J
10234.
SIR,
No. 282.
(VICTORIA.)
QUEEN'S ADVOCATE to COLONIAL OFFICE.
Doctors' Commons, November 8, 1864. I AM honoured with your commands, signified in Mr. Elliot's letter of the 31st ultimo, stating that he was directed to transmit to me a copy of a Bill" to consolidate the laws relating to marriage, and to deserted wives and children, and to divorce and matrimonial causes," which has been reserved by the Governor of Victoria for the signification of Her Majesty's pleasure, together with a copy of the explanatory report of the local Attorney General upon the subject of this enactment; and Mr. Elliot was pleased to request that I would furnish you with my opinion whether there is any reason why this Bill should not be confirmed by Her Majesty.
In obedience to your commands I have taken this case into consideration, and have the honour to
Report
That there seems no reason why this Bill should not be confirmed by Her Majesty, but I think it right to make the following observations upon it.
Section 18 exempts the marriages of Quakers and Jews from the operation of the former part of the Act. I hardly see with what reason, regard being had to the 4th section, but probably there are sufficient grounds for it connected with the Colony, and it is not a very material circumstance.
With respect to the sections 81 and 96, they repeat the errors of the English Acts which were unintentionally introduced into them, and I have placed opposite to those sections the alterations which it would be expedient to introduce if the Bill is to be at all reconsidered.
Section 96 also confines the competency of the husband and wife to give evidence to cases in which cruelty is an ingredient of the suit. It is, I believe, now generally considered that all restrictions upon their competency to give evidence should be taken away. 'The Bill, however, is in accordance with the existing English law.
I have, &c. (Signed) ROBERT PHILLIMORE.
The Right Hon. Mr. Secretary Cardwell, M.P.
0 16278.-504. 23.-2/86.
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