6547.
MY LORD DUKE,
No. 516.
(CANADA.)
QUEEN'S ADVOCATE to COLONIAL OFFICE.
Temple, June 20, 1868. I AM honoured with your Grace's commands, signified in Mr. Elliot's letter of the 18th instant, stating that he was directed by your Grace to transmit to me the copy of a Bill passed by the Senate and House of Commons of Canada, but reserved by the Governor, in accordance with the terms of the Royal Instructions, for the signification of Her Majesty's pleasure.
The Bill is in the same terms as an Act for the relief of James Benning," which was reserved for the signification of Her Majesty's pleasure in June 1864, and sanc- tioned by Order in Council of the 1st of November 1864, and as an Act for the relief of John McLean, which was reserved by the Governor and afterwards sanctioned by Order in Council of the 29th July 1859; but it may be observed that under the terms of those Acts and of this Bill there is nothing to prevent the man who has obtained a divorce from marrying his divorced wife's mother or sister or daughter by another husband, as if he had not intermarried his divorced wife he might have lawfully contracted matrimony with those persons.
Mr. Elliot was pleased to request that I would favour your Grace with my opinion whether this Bill may properly receive Her Majesty's sanction by Order in Council.
In obedience to your Grace's commands I have the honour to
Report
That I am of opinion that Her Majesty may properly sanction the proposed Bill. There is some ambiguity prima facie about the second clause, but I think that for the purpose of construing the concluding part of it "the said marriage" must be taken to have been solemnized as a matter of fact, such matter of fact being recited in the preamble of the Bill. The concluding words of the clause, “in case the said marriage "had not been solemnized," may, therefore, be regarded as words of limitation, excluding all such women whom the fact of such marriage having been solemnized has brought within the forbidden degrees of affinity.
I have, &c. (Signed) TRAVERS TWISS.
His Grace the Duke of Buckingham and Chandos.
o 16378.-444. 25.--5/86.
I PUBLIC RECORD OFFICE
Reference :-
SPEC.O. 885
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