are principally concerned in the prosecution of offenders "non potest rex gratiam facere cum injuria et damno aliorum;" for example, a common nuisance can not be pardoned while it remains unredressed. But a recent statute(n) enables the sovereign to remit penalties, although they may be wholly or in part payable to some other than the crown.(0) There is another case in which the offender can not be pardoned, namely, when he is guilty of the offense of committing a man to prison out of the realm.(p) It should also be noticed that a pardon can not be pleaded to an impeachment so as to stifle the inquiry. But of course the person impeached and sentenced may be afterward pardoned. (q) A pardon must be by warrant under the great seal, or under the sign manual. As a rule, it is to be taken most beneficially for the subject and against the queen.(r)

A pardon may be conditional-the most frequent example of which is when a person sentenced to death is pardoned on the condition that he submit to punishment either of penal servitude or imprisonment.(s) [Where a pardon is granted on condition, and there is a breach of the condition, the pardon becomes void, and the convict may be remanded to undergo sentence. (1) ]

Ticket of leave.

In connection with the subject of pardon, it will be convenient to notice the case of those who are allowed to be at large before the expiration of their term of confinement.

When any person is sentenced to penal servitude or imprisonment, the queen, by order in writing under the hand and seal of the secretary of state, may grant him a license to be at large in the United Kingdom and the Channel Isl

(n) 22 Vict., c. 32.

(0) See also 24 and 25 Vict., c. 96, & 109; c. 97, 8 67.

(p) 31 Car. 2, c. 2.

(g) 12 and 13 Wm. 3, c. 2, § 12.

(r) See further 4 St. Bl. bk. vi, c. 25.

(s) v. 5 Geo. 4, c. 84; 20 and 21 Vict., c. 3.

(1) People v. Potter, 1 Parker Crim. Ca. 47; State v. Smith, 1 Bailey, 123; State v. Fuller, 1 McCord, 178; Commonwealth v. Haggerty, 4 Brewster, 326.

ands, or in such part thereof respectively as in such license shall be expressed, during such portion of the term of penal servitude or imprisonment, and upon such conditions as her majesty thinks fit. But the license may be revoked or altered at the queen's pleasure. It will be forfeited in the event of (a) a subsequent conviction, (b) of failure to report himself to the police unless prevented by unavoidable cause, (c) of changing residence without due notification. On the subsequent conviction the offender will first suffer the punishment attached to such offense, and then finish his original term. If the license is revoked, the convict may be apprehended and sent back to the prison from which he came to undergo the residue of his sentence; or he may be sent to any other prison wherein convicts under sentence of penal servitude may lawfully be confined.

Certain offenses connected with these licenses subject the holders to imprisonment for a term not exceeding three months, on summary conviction. The holder of a license suspected of committing an offense may be apprehended without a warrant.(t)

In the case of those sentenced to penal servitude, the remission of a part of the term, proportioned to the number of years contained in the sentence, follows as a matter of course, if the convict conducts himself well. But if the sentence is penal servitude for life, the special order of one of the secretaries of state is required.

(t) 16 and 17 Vict., c. 99, 22 9-11; 20 and 21 Vict., c. 3, § 5; 27 and 28 Vict., c. 47, 28 4-10; 34 and 35 Vict., c. 112, ¿? 3–5.

CHAPTER XXIV.

EXECUTION.

EXECUTION is carried out by the sheriff or his deputy, thu giving effect to the sentence of the judge. It is the usage for the judge, at the end of the assizes, to sign the calendar containing the prisoners' names and sentences. This is left to the sheriff as his warrant and authority; and if he receive no special order to the contrary, he executes the judgment therein contained.

The criminal is usually executed about a fortnight or three weeks after his sentence. An execution for murder must take place within the walls of the prison in which the offender is confined at the time.(u)

If the execution be not by the proper officer, or if not carried out in strict conformity with the sentence, as if the criminal is beheaded instead of hanged, the official is guilty of murder. If the criminal survives, he must be hanged again, inasmuch as the sentence is that he be hanged by the neck till he is dead.

(u) 31 Vict., c. 24, § 2.

trial and punishment, 40.

no accessories in treason nor in misdemeanor, 40.
ACCIDENT-

an exemption from criminal responsibility, 31.
ACCIDENTAL HOMICIDE, 130.

ACCOMPLICE, 36, n.

turning queen's evidence, 302.

evidence of, 395.

ACCOUNTS-

falsification of, 187.

ACQUITTAL-

consequences of verdict of, 386.

ACTS OF PARLIAMENT: v. STATUTES.

ACTUAL BODILY HARM, 153.

ADHERING TO THE SOVEREIGN'S ENEMIES, 50.

ADJOURNMENT-

of trial, 392.

ADMINISTERING-

poison, etc, 154.

ADMINISTRATION OF JUSTICE, LIBELS ON: v. SEDITION.

ADMINISTRATION OF GOODS OF FELON, 405.

ADMIRALTY—

robbery within the jurisdiction of, is piracy, 44.

ADVERTISING REWARD FOR RETURN OF STOLEN PROP.