omar. 1v] THE PREROGATIVE OF MERCY 1421
to grant an amnesty ; this, however, is of no conceivable
zonsequence, since the power can be exercised in the way of
an undertaking that persons will not be prosecuted when the
same effect results as if an amnesty had been offered! Since
1878, acting on a suggestion of Mr. Blake’s, specific power
has been given to issue pardons for offences triable in a Colony
though not there committed. It has been held since 1893 that
a Governor can pardon for a contempt committed despite the
objection of the judge, an important decision, for the power
of the Crown to pardon contempts in the case of committals
by the Irish Land Courts has been doubted, apparently
without adequate ground? The Governor can, but in
practice does not pardon offences committed within Colonial
limits by members of the Imperial forces, whether naval or
military, but he is clearly empowered to do so. Since 1871
specific provision has been made for the pardon of accom-
plices.
The right of remitting fines due to an informer is settled
for the United Kingdom by an Act of 1859,7 but this Act
does not apply to the Colonies, and when the power to remit
» penalty, part of which was due to an informer, was used
! Thus in 1865 the Governor of New Zealand issued a proclamation
promising that certain persons should not be prosecuted ; so in 1871, and
in 1875 Lord Dufferin issued an amnesty for the rising of 1870 for all save
Riel and Lepine (in whose case five years’ banishment was prescribed as
a condition), and O’Donohue was omitted, but was pardoned on a like
condition on November 22, 1877; see Canada Gazette, April 24, 1875;
Sess. Pap., 1878, No. 55. See also Forsyth, Cases and Opinions on Consti-
tutional Law, p. 113; Parl. Pap., C. 1202, p. 4. Of course an amnesty
may be given by a local Act, as in New Zealand in 1882, Act No. 4
(Rusden, iii. 470), in Canada, 10 Viet. ¢. 116; 12 Viet. c. 13.
* Cf. Canada Sess. Pap., 1876, No. 116 ; 1879, No. 181. The power would
seem to have been included in the wide terms of the older commission
ind was exercised under them. It is omitted in the latest Canadian form
11905) and in the Union form (1910) in error.
* [1893] A. C. 138. ¢ Hansard, 1908, cxciii. 102.
* Cf. his statutory duties under the 4rmy Act, 1881, 5. 54.
* See Parl. Pap., C. 1202, p. 4; New South Wales Letters Patent, Feb-
ary 23, 1872, s. 6; New Zealand Parl. Pap., 1872, A. 1a, pp. 10-2.
' 22 Viet. ¢. 32.
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