CO885-(16-18) — Page 390

Printed for the use of the Cabinet.

Miscellaneous

No. 190.

COLONIAL MARRIAGES BILL.

PUBLIC RECORD OFFICE

C.O-885

Reference :-

THOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

ALLY

17 PUE

།

CORD OFFICE, LONDON

7

In 1902, Lord Hugh Cecil approached Mr. 12385,02. Chamberlain with a view to getting the Colonial Marriages Bill so amended as to allow of the withdrawal of his and his friends' objection. After private correspondence & draft (A. annexed) was produced which differed from the various Bills that had previously been before the two Houses in

following important particulars:

the

1. Marriage was defined in such a way as to exclude polygamous marriages.

2. Any monogamous marriage legal in Colony was included and not merely marriage with a deceased wife's sister.

3. The Bill applied to all British Territory and not simply to the United Kingdom, though self-governing Colonies were only to be included if giving reciprocal relief.

This Department objected to the phrase Crown Colonies' in section 2 and proposed instead the usual method of applying the Bill to all His Majesty's Dominions except Colonies named in a schedule,

The second clause was consequently altered to "2. This Act shall apply to all His Majesty's dominions except the Colonies named in the schedule (being the self- governing Colonies), but if, by any law made before or after the passing of this Act by the Legislatures of any of the Colonies named in the schedule, provision is made to recognise the law of inherit ance as defined by this Act, His Majesty may, by Order in Council, apply the pro- visions of this Act to such Colony or Colonies,"

and the Bill was introduced in this form.

The phraseology of this revised clause was, however, objected to by this Department as vague and unusual, and the Treasury were accordingly requested to instruct the Parlia- mentary Counsel to frame amendments to remove these defects.

• No doubt destroyed.

CO G 711

WE

4/06

5 D&S

21395Page 391

Printed for the use of the Cabinet.

Miscellaneous

No. 190.

COLONIAL MARRIAGES BILL.

PUBLIC RECORD OFFICE

C.O-885

Reference :-

| ALLY SMITHOUT PERMISSION OF THE

BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

17 PUB

CORD OFFICE, LONDON

In 1902, Lord Hugh Cecil approached Mr. 12385,02. Chamberlain with a view to getting the Colonial Marriages Bill so amended as to allow of the withdrawal of his and his friends' objection. After private correspondence* a draft (A. annexed) was produced which differed from the various Bills that had previously been before the two Houses in the following important particulars

1. Marriage was defined in such a way

as to exclude polygamous marriages.

2. Any monogamous marriage legal in a Colony was included and not merely

marriage with a deceased wife's sister.

3. The Bill applied to all British Territory and not simply to the United Kingdom, though self-governing Colonies were only to be included if giving reciprocal

relief.

This Department objected to the phrase "Crown Colonies" in section 2 and proposed instead the usual method of applying the Bill to all His Majesty's Dominions except Colonies named in a schedule,

The second-clause was consequently altered to "2. This Act shall apply to all His Majesty's dominions except the Colonies named in the schedule (being the self- governing Colonies), but if, by any law made before or after the passing of this Act by the Legislatures of any of the Colonies named in the schedule, provision is made to recognise the law of inherit- ance as defined by this Act, His Majesty may, by Order in Council, apply the pro- visions of this Act to such Colony or Colonies,"

and the Bill was introduced in this form,

The phraseology of this revised clause was, however, objected to by this Department as vague and unusual, and the Treasury were accordingly requested to instruct the Parlia mentary Counsel to frame amendments to remove these defects.

• No doubt destroyed.

ca G 714 Wt

4/06 D&S 5

21395