Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

1388 THE JUDICIARY [PART VI free or subject to lawful conditions, or any respite of the execution of the sentence of any such offender, for such period as to you may seem fit, and to remit any fines, penalties, or forfeitures which mav become due and payable to Us. Clause XIV of Instructions to Governor, dated February 23, 1872. And whereas We have, by Our said Commission, autho- rized and empowered you, as you shall see occasion, in Our name and on Our behalf to grant to any offender convicted of any crime in any Court, or before any Judge, Justice, or Magistrate within Our said Colony, a pardon, either free or subject to lawful conditions: Now We do hereby direct and enjoin you to call upon the Judge presiding at the trial of any offender who may from time to time be condemned to suffer death by the sentence of any Court within Our said Colony, to make to you a written Report of the case of such offender, and such Report of the said Judge shall by you be taken into consideration at the first meeting thereafter which may be conveniently held of Our said Executive Council, where the said Judge may be specially summoned to attend ; and you shall not pardon or reprieve any such offender as aforesaid, unless it shall appear to you expedient so to do, upon receiving the advice of Our Executive Council therein ; but in all such cases you are to decide either to extend or to withhold a pardon or reprieve, according to your own deliberate judgement, whether the members of Our said Executive Council concur therein or otherwise ; entering, nevertheless, on the Minutes of the said Council, a Minute of your reasons at length, in case you should decide any such question in opposition to the judgement of the majority of the members thereof. These instruments leave, as will be seen, vague the case of all but capital cases, and great confusion naturally resulted. The practice differed very much ; in most of the Australian states the matter was treated as a matter for considera- tion in Executive Council, and dealt with accordingly, the Governor reserving a more free hand than usual in these matters. Then in New South Wales the case was different ; the ministers used never to advise at all, and the matter was disposed of without necessarily any reference to ministers whatever. On October 4, 1869, the Secretary of State told 1 Parl, Pap., C. 1202, p. 1.

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