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

1588 PREROGATIVE INSTRUMENTS : 
V. There shall be an Executive Council for the Dominion, and the 
said Council shall consist of such persons as were immediately before 
the coming into force of these Our Letters Patent Members of the 
Executive Council of New Zealand, or as may at any time be Members 
of the Executive Council of the Dominion in accordance with any 
Law enacted by the Legislature of the Dominion,! and of such other 
persons as the Governor shall, from time to time, in Our name and on 
Our behalf, but subject to any Law as aforesaid, appoint under the 
Public Seal of the Dominion to be Members of the Executive Council 
of the Dominion. 
VI. The Governor, in Our name and on Our behalf, may make and 
execute, under the said Public Seal, grants and dispositions of any 
lands which may be lawfully granted and disposed of by Us within 
“he Dominion.2 
VIL. The Governor may constitute and appoint, in Our name and 
on Our behalf, all such Judges, Commissioners, Justices of the Peace, 
and other necessary Officers and Ministers of the Dominion as may 
be lawfully constituted or appointed by Us.3 
VIII. When any crime has been committed within the Dominion, 
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 Dominion, 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 offender shall absent 
himself or be removed from the Dominion, 
[X. The Governor may, so far as We Ourselves lawfully may, upon 
sufficient cause to him appearing, remove from his office, or suspend 
from the exercise of the same, any person exercising any office or place 
within the Dominion under or by virtue of any Commission or Warrant 
granted, or which may be granted. bv Us. in Our name. or under Our 
authority? 
X. The Governor may exercise all powers lawfully belonging to Us 
in respect of the summoning, proroguing, or dissolving anv Legislative 
No such law has been passed. 
* This power is obsolete, provision being made by statute ; cf. on the power 
en ws given in 1840, Req. v. Clarke, 7 Moo. P. C. 77: Reg. v. Hughes, 
*P.C. 81. 
* This power is exercised now under statute. For an unsuccessful attempt 
to appoint a judge under it without parliamentary sanction. see Buckley v. 
Edwards, [189271 A. C. 387.
	        
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