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MY LORD,
No. 86.
(QUEENSLAND.)
ATTORNEY GENERAL to COLONIAL OFFICE.
I was honoured with your Lordship's commands, signified in Mr. Malcolm's
Temple, 27th March 1876. letter of the 21st January last, stating that he was directed by your Lordship to transmit to me, the Solicitor-General, and Dr. Deane a copy of a Bill of the Legislature of Queensland, "To legalize the marriage of a man with the sister of his deceased wife,” which had been reserved for the signification of Her Majesty's pleasure.
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2. That the first section of the Bill provides that "All marriages which have been heretofore or which shall be hereafter duly solemnized within the Colony between any person or his deceased wife's sister, or which have been heretofore or which shall "be hereafter duly solemnized between any person being at the time of such marriage "domiciled in the said Colony and his deceased wife's sister" shall be valid. That the latter part of the section therefore professes to validate marriages solemnized out of the Colony between a man domiciled in the Colony and his deceased wife's sister, though the latter may not be domiciled in the Colony.
That before advising Her Majesty to confirm the Bill, your Lordship would be glad to be favoured with our opinion as to whether the proposed measure is in all within the competence of the Colonial Legislature, and may properly receive the Royal respects
Assent.
In obedience to your Lordship's commands I have the honour to
Report
That I have the misfortune not to be able to concur in the report which the Solicitor- General and Dr. Deane have made upon the question submitted to us. Assuming that it is competent for the legislature of Queensland to pass any law rendering valid a marriage between a man and his deceased wife's sister, I do not see any reason why they should not pass such a law as that which is submitted for Her Majesty's approval.
No doubt the Bill purports to render valid a marriage which may be solemnized out of the Colony, but this enactment can only have operation within the Colony and affect the status of the parties concerned whilst there, or their rights or the rights of their issue to property in Queensland.
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
I have, &c.,
(Signed)
JOHN HOLKER.
+
▲ 12916.-86. 25.-12/84.
PUBLIC RECORD OFFICE
CO. 885
Reference :-
12 PUBLIC RECORD OFFICE, LONDON
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