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

Report-

(1.) THAT we are of opinion that the Administrator has not the power to appoint Marriage Officers. This matter seems to us to be governed by Section 22 of the Proclamation of 10th June, 1891, which recognizes this power as Commissioner. We do not think that this Proclamation is repealed

belonging to the High empowering Ordinance of 1895. Apart from the fact that it does not appear that the or modified by the previous consent of the High Commissioner to such repeal or modification had been obtained (see Section 19 of the Order in Council of 18th July, 1894), we do not think that the Ordinance can be fairly construed as having this effect. The Proclamation of 1891 is not mentioned, and we think that it was left in operation. Therefore, although the Cape Law of 1838, also conferring this power on the High Commissioner, was in operation in the territory in question, we cannot read the Ordinance of 1895 as extending this power to the Administrator and thereby repealing or modifying the Proclamation of 1891. Articles 7 and 8 of the Order in Council of 1898 do not seem to us to affect this question.

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(2.) We think it better that these marriages should be validated by an Imperial Order in Council. We think the draft herewith sufficient, save that we think there should be inserted as a 5th Clause, a clause in the same terms as the 4th Clause of the Order in Council of 3rd October, 1895.

(3.) We think this power should be conferred by a Proclamation of the High Commissioner.

We have, &c.

The Right Honourable Joseph Chamberlain, M.P.,

&c.

&c.

&c.

RICHARD E. WEBSTER. ROBERT B. FINLAY.

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V. This Order shall not render valid any marriage which before the date of this Order has been declared invalid by any Court of competent jurísstiction, or affect any right deprudent on the calidity or invalidity thereof, or render valid any marriage either of the parties to which has during the life of the other hurfully intermarried with any other

Person

No Assistant or Acting Assistant Magistrate who has in any way been concerned in the solemnization of any such marriages as are by this Order made valid shall be subject to any penalty or forfeiture or to any legal proceeding whatsoever in respect thereof.

177, 4. This Order shall come into operation on a day to be fixed by the High Commissioner for South Africa by Proclamation,

R. E. W.

R. B. F.

Order in Council validating certain marriages solemnized in Southern Rhodesia by Assistant and Acting Assistant Magistrates.

Whereas certain marriages have heretofore been solemnized in the territories of South Africa, known as Southern Rhodesia, by Assistant or Acting Assistant Magistrates who had no lawful power and authority to solemnize such marriages; and whereas such marriages were entered into in a bona fide belief that an Assistant or Acting Assistant Magistrate had lawful power and authority to solemnize marriages; and whereas it is just and expedient to validate all such marriages, and whereas her Majesty the Queen has power and jurisdiction in the said territories.

Now, therefore. Her Majesty is pleased by and with the advice of Her Privy Council to order, and it is hereby ordered as follows:—

I. This Order may be cited as the Southern Rhodesia (Validation of Marriages) Order in Council 1899.

II. All marriages solemnized in Southern Rhodesia before the coming into operation of this Order, by any Assistant or Acting Assistant Magistrate duly appointes, are hereby declared to have been and to be as legal, valid and effectual marriages to all intents and purposes as if such marriages had been solemnized according to Law.

II. Nothing in this Order contained shall be construed so as to render valid any such marriages as aforesaid which would be void ab initio in Law by reason of any other ground than the fact that an Assistant or Acting Assistant Magistrate had not lawful power and authority to celebrate such marriages.

IV. The parties to any marriage in the second section of this Order referred to shall be entitled to have the marriage registered at such place, and in such manner, as is required by Law for the registration of marriages in Southern Rhodesia, and a certified copy of the register of any such marriage shall be deemed and taken to be good evidence of such marriage before all Courts and for all purposes whatsoever.

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PUBLIC RECORD OFFICE

Reference :-

TELEC.O. 885

السيا

14 PUBLIC RECORD OFFICE, LONDON

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