CO885-(13-15) — Page 295

20897.

No. 20.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Royal Courts of Justice, October 24, 1892. WE were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 6th instant, stating that he was directed by your Lordship to transmit, for our consideration, the accompanying copy of a "Bill to amend the Law of Marriage," which had been passed by the Legislature of the Colony of the Cape of Good Hope, and reserved by the Governor for the signification of Her Majesty's pleasure thereon, together with a copy of a Report, dated 27th August 1892, by the Colonial Attorney- General upon the measure.

That laws had been passed in the Australasian Colonies legalizing marriage with a deceased wife's sister, and that Mr. Bramston was to transmit, for our information, copies of the following Acts:—

South Australia

Victoria

Tasmania

New South Wales

Western Australia

Queensland -

New Zealand

together with copies of the Law Officers' Reports*-

Western Australia

New Zealand

1870-1. No. 21.

1873. No. 453.

1873. No. 7. 1875. No. 20. 1878. No. 21. 1878. No. 25. 1880. No. 57.

22nd January 1878. 5th January 1881.

That, in the case of Queensland, the Law Officers having differed in respect of a previous Bill (which was disallowed), the papers were submitted to the Lord Chan- cellor, and that a copy of his Lordship's reply was enclosed in Queensland, 25th May 1876."

66

That Mr. Bramston was to request that we would consider the terms of the Cape Bill, and favour your Lordship with our opinion whether the Bill in question might properly be submitted to Her Majesty in Council for her assent, or should be returned to the Colony for amendment in any particular, such as the addition of a proviso to clause 3, similar to that in the New Zealand and other Acts, or in other respects.

We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to--

F

Report

That we are of opinion that the Bill is within the competence of the Colonial Legislature, and may properly receive the Royal Assent.

It applies only to marriages contracted within the Colony, and as to past marriages, legalizes them only where both parties survive, and to the extent that they would have been legal if solemnized at the date of the Act, thus dealing with cases of succession, and the case of one of the parties having been legally married between the first ceremony and the passing of the Act, substantially as in similar Acts in other Colonies.

We think no further proviso necessary.

The Most Hon.

The Marquess of Ripon, K.G.,

&c.

&c.

We have, &c. (Signed) C. RUSSELL.

JOHN RIGBY.

&c.

* No. 160 and 213 in Vol. III.

0

70451.-30.

25.-11/98.

PUBLIC RECORD

OFFICE

། ། ། ། །

19

Reference :-

C.O.885

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