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

cmap. Iv] THE PREROGATIVE OF MERCY 1417 
permanent letters patent of 1879, and in the case of Natal 
in 1893, and in the case of the Transvaal and the Orange 
River Colony in 1906 and 1907, are the same in essentials and 
may be illustrated by the Natal instruments :— 
Royal Instructions 
IX. Whenever any offender shall have been condemned 
to suffer death by the sentence of any Court, the Governor 
shall consult the Executive Council upon the case of such 
offender, submitting to the Council any report that may have 
been made by the judge who tried the case ; and, whenever 
it appears advisable to do so, taking measures to invite the 
attendance of such judge at the Council. The Governor shall 
not pardon or reprieve any such offender unless it shall appear 
to him expedient so to do, upon receiving the advice of the 
Executive Council thereon ; but in all such cases he is to 
decide either to extend or to withhold a pardon or reprieve, 
according to his own deliberate judgement, whether the 
members of the Executive Council concur therein or other- 
wise ; entering nevertheless, on the minutes of the Executive 
Council, a minute of his reasons at length in case he should 
decide any such question in opposition to the judgment of 
the majority of the members thereof. 
Letters Patent 
IX. When any crime has been committed within the 
Colony, 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 
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, or before any judge, or other magis- 
trate within the Colony, 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 period 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 
sffender shall absent himself or be removed from the Colony.
	        
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