MY LORD,
No. 77.
(QUEENSLAND.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, 26th October 1875. We are honoured with your Lordship's commands, signified in Mr. Herbert's letter of the 14th instant, stating that he was directed by your Lordship to transmit to us for our consideration the accompanying transcript of a Bill passed by the Legislative Council and Assembly of Queensland, entitled "A Bill to amend the Matrimonial Causes Jurisdiction Act of 1864," which had been reserved by the Governor of that Colony for the signification of Her Majesty's pleasure thereupon.
Mr. Herbert stated that he was also to enclose a copy of the report of the local 6 July 1875, Attorney-General upon the subject of the Bill, and a transcript of the Act which it Act of 1864. amends, and to request that we would signify to the Colonial Office our opinion
whether the Bill may properly be submitted for Her Majesty's assent.
In obedience to your Lordship's commands we have the honour to
Report
That in our opinion the Bill of the Queensland Legislature, entitled "A Bill to amend the Matrimonial Causes Jurisdiction Act of 1864
for Her Majesty's assent.
may properly be submitted
We have, &c.,
(Signed)
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
RICHARD BAGGALLAY. JOHN HOLKER.
19916.-77. 25.-12/64.
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12 PUBLIC RECORD OFFICE, LONDON
MY LORD,
No. 78.
(GENERAL.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, 30th October 1875. We are honoured with your Lordship's commands, signified in the Hon. Mr. Meade's letter of the 26th August last, stating that he was directed to transmit to us a copy of a letter from Sir T. Chambers, M.P., enclosing a draft Bill which he had 28 June prepared for removing doubts respecting the validity in the United Kingdom of 1875. marriages contracted between a widower and his deceased wife's sister in a British colony where it might lawfully be performed, and desiring to be informed whether he might have the sanction and support of the Colonial Office in submitting the Bill to the House of Commons.
That he, Mr. Meade, was also to submit to us a copy of the reply which your Lord- 8 July 1975. ship directed to be returned to that communication, together with a copy of a further 11 Aug.1875, letter from Sir T. Chambers on the subject. That a copy of the South Australian Act No. 4, 1870, to which reference was made was also therewith transmitted.
2. That in laying that correspondence before us he, Mr. Meade, was to state that your Lordship was inclined to adhere to the opinion expressed in the letter from the Colonial Department of the 8th July. That your Lordship believed it to be true that the offspring of marriages with a deceased wife's sister in colonies where such a marriage is legal could not inherit land in Scotland, (nor, as your Lordship believed. in England,) but that it did not appear that there was any doubt about that state of the law, and it was not, in your opinion, desirable to alter or interpret the law so as to place the issue of such marriages, if contracted in the colonies, in a better position in England than the issue of similar marriages contracted at home.
3. That it would be observed that Sir T. Chambers' Bill did legalise in the United Kingdom all marriages contracted in a colony " where laws legalising such marriages ' were in force.
That it would, therefore, your Lordship apprehended, legalise any marriage con- tracted by two people who went to the Colony for the mere purpose of being married. Assuming, however, that it did not do that, it would appear likely to introduce a new class of questions, viz., as to the bonâ fide nature of the residence of parties who might go from the United Kingdom to such a Colony as South Australia and be there married. That in either view, therefore, your Lordship thought the Bill inexpedient.
4. That he, Mr. Meade, was to request that we would take the papers into our con- sideration and favour your Lordship with our opinion whether the views above stated as to the probable effect of Sir T. Chambers' Bill were correct, or, assuming them to be incorrect, whether there was anything in the existing law which would render an alteration in the direction contemplated by Sir T. Chambers' Bill desirable.
5. That he, Mr. Meade, was to request that the printed enclosures to that letter might be returned to the Colonial Department.
In obedience to your Lordship's commands we have the honour to
Report
That the views entertained by your Lordship as to the probable effect of Sir Thomas Chambers' Bill as it is at present worded are correct, and that there is nothing in the existing law rendering an alteration in the direction contemplated by the Bill desirable.
We have, &c.,
RICHARD BAGGALLAY. JOHN HOLKER.
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
(Signed)
▲ 12916-78. 25.—12,84.