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PUBLIC RECORD OFFICE
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PUBLIC RECORD OFFICE, LONDON
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SIR,
No. 307.
(QUEENSLAND.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, February 6, 1865. We are honoured with your commanda, signified in Sir Frederic Rogers' letter of the 9th of January ultimo, stating that he was directed by you to request that we would favour you with our opinion on the following case:
By Letters Patent dated the 19th of October 1854, of which a copy was enclosed, the diocese of Sydney is defined to contain certain portions there mentioned of the then Colony of New South Wales," together with all those parts of the continent of "Australia not comprised within the limits of any other see or diocese."
That it was also provided that the Bishop of Sydney and his successors should be metropolitan bishops in Australia.
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That by subsequent Letters Patent, dated the 6th of June 1859, the Colony of Queensland was carved out of that of New South Wales, and declared to contain so much of the whole continent of Australia as lay east of the 141st meridian of east longitude, and north of an irregular line extending from a point on the east coast in latitude 28° 8' south to the 29th parallel of south latitude, and then following that parallel till it cuts the 141st meridian.
That by other Letters Patent of the same date (viz., the 6th of June 1859), of which a copy was also annexed, the episcopal diocese of Brisbane was created, and declared to comprise so much of the Colony of Queensland as lay south of the 21st parallel of south latitude, being in fact that part of Queensland which had belonged to the diocese of Newcastle.
The Colony of Queensland was subsequently enlarged by Letters Patent of the 13th of March 1862, which annexed to it so much of the Colony of New South Wales as lay "to the northward of the 26th parallel of south latitude, and between the 141st and the 138th meridians of east longitude." That this block of land had not formed
part of any diocese other than Sydney.
That the jurisdiction, therefore, of the Bishop of Brisbane, as defined by the Letters Patent of the 6th of June 1859, unless tacitly enlarged by any of the subsequent trans- actions which have been described, is not coincident with the limits of the Colony, not comprising either the territory north of the 21st degree of south latitude or the territory west of the 141st meridian of east longitude, and doubts are expressed respecting the validity of marriages which have been or may be celebrated in Queens- land beyond the limits of the diocese of Brisbane, as defined by the Letters Patent of the 6th of June 1859.
That the Queensland marriage law by which such doubts must be tested is com- prised in the New South Wales Act, 19 Viet. c. 30, which, on the separation of Colonies, continued to be the law of Queensland.
That that Act provides that no marriage shall be celebrated except by a minister of religion ordinarily officiating as such and registered at Sydney (§ 2), but that no mar- riage shall be avoided by reason of the celebrant not being an ordinarily officiating minister, if he was believed by either of the parties to be so (§ 6), or by reason of non- registration (§ 21).
That under these circumstances our opinion was desired upon the following ques- tions:
(1.) What is the present extent of the territorial jurisdiction of the Bishop of
Brisbane ?
(2.) If the Bishop of Brisbane has no jurisdiction over those parts of Queensland which were not included in the Letters Patent of the 6th of June 1859 (heing those which lie north of the 21st parallel of south latitude or west of the 141st meridian of east longitude), has the Bishop of Sydney ecclesiastical jurisdiction over those parts of the Colony?
(3.) Adverting to the above provisions of the Marriage Act now in force in Queens- land, are marriages valid which have been or may be performed by a clergy- man licensed by the Bishop of Brisbane within those parts of Queensland which lie north of the 21st parallel of south latitude or west of the 141st meridian of east longitude?
Q
16278,--495. 95.-2/86.
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