700.
ET:། ། ། ། །
PUBLIC RECORD OFFICE
C.O.
Reference :-
· 885
10 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
| COPYRIGHT PHOTOGRAPH-NOT TO
}
MY LORD,
No. 2.
(TASMANIA.)
QUEEN'S ADVOCATE to COLONIAL OFFICE.
Doctors' Commons, January 19, 1860.
I AM honoured with your Grace's commands, signified in Mr. Merivale's letter of the 10th January instant, stating that he was directed to transmit to me the copy of an Act which has been passed by the Legislature of Tasmania, entitled “An Act to amend the laws regulating marriage"; and to request that I would report to your Grace my opinion whether Her Majesty may properly be advised to confirm this Act.
In obedience to your Grace's commands I have taken this Act into consideration, and have the honour to
Report
That being without any explanation of the state of the law of Tasmania relating to the celebration of marriages, or of the grounds on which this Act was passed, the evils which it was designed to remedy, or the benefits which it was intended to secure; and having nothing before me, but the Act itself, I am of opinion that Her Majesty cannot properly confirm the Act as it stands.
Many other Acts (apparently on the same subject), are referred to in section 14: and it is possible that these Acts or the existing state of the legislation or circum- stances of the Colony, may render it a measure very proper or at least very harmless; but, as at present advised, I can see no sufficient reason for the apparent absence of any previous notice of an intended marriage, either by publication of banne, appli- cation for licence, or otherwise, of any limitation as to the form, the hour, the place, or the witnesses of a marriage; or of any substantial precaution whatsoever against clandestinely and irregularity of every description; and I cannot, under these circum- stances, advise your Grace that the Act ought to be confirmed.
I have, &c.
To the Right Hon. the Duke of Newcastle, &c.
&c.
&c.
(Signed) J. D. HARDING.
0 16976.-750.
25.-9/86.