22
Regulation of power of pardon in capital cases.
Judge's report to be laid before Executive Council.
Governor to take advice of Executive Council in such cases but shall exercise his own judgments, entering his reasons on Council Minutes.
Blue Book.
Governor's absence.
INSTRUCTIONS.
Governor shall signify to such officer, by a statement in writing, the grounds of the proposed suspension, and shall call upon him to state in writing the grounds upon which he desires to exculpate himself. The Governor shall lay both statements before the Executive Council, and, having consulted them thereon, cause to be recorded on the Minutes whether the Council or the majority thereof does or does not assent to the suspension; and if the Governor thereupon proceed to such suspension, he shall transmit both of the said statements, together with the Minutes of the Executive Council to Us through one of Our Principal Secretaries of State by the earliest opportunity. But if in any case the interests of Our service shall appear to the Governor to demand that a person shall cease to exercise the powers and functions of his office instantly, or before there shall be time to take the proceedings herein before directed, he shall then interdict such person from the exercise of the powers and functions of his office.
XXXI. Whenever any offender shall have been condemned to suffer death by the sentence of any Court in the Colony, the Governor shall call upon the Judge who presided at the trial to make to him a written report of the case of such offender, and shall cause such report to be taken into consideration at the first meeting thereafter which may be conveniently held of the Executive Council, and he may cause the said Judge to be specially summoned to attend at such meeting to produce his notes thereat. The Governor shall not pardon or reprieve any such offender unless it shall appear to him expedient so to do, after 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 judgment, whether the Members of the Executive Council concur therein or otherwise, entering, nevertheless, on the Minutes of the Executive Council a Minute of his reasons at length, in case he should decide any such questions in opposition to the majority of the Members thereof.
XXXII. The Governor shall punctually forward to Us, from year to year, through one of Our Principal Secretaries of State, the annual book of returns for the said Colony, commonly called the Blue Book, relating to the Revenue and Expenditure, Defence, Public Works, Legislation, Civil Establishments, Pensions, Population, Schools, Course of Exchange, Imports and Exports, Agriculture, Produce, Manufactures and other matters in the said Blue Book more particularly specified, with reference to the state and condition of the Colony.
XXXIII. The Governor shall not upon any pretence whatever quit the Colony without having first obtained leave from Us for so doing under Our Sign Manual and Signet, or through one of Our Principal Secretaries of State.