CO885-(13-15) — Page 37

15,885.

SIR,

No. 98.

(BECHUANALAND.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, August 8. 1887. We were honoured with Mr. Bramston's letter of the 5th ultimo, stating that he was directed by you to transmit to us the accompanying correspondence relating to a legislative proclamation which had been issued by Sir Hercules Robinson, as Governor of British Bechuanaland, for validating past marriages in that territory. prior to its annexation to the British dominions.

That Mr. Bramston was to explain that Bechuanaland, which was inhabited by uncivilised tribes governed by their chiefs and councils, was annexed to the British dominions on the 1st of October 1885, and that Sir Hercules Robinson was appointed Governor by a commission, of which Mr. Bramston was to enclose a copy, and which, as would be seen, gave him power to legislate by proclamation.

That the question was, in the present case, whether, having regard to the language of the Colonial Marriages Validity Act, that proclamation would be sufficient to give complete validity in Bechuanaland itself and all other places to marriages which took place in Bechuanaland before it became British territory.

That a similar question arose in 1878 in regard to Fiji, where the local Legislature had passed an Ordinance validating marriages, and that the then Law Officers of the Crown were consulted upon the subject, their reports to the Secretary of State being dated the 15th of April and the 26th of July 1878.*

That in consequence of the doubt which they expressed as to the sufficiency of local legislation for validating the marriages in question in places other than Fiji, a Bill was introduced into the Imperial Parliament which became law as 41 and 42 Victoria, chap. 61, and that the question arose whether a similar course should be taken in the present case.

That it would be seen from the correspondence enclosed that the Secretary of State desired the amendment of the proclamation by the introduction of a proviso, saving the validity of second marriages lawfully contracted by either party previous to the passing of the validating proclamation, and that a Queensland Act legalising marriage with a deceased wife's sister was sent out, as containing a proviso which might serve as a model.

That the Governor and Sir S. Shippard (who was the Administrator and Chief Magistrate of Bechuanaland) appeared to have somewhat misunderstood the object desired by the Secretary of State, which they supposed was to validate marriages with a deceased wife's sister, a class of marriage not favoured by South African custom or opinion; but that the clause was simply sent as a model of one which had been frequently introduced into laws for validating marriages, as for example the Imperial Acts 3 Geo. IV. chapter 75 (marriages of minors by licence without parental consent), 6 and 7 Vict. chapter 113 (Irish Protestant Dissenters), 12 & 13 Vict. chap. 68, section 20 (Consular Marriages).

That such a clause had not, however, been invariably adopted, and was not to be found in the Imperial Act relating to Fiji marriages above quoted (41 & 42 Victoria, chapter 61), nor, amongst others, in the following Acts:

44 George III. Chapter 77.

48 George III.

4 George IV.

do. 127.

do. 91.

6 George IV.

do. 92.

6 & 7 Victoria

do. 39.

17 & 18 Victoria

do. 88.

21 & 22 Victoria

do. 46.

30 & 31 Victoria ·

do.

2.

PUBLIC RECORD OFFICE

Reference :--

TLC.O.885

ˇ | | | | | | | | | | | | |

13 PUBLIC RECORD OFFICE, LONDON

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

That Mr. Bramston was to request that we would favour you with our opinion—

A 50069.-24. 25.-8/07.

1 and 176 in Vol. 3. (Miscell: 2.51)

·

Now, 167 and 176.