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 Nonminister,
 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