CO885-(10-11) — Page 68

*72.

No. 47.

(CAPE OF GOOD HOPE.)

QUEEN'S ADVOCATE to COLONIAL OFFICE. MY LORD DUKE,

Doctors' Commons, December 29, 1860. I AM honoured with your Grace's commands signified in Mr. Elliot's letter of the 13th December instant stating that he was directed to request that I would take into my consideration an Act passed by the Legislature of the Cape of Good Hope, intituled "An Act to amend the law concerning marriages," and inform Grace whether I see any objection to its confirmation?

your

Mr. Elliot was also pleased to enclose copies of the correspondence which has passed respecting this Act by which its object is fully explained, and to state that it is intended to facilitate marriages between Mahomedans, pagans, and others, in such a manner as, without too violently interfering with their traditional usages, may yet tend to dis- courage polygamy by giving such persons access to a more binding and regular form of marriage coupled with such rights and obligations as Christianity attaches to that

relation.

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

Report

That I see no objection in point of principle to the confirmation of this Act. With respect to its details and to its probable effect and operation, especially in the case of Mahometan marriages, much might be suggested for consideration, but from my want of knowledge of the peculiar condition and circumstances of the Mahometan population of the Colony, I am not in a position to form any confident opinion.

I presume that on this portion of the Act the Governor has consulted the judicial and legal authorities, and has been guided by their advice and has also considered the state of the law on this subject (whatever it may be) in British India, and in British Colonies, a portion of whose population is Mahometan-such, for instance, as Ceylon. On this assumption, and bearing in mind that if additional legislation should be found requisite in order practically to secure the attainment of the objects in view, the Legis- lature of the Colony may be resorted to without any apparent risk of thereby causing serious legal or political difficulties, I see no objection to the Act being confirmed.

(Signed) J. D. HARDING. The Right Hon. the Duke of Newcastle,

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