cap. iv] THE PREROGATIVE OF MERCY 1387 
the Governor, for the enactment is intended to do that. In 
most other cases of such enactments this new mode of pardon 
is given to the Governor in Council, and it has been expressly 
held that this does not subject the Governor in Council to a 
mandamus to grant release even if the conditions are fulfilled. 
But that the prerogative could not be barred, as the Canadian 
Chief Justice was inclined to hold, is a misunderstanding and 
a confusion of thought ; it is indeed very unlikely that the 
Crown would consent to the barring of the prerogative, but 
it could certainly be barred. 
In the days of Crown Colony government the power of the 
Governor was restricted, as a rule, by limitations on his power 
of remitting fines and forfeitures over £50 or £100, these 
being parts of the royal revenue and therefore not lightly to 
be dealt with. This restriction was removed entirely on 
responsible government, when the Government became en- 
titled to all the revenue and when the need of reference 
home would have been absurd. The letters patent and 
instructions then in force may be illustrated by the following 
examples of the instruments in the Colony of New South 
Wales :— 3 
Clause VI of Governor's Commission, dated February 23, 1872 
And We do further authorize and empower you as you 
shall see occasion, in Our name and on Our behalf, when any 
crime has been committed within Our said Colony, to grant 
a pardon to any accomplice, not being the actual perpetrator 
of such crime, who shall give such information and evidence 
as shall lead to the apprehension and conviction of the 
principal offender; and further 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 
" Horwitz v. Connor, 6 C. L. R. 39. 
* The Crown, of course, could still pardon, despite the delegation by 
letters patent, as was pointed out by the C.J. in the Canadian pardoning 
case, 23S. C. R. 458, at p. 468. Butif barred by Act (which has local effect) 
could it so pardon? The answer seems, No; the action of the Crown is as 
part of the Colonial Government, and is bound by a local Act, though the 
King lives outside the Colony. Contrast (as to appeals) Wheeler, Con- 
federation Law, pp. 34 seq. with Thompson in Canada Sess. Pap., 1889, 
No. 77, p. 5. 8 Parl, Pap., C. 1202, p. 57.