CO885-(13-15) — Page 505

15521.

No. 144.

(NATAL.)

SIR,

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, July 17, 1897.

WE were honoured with your commands signified in Mr. Graham's letter of the 9th instant, stating that he was directed to transmit for our consideration the accompanying copy of an Act for removing a certain restriction upon marriage within the Colony of Natal, which had been passed by the Legislature of the Colony, and was assented to by the Governor, with a clause suspending its operation until the signification of Her Majesty's pleasure thereon.

That a copy of the Report, dated 13th May 1897, by the Attorney-General of Natal upon the measure was also transmitted to us.

That Mr. Graham was also to call our attention to the words "or without," in the second line of the first clause of the Act, and also to the fact that no provision appeared to be made by the Act against the disturbance of succession to property which might Jave already passed, by the retrospective validation of marriages invalid at the time at which they were contracted.

That Mr. Graham was to request that we would be good enough to consider the terms of the Act, and to favour you with our opinion whether Her Majesty might properly be advised not to disallow it; or whether some amendment should be required in the particulars remarked on, or in any other.

That a copy of correspondence with the Law Officers respecting a similar Cape Act of 1892 was enclosed.

In obedience to your commands we have the honour to

Report-

That we are of opinion that the Act should not be allowed in its present form. The first section as at present framed is open to objection. If the words "or without" be retained, their operation should be confined to persons domiciled in Natal.

Words should also be inserted protecting vested interests as in the Acts relating to South Australia, Tasmania, Queensland, and New Zealand.

The Right Hon. J. Chamberlain, M.P.,

&c.,

&c.,

&c..

We have, &c.,

RICHARD E, WEBSTER. ROBERT B. FINLAY,

14223-25-7,97

Wt 20260 D&S. 5.

:

PUBLIC RECORD OFFICE

Reference :-

ETC.O.885

14 PUBLIC RECORD OFFICE, LONDON

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