325
It is desirable that pardons granted in accordance with this scale should be conditional upon the person released leaving the Colony, and not being again at large within it. This condition the Governor here has authority to attach to any pardon, as the charter of the Colony empowers him to grant to any person convicted of any crime before any Court in the Colony a free and unconditional pardon, or a pardon subject to such conditions as the local Legislature may define; and certain conditions have been defined by Ordinance No 1 of 1860.
But the Attorney General considers that although the Governor has full power under the charter to grant absolute pardons, or pardons subject to certain specified conditions it is beyond his authority to make any promise of a future pardon. He observes: -
"I think it probable that any regulations containing a promise of future pardon if made by the Governor would in itself not bind his successor but that to give it effect and to bind his successors such regulations require the approval of or confirmation by the Secretary of State for the Colonies. In such matters of detail this act is virtute officii that of Her Majesty, and binds her successors and then binds the successors of the Governor."
I shall accordingly await instructions before taking any steps for the formulation of the scale of remission of punishments.
325
رم
5.
It
world I think be desirable that
-pardons granted in accordance with this scale
Should be conditional upon the person released
leaving the Colony,
forma
6.
and not being again-
at large within it..
This condition the Governor here
has authority
to attack to
any pardon,
ао
the charter of the Colony empowers him to
grant to any person convicted of any crime
Court in the leolony a free
and
before any
unconditional pardow,
O a
pardon subject
to~
such conditions as the local Legislature may
define; and certain conditions have been
defined by
Ordinance No 1 of 1860.
។
But the Attorney General
Considers
~
that although the Governor has full power under
the charter to
absolute
grant abs.
pardons, or pardons
subject to certain specified conditions it is -
beyond his
authority
to make
any promise
of a futuro pardon. He observes: -
"I think it probable that any regulations "Containing a promise of future pardon if "made by the Governor would in itself not
8.
" bind his successor but that to
give it
"effect and to bind his successors such
"effect"
"Regulations require
the
approval of
от
"confirmation by the Secretary of State for the Colonies. In such matters of detail This act is virtuto
Majesty,
officii that of Her and binds her successors and
j
"then binds the sneeepors of the Governor'?
I shall accordingly await instructions
before taking any steps for the formulgation
of
the seale of remission of punishments
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