Offences 
one minister as the case may be, he is required to take anal 
the interests of the Empire or foreign country specially into Tntarests. 
account. 
The Instructions do not in express terms require the