CO885-(10-11) — Page 118

10050.

No. 90.

(GAMBIA.)

PUBLIC RE

OFFICE

C.Ö.

Reference:-

885

10

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

The QUEEN'S ADVOCATE to COLONIAL OFFICE. MY LORD DUXE,

Doctor's Cotumons, November 9, 1861. I AM honoured with your Grace's commands, signified in Mr. Elliot's letter of the 25th October ultimo, stating that he was directed to transmit to me the annexed copy of a Despatch from the Governor of Her Majesty's Settlements on the Gambia, enclos- ing an Ordinance which has been passed by the Legislature of those Settlements in order to determine the validity of marriages heretofore contracted, and to provide a mode of celebrating marriages hereafter.

Mr. Elliot was also pleased to state that the following observations have been sug- gested to your Grace on the details of the Ordinance.

That it is presumed that the second section is intended to apply exclusively to marriages celebrated before the passing of this Ordinance, but that it is not clearly expressed. That it appears also doubtful whether this section, taken in conjunction with the first, might not give one of the parties to an alleged but disputed marriage undue facilities for establishing it against the other, even without the knowledge of that other.

That the third section enables any minister of the Christian religion to publish banns and celebrate marriage between any persons applying to him, without requiring that the publication or celebration shall take place in any building registered for the celebration of marriages, or even publicly used for any definite period by any definite number of persons for the celebration of divine worship. That the only restriction is (section 17) that the marriage shall be solemnized in the "church, chapel, or meeting house " in which banns were first published.

That the 7th section is not grammatical.

That in the 9th section some words are omitted after the words "lawful cause." Section 10. That it does not appear absolutely clear whether a marriage solemnized without the necessary consent, but without the banns having been forbidden (section 6), is invalid or merely irregular.

Section 11. That the consent of the father to the marriage of a minor is made indispensable, even though he is beyond sea; that of a mother or guardian (the father being dead) is not. That this is probably intended, but it might sometimes operate severely.

Section 12. That the word " enclosed" should be “entered."

That the first part of the 18th section (“who possessing but objecting," &c.) is ungrammatical.

That section 18, to place the power of celebrating marriage between heathen, or persons objecting to religious solemnities, in the hands of any justice of the peace, seems to be a somewhat loose arrangement. That such a power would be more safely exercised by some responsible Government officer, particularly in a rough and uncivilized country. That the fee (one guinea, besides five shillings for the marriage certificate) appears also inordinate.

That the Ordinance contains no clause, except the 19th, distinctly declaring what marriages shall be null and void, and what merely illegal, and that clause (it is appre- hended) errs against the general policy of English law in this matter, by making certain marriages invalid without reference to the circumstance that the parties were both cognizant of its fraudulent character.

Mr. Elliot was also pleased to state that the Ordinance, being apparently open to these objections, your Grace is disposed to disallow it, and to direct the Governor to submit to the Legislative Council the draft of an Ordinance embracing, with such alterations as may be requisite, the first two clauses of the law now forwarded, and in other respects embodying (“ mutatis mutandis ") the provisions of an Ordinance which, with my concurrence, was submitted to and passed by the Legislature of St. Helena, and of which a copy was enclosed; but that before deciding on this course, your "Grace is desirous of being furnished with my advice on the subject.

In obedience to your Grace's commands, I have taken this matter into consideration, and have the honour to

a 16276.—134. 25.-2/86,

2

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