CO885-(11-13) — Page 289

11,459.

No. 66.

(CEYLON.)

LAW OFFICERS to HOME OFFICE.

OPINION.

Lincoln's Inn, 4th October 1875.

By the common law the Queen may extend her mercy to a convict upon what terms she pleases, and may annex to her bounty a condition, either precedent or subsequent, on the performance whereof the validity of the pardon will depend.

If, however, a convict accepts a conditional pardon, there is no means by which he can be legally compelled (except in the particular case provided for by 5 Geo. 4. c. 84.) to perform specifically the condition of the pardon; only on breach thereof the pardon becomes invalid, and the original sentence revives. The Queen might pardon Craven upon condition that he promised to undergo the residue of his term of seven years in an English prison. But if, on arrival in this country, he turned round upon his gaolera and sued out a writ of habeas corpus, his assent in writing to the conditional pardon would be no warrant for his detention in prison.

He would be in the position of a person at large in this country liable to seven years' imprisonment in Ceylon by virtue of a sentence by a Cingalese Court of com- petent jurisdiction.

(Signed)

RICHARD BAGGALLAY. JOHN HOLKER.

▲ 19916—66. 25-12/84.

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PUBLIC RECORD OFFICE

Reference :-

CO.

885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO