CO885-(18-19) — Page 96

Printed for the use of the Cabinet.

Miscellaneous

L

No. 205.

Wil

PUBLIC RECORD OFFICE

| | | | | | | | |

19

Reference :-

C.O.885

COPYRIGHT PHOTOGRAPH-NOT TO

18 PUBLIC

ALLY W

BE REPR

ERMISSION OF THE PHOTOGRAPHIC-

OFFICE, LONDON

11th May, 1905.

29th May,

1905.

2nd June,

1905,

6th July,

1905.

14th March, 1907.

EVIDENCE

(COLONIAL STATUTES).

BILL, 1907.

MEMORANDUM.

At present Colonial laws are regarded by English Courts as foreign laws for the purposes of proof, and have to be proved by oral evidence of a qualified expert.

In February, 1905, at the request of his Prime Minister, the Governor-General of Australia brought to the notice of the Secre- tary of State for the Colonies a case in which a man had been acquitted in England of embezzling his wife's money, on the ground- of absence of evidence that the Married Women's Property Act had been made effective in Victoria. Lord Northcote stated that the status of Colonial laws seemed to his Ministers anomalous, and that they asked that the advisability should be considered of introducing legislation requiring all courts and judicial tribunals in the United Kingdom. to take notice of all acts of the legislature of any

British Possession.

The Law Officers of the Crown agreed with the Secretary of State that such legisla- tion was undesirable, but that there would be no objection to legislation facilitating the proof of Colonial statutes. The matter was then referred to the Lord Chancellor, who was of opinion that there was no need for any legislation on the subject. Mr. Lyttelton, however, considered that a refusal to remove what the Colonies regarded as a grievance would cause disappointment in Australia, and accordingly communicated again with the Lord Chancellor, strongly recommending a bill, for political reasons. He also intended to discuss the question with Lord Halsbury personally, but owing to the change of Government the matter did not go any further.

י

The present Law Officers see no objection to such legislation.

The draft Bill provides that copies of Colonial and Indian laws shall be received in evidence in British courts, if purporting to be printed by the Government printer, with- out further proof, and makes it felony to print or tender in evidence a false copy of such a law.

The Act may be extended to Cyprus and British Protectorates by Order in Council.

Colonial Office,

April 24, 1907.

5 G 818

Wt 2672 5,07 D & B 5 28202

[P.T.O.