Full text: Responsible government in the Dominions (Vol. 3)

1412 THE JUDICIARY [PART VI 
were reissued, with some alterations not affecting the power 
of pardon, in the case of the six states on the inauguration of 
the Commonwealth of Australia, and in 1907 for New 
Zealand, in consequence of the change of style of that Colony 
to Dominion. The documents now run as follows :— 
Tasmania Letters Patent 
IX. When any crime or offence has been committed 
within the State against the Laws of the State, or for which 
the offender may be tried therein, the Governor may as he 
shall see occasion, in Our name and on Our behalf, grant 
a pardon to any accomplice in such crime or offence who shall 
give such information as shall lead to the conviction of the 
principal offender, or of any one of such offenders if more 
than one ; and further, may grant to any offender convicted 
in any Court of the State, or before any Judge, or other 
Magistrate of the State, within the State, a pardon, either 
free or subject to lawful conditions, or any remission of 
the sentence passed on such offender, or any respite of the 
execution of such sentence for such periods as the Governor 
thinks fit ; and further, may remit any fines, penalties, or 
forfeitures due or accrued to Us. Provided always that the 
Governor shall in no case, except where the offence has 
been of a political nature unaccompanied by any other 
grave crime, make it a condition of any pardon or remission 
of sentence that the offender shall absent himself or be 
removed from the State. 
Royal Instructions 
VIII. The Governor shall not pardon or reprieve any 
offender without first receiving in capital cases the advice 
of the Executive Council, and in other cases 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 Our 
Empire, or of any country or place beyond the jurisdiction 
of the Government of the State, the Governor 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. 
Since 1892 the matter of pardons has gone on without 
friction, and the New South Wales Official Year Book for 
1907-8 asserts that ministerial advice is always accepted. 
A case arose in Tasmania in 1908 where a considerable
	        
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