CO885-(10-11) — Page 43

6373.

MY LORD DUKE,

No. 24.

(BRITISH HONDURAS.)

QUEEN'S ADVOCATE to COLONIAL OFFICE.

Doctors' Commons, June 23, 1860. I AM honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 11th June instant, stating that he was directed to transmit to me for my consideration the copy of a Despatch from the Acting Superintendent of Honduras, enclosing an Act which has been passed by the Legislature of that Settlement, entitled "An Act to legitimate natural children by the subsequent intermarriage of their parents."

A copy of the Act 16 Vict. c. 1., which was passed in accordance with the tenor of Lord Grey's Despatch (annexed) regarding the law of marriage in the Settlement was enclosed.

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

Report

That I am not aware of what is the legal question in connexion with this Colonial Act upon which iny opinion is desired.

In point of principle the statute is only a re-enactment for two years of a previous Colonial Act (16 Vict. c. 1.) which has expired by efflux of time, after having been found very beneficial in its operation, owing to the peculiar social state of the Colony.

In point of phraseology it is possible that the wording of section 1 may have re- ceived a judicial interpretation in the Colony; but this is not stated, and if not the words "born at a time when their parents were living in concubinage

would seem

open to objection, as tending to create doubt and uncertainty as to their precise legal meaning, effect, and operation.

It cannot be intended to limit the effect of the statute so as (for instance) to exclude from its operation the cases where the father, although cohabiting regularly with the mother, might have been temporarily absent (say at sea) at the time of the birth; or the cases where the child has been always acknowledged by both parents, although at the time of its birth they may not have been living (together) in concubinage, but may have been living apart. Yet the words "born at a time when their parents were living in concubinage" may possibly give rise to this and other questions; and the lawful issue will have strong inducements to raise such questions.

Subject to this remark, I see no objection to the statute receiving the Queen's approval.

I have, &c.

The Right Hon. the Duke of Newcastle,

&c.

&c.

&c.

(Signed) J. D. HARDING.

16278.-940,

95.-2,86.

t

PUBLIC RECORD OFFICE

Reference :-

TELEC.O.

885

10 PUBLIC RECORD OFFICE, LONDON

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