9931.
No. 281.
(CEYLON.)
PUBLIC RECORD OFFICE
Reference :-
TLC.O. 885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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J
SIR,
QUEEN'S ADVOCATE to COLONIAL OFFICE.
Doctors' Commons, October 28, 1864. I AM honoured with your commands, signified in Sir F. Rogers' letter of the 6th inst. stating that he was directed to enclose, for my consideration, an Ordinance passed (with a suspending clause) by the Legislature of Ceylon, intituled "An Ordinance to amend in certain respects the law of marriago of this Island, and to provide for the "due registration thereof." Copies of a correspondence which has passed respecting that Ordinance, with a variety of protests and other documents more or less important, were also annexed, and Sir F. Rogers was pleased to state that, as this matter involves serious questions, not only of law but of policy, he was directed to state to me some of the conclusions to which you have been led on the consideration of these papers.
(1.) That you are clearly of opinion that the Ordinance should not extend to Tamil, Kandyan, or Mohammedan marriages, which should be provided for by separate laws, adapted to the genius of the different races or religions concerned.
(2.) That you think fees may properly be remitted on the registration, for marriage purposes, of places of worship in which marriages have already been celebrated; provided that the Governor shall retain full power to withhold such registration altogether, in case he shall think fit.
(3.) That you do not think it necessary to insist on a certificate that every such place of worship is frequented by 20 householders.
(4.) That in order to obviate the objections raised by the Roman Catholics
you would consent to a clause providing that a dying person might be married without the usual formalities, subject to the following conditions:-(1.) That the priest or minister celebrating the marriage should not be relieved from the legal penalty for so doing, nor the marriage itself have any legal effect whatever, unless it were reported to the registrar or other proper authority within a fixed period of its celebration, with a certificate from the priest or minister and another credible person (not being party to the marriage), that one of the parties was supposed to be in a dying state at the time of the celebration. (2.) That the marriage until acknowledged by the parties before the registrar, with such notice or license as is necessary to authorise the solemnization of marriage, should have no legal effect except that of preventing re-marriage. (3.) The Registrar, or other authority, might have the power in particular cases of licensing marriages in unregistered places, or before or after the usual hours. (4.) The essential conditions of marriage, including the rules of affinity and consanguinity, should be those in force in England. (5.) My especial attention was drawn to the 21st clause, which is evidently of the greatest importance. That it is evident that the law will be ineffectual, if marriages celebrated in violation of its provisions are to be valid. On the other hand it would be the utmost hardship if a man who had married under a false name, or with some other circumstance of latent fraud, could get rid of the innocent woman who supposed herself married to him, by disclosing his fraud. (6.) That you think that the necessary books and forms might properly be supplied by Government. And with these general observations Sir F. Rogers was to request that I would furnish you with my report upon this Ordinance.
In obedience to your commands, I have taken these papers into consideration, and
have the honour to
Report
That I have given my best consideration both to this important Ordinance itself and to the various documents and statements which accompany it, and I think I shall be able to express my opinion upon them in the clearest manner by dealing, first, with those portions of the subject which are comparatively removed from doubt and culty; and, subsequently, with those portions as to which I feel it necessary humbly to express some disagreement of opinion from that which you, Sir, appear to have formed.
(1.) I have the honour to agree, Sir, with the opinion which you have expressed (No. 2 in paragraph 4 of Sir F. Rogers' letter) that the fees may properly be remitted on the
1 16278.-543. 25.-2/96.