CO885-(10-11) — Page 621

1017.

No. 491.

(NEW ZEALAND.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, January 28, 1868.

MY LORD DUKE,

We are honoured with your Grace's commande, signified in Sir Frederic Rogers' letter of the 20th of January instant, stating that he was directed by your Grace to transmit to us a copy of a Despatch from the Governor of New Zealand, enclosing an No. 125. Act passed by the Colonial Legislature, and entitled "An Act to constitute in New & Nov. 1867.

Zealand a Court of Divorce and Matrimonial Causes."

Sir Frederic Rogers was also pleased to state that the Act has been reserved by the Governor of the Colony for the signification of Her Majesty's pleasure; and to request that we would favour your Grace with our opinion on the Act.

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

Report

That we think that Her Majesty may properly be advised to approve of this

Act.

The law, as regards the status in this country, of British subjects who have been married here, and divorced out of England, on their return to this country is in many respects in an unsatisfactory state; but we think that a sentence of divorce under the proposed Act upon grounds identically the same as those recognized in this country would be held to be valid here.

If hereafter a bill should be brought before Parliament to solve any doubt on this subject it should recite the different Colonial Acts relating to divorces, the validity of sentences under which it is proposed to legalize.

We have, &c.

(Signed)

His Grace the Duke of Buckingham and Chandos, K.G.

ac.

&c.

&c.

JOHN B. KARSLAKE. C. J. SELWYN. TRAVERS TWISS.

Act No. 93.

o 16278.-648.

25.-5/86.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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