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PUBLIC RECORD

OFFICE

Reference :-

TILLC.O.885

16 PUBLIC RECORD OFFICE, LONDON

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

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enable civil marriages thereunder to be solemnized in such places as the Gilbert and Ellice Islands outside His Majesty's dominions, was to appoint the Deputy Commis- sioner of the group a marriage officer under the Act and Clause 9 of the Foreign Marriages Order in Council, 1892; but that it would seem that it would not be pos- sible to apoint the President of the island a marriage officer in Pitcairn unless Clause 9 of the Order in Council were amended so as to extend to places forming part of His Majesty's dominions.

That he was to say that you were disposed to think that the celebration of mar- riages in Pitcairn should be provided for under the Pacific Order in Council rather than under the Foreign Marriage Act (if that Act be applicable), and that the principal elder or other resident head of the Seventh Day Adventists should be instructed to make requisition as provided by Clause 118 of the Order in Council and should there- upon be registered as a minister for celebrating marriages. That it would also appear expedient to make a King's Regulation under Clause 108 (2) of the Order in Council validating all past marriages in Pitcairn.

That he was to request us to take the various documents and enactments referred to in his letter into our consideration, and to report-

(1) Whether the marriage between Walter Henry Petch and Esther Godfrey Coffin, referred to in the letter from the Board of Trade and its enclosures, was valid?

(2) What provision ought to be made for the lawful celebration in future of marriages in Pitcairn?

(3) Whether past marriages in Pitcairn should be validated by a King's Regu- lation?

(4) Whether, notwithstanding the provisions of the Pacific Order in Council, civil marriage under the Foreign Marriage Act was legally possible within the limits of the Order in Council in places:

a) outside His Majesty's dominions;

(b) forming part of His Majesty's dominions, and, if so, what steps should be taken to give effect to the Foreign Marriage Act in such places?

(5) Generally.

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

Report-

That (1) the marriage in question is in our opinion valid. The settlers at Pitcairn Island took with them only so much of the English common law as was applicable to their circumstances and the doctrine of R. v. Millis was, of course, quite inapplicable. Any marriage contracted in Pitcairn Island “ per verba de praesenti" is valid. If it were not so there could be no such thing as marriage in the island. The mere possibility that a marriage officer might be appointed or that a clergyman in epis copal orders might visit the island does not prevent the application of the law as to marriages of necessity if it were necessary to invoke this doctrine in support of the marriages now in question. The necessity must be determined by reference to cir cumstances as they in fact existed at the time of the marriage.

2. We think that provision might conveniently be made for the orderly cele- bration of marriages in future in Pitcairn Island by registration of the minister of religion under Art. 118 and the following articles of the Pacific Order in Council. 1893.

3. We think that it would probably be convenient that past marriages in Pit- cairn Island should be declared to be valid by King's Regulation, as it would be well that the parties who have entered into such marriages and their descendants should be protected against the possibility of litigation with regard to the validity of such marriages. The regulation, however, should be declaratory in form and should be so worded as to avoid the appearance of casting any doubt upon marriages which, in our opinion, are good at common law.

4. We are of opinion that there is nothing in the provisions of the Pacific Order in Council to prevent civil marriage under the Foreign Marriage Act within the limits

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of the Order in Council in places outside His Majesty's dominions. As regards placoes forming part of His Majesty's dominions, such marriages are not legally possible with- out an amendment of Clause 9 of the Foreign Marriages Order in Council, 1892. This clause would appear to have been drawn advisedly in its present form and in places within His Majesty's dominions the machinery of the Pacific Order in Council appears to us to be preferable to that of the Foreign Marriage Act.

The Right Honourable

Alfred Lyttelton, M.P.,

&c., &c.,

&c.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.