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