24,593,01
2
The following were ultimately suggested:
in Clause 1 insert or place" after "Colony " wherever occurring.
Leave out "the Indian Empire and
those Colonies' and insert "and all other parts of His Majesty's dominions.”
Clause 2 leave out "(being the self- governing Colonies)."
$1
Leave out "provision is made to recognise the law of inheritance as de- fined by this Act" and insert provi- sions similar to those contained in this Act are enacted;"
and also some slight corrections in the titles of the Colonies named in the Schedule.
Discussion also took place as to whether Protectorates should be included in the scope of the Bill, so that the children cf one of the legitimatised marriages might be able to inherit property in a Protectorate. It was, however, decided to be safer to omit Protectorates and to legislate separately for them.
The Bill was thus brought to the form in which it was introduced in 1904, since when no changes have been proposed.
3
A.
A BILL TO AMEND THE LAW OF INHERITANCE IN THE CASE OF CERTAIN COLONIAL MARRIAGES.
BE IT ENACTED by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
1. The issue of all marriages which have been or shall be hereafter contracted by persons domiciled in any Colony to which this Act applies and which were or shall be lawful in that Colony at the time they were or shall be contracted, whether under the existing or any future law of that Colony, but not lawful under the law of the United Kingdom, shall have and enjoy all such rights of inheritance, succession, and otherwise within the United Kingdom, the Indian Empire, and those Colonies to which this Act applies as they would have been entitled to had they been the issue of parents lawfully married in the United Kingdom:
Provided that where any person has before the passing of this Act come into possession of any estate or right by reason of the illegitimacy in any part of the King's Dominions of the issue of any marriage to which this Act relates, the estate, right, and title of the person so in possession shall be the same and of the same validity for all purposes, and shall descend or be transmitted in the same manner and to the same persons, as if this Act had not been passed.
2. This Act shall apply to all Crown Colonies and to every other Colony wherein its application shall be enacted by an Act of the Legislature of such Colony.
3. The expression "marriage" in this Act includes only unions which are recognised as such by
the law in force in the place where they are contracted and which are voluntarily unions for life, of
one man and one woman to the exclusion of all others."
4. This Act may be cited as the Colonial Marriages Act, 1902.
April 2, 1906.
J. E. N. G.
PUBLIC RECORD
OFFICE
Reference :-
C.O.
885
17 PUB FORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO |
I