1574 PREROGATIVE INSTRUMENTS
V. And We do authorize and require Our said Governor-General
from time to time, by himself or by any other person to be authorized
by him in that behalf, to administer to all and to every persons or
person, as he shall think fit, who shall hold any office or place of
brust or profit in Our said Commonwealth, the said Oath of Allegiance,
together with such other Oath or Oaths as may from time to time
be prescribed by anv laws or statutes in that behalf made and pro-
vided.
VI. And We do require Our said Governor-General to communicate
forthwith to the Members of the Executive Council for Our said
Commonwealth these Our Instructions, and likewise all such others,
from time to time, as he shall find convenient for Qur service to be
imparted to them.
VIL. Our said Governor-General is to take care that all laws
assented to by him in Our name, or reserved for the signification of
Our pleasure thereon, shall, when transmitted by him, be fairly
abstracted in the margins, and be accompanied, in such cases as may
seem to him necessary, with such explanatory observations as
may be required to exhibit the reasons and occasions for proposing
such laws ; and he shall also transmit fair copies of the Journals and
Minutes of the proceedings of the Parliament of Our said Common-
wealth, which he is to require from the clerks, or other proper officers
in that behalf, of the said Parliament.
VIII. And Wedo further authorize and empower Our said Governor-
General, as he shall see occasion, in Our name and on Our behalf,
when any crime or offence against the laws of Our Commonwealth
has been committed for which the offender may be tried within Our
said Commonwealth, to 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, to grant to any offender convicted
of any such crime or offence in any Court, or before any Judge,
Justice, or Magistrate, within Our said Commonwealth, a pardon,
either free or subject to lawful conditions, or any respite of the execu-
bion of the sentence of any such offender, for such period as to Our
said Governor-General may seem fit, and to remit any fines, penalties,
or forfeitures which may become due and payable to Us. Provided
always, that Our said Governor-General shall not in any case, except
where the offence has been of a political nature, make it a condition
of any pardon or remission of sentence that the offender shall be
banished from or shall absent himself from Our said Commonwealth.
And We do hereby direct and enjoin that Our said Governor-General
a as Administrator. on the departure of Lord Hopetoun, before a state
udge.
be against Commonwealth statutes or any common law attaching to the
Commonwealth, not in the case of state offences. A crime may be both state
and Commonwealth, and according as it was treated as the one or the other
(cf. BR. v. Macdonald, 8 W. A. L. R. 149) the appropriate authority to pardon
would be the Governor or Governor-General