CO885-(11-13) — Page 135

5682.

MY LORD,

No. 829.

(NEW SOUTH WALES.)

QUEEN'S ADVOCATE to COLONIAL OFFICE.

I AM honoured with your Lordship's commands, signified in Mr. Holland's letter

Temple, June 3, 1873. of the 31st ultimo, stating that he was directed to transmit to me the copy of a Despatch from the Governor of New South Wales, enclosing an Act passed by the Legislature of that Colony, entitled "An Act to confer jurisdiction on the Supreme Court in Divorce and Matrimonial Causes.”

Mr. Holland also stated that he was to request that I would take this Act into con- sideration, and state whether in my opinion there are any provisions in the Act which would render it necessary for Her Majesty to disallow it.

That with reference to the point raised in the Colony, whether the Governor is bound to reserve a general Divorce Bill, Mr. Holland was to state that the Despatch of Lord Stanley in 1858, which is relied on by the Attorney-General, was submitted to the Law Officers of the Crown (Sir J. D. Harding, Sir F. Kelly, and Sir H. Cairns), and approved by them; that a copy of this Despatch, which was sent out in circular to the Colonies, was annexed for my information.

That it is apprehended, therefore, that in these circumstances the Governor was right in assenting to the Bill.

In obedience to your Lordship's commands, I have the honour to-

Report

That there are not, in my opinion, any provisions in the Act which would render it necessary for Her Majesty to disallow it.

There is some difficulty in reconciling the clause in the instructions of 12th April 1858, with the clause in the instructions of 23rd February 1872. The meaning of the last instructions may, however, be that no special Act shall be assented to, since a general Act either is or should be provided on the subject.

In this view of the construction of the two sets of instructions the Governor was right in assenting to the Bill.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

I have, &c.

(Signed) J. PARKER DEANE.

U 16978.-838.

25.--5/86.

PUBLIC RECORD OFFICE

Reference :-

TTLELIC.O. 885

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