CO885-(13-15) — Page 587

PUN

22269.

1

STR.

No. 193.

(MAURITIUS.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, October 3, 1898.

We were honoured with your commands signified in Mr. Lucas's letter of the 19th ultimo, stating that he was directed by you to transmit to us, for our consideration, topy of a despatch (with enclosures) which had been received from the Governor of . Mauritius enquiring whether he had the power to reinit a sentence of imprisonment, on the condition of the payment of a fine; and that he was to request that we would favour him with an expression of our opinion on the point raised.

That Mr. Lucas was to point out that similar questions were submitted to the Law L.0. Officers of the Crown in 1869, 1873, and 1875.*

30 Sept.

That Mr. Lucas was to enclose a copy of the Letters Patent of 22nd March, 1879, 1869. Article 12 of which empowered the Governor to exercise the power of pardon, or of remitting sentences, and a copy of the Mauritius Ordinance, No. 40, of 1881, referred to 1873. by the Procureur General,

We have taken the matter into our consideration, and, in obedience to your Oct. 1875. commands, have the honour to

L.O.

26 Dec.

1.0.

Report—

THAT whatever may be the correct view as to the power of the Governor of Mauritius to grant a pardon conditionally on the payment of a sum of money, it is, in our opinion, very undesirable that pardons should be granted on any such condition. There is no limit to the amount of the fine, and we think it most objectionable that the Executive should appear to bargain with a man in such a position for the payment of money consideration of a pardon.

We, therefore, advise that the practice should be discontinued. '

We have, &c.,

in

The Right Hon. J. Chamberlain, M.P.,

&c.,

&c..

&c.

RICHARD E. WEBSTER. ROBERT B. FINLAY.

• Nos. 599 and 880 in Vol. II. and No. 66 in Vol. III.

699-25-10,98 Wt 21618

D&S 5

PUBLIC RECORD OFFICE

Reference :-

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C.O.885

14 PUBLIC RECORD OFFICE, LONDON

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