CO885-(11-13) — Page 309

3571.

MY LORD,

No. 85.

(QUEENSLAND.)

LAW OFFICERS to COLONIAL OFFICE.

We are honoured with your Lordship's commands, signified in Mr. Malcolm's

Temple, 27th March 1876. letter of the 21st January last, stating that he was directed by your Lordship to transmit to us a copy of a Bill of the Legislature of Queensland, "To legalize the

46

marriage of a man with the sister of his deceased wife," which had been reserved for the signification of Her Majesty's pleasure.

2. That the first section of that Bill provided that "all marriages which have (been)

" heretofore or which shall be hereafter duly solemnized within the Colony between any

"

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person or his deceased wife's sister, or which have been heretofore or which shall be

hereafter duly solemnized between any person being at the time of such marriage domiciled in the said Colony and his deceased wife's sister," should be valid.

That the latter part of the section, therefore, professed to validate marriages solemnized out of the Colony between a man domiciled in the Colony and his deceased wife's sister, though the latter might not be domiciled in the Colony.

That before advising Her Majesty to confirm that Bill, your Lordship would be glad to be favoured with our opinion as to whether the proposed measure was in all respects within the competence of the Colonial Legislature, and might properly receive the Royal assent.

In obedience to your Lordship's commands we have the honour to

Report

That the Queensland Bill goes beyond the Acts on the same matter passed for Tasmania, South Australia, Victoria, and New South Wales, and purports to provide for the validity of certain marriages out of the Colony.

This provision seems to us to be beyond the power of the Legislative Council and Assembly of Queensland, and we are of opinion that the proposed measure cannot properly receive the Royal assent.

&c.

The Right Hon. the Earl of Carnarvon,

&c.

&c.

(Sigend)

We have, &c.,

HARDINGE S. GIFFARD.

J. PARKER DEANE.

In this opinion we regret the Attorney-General is unable to concur.

▲ 19916.—35. 25-19,84.

PUBLIC RECORD OFFICE

Reference :-

CO.

• 885

12 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO