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CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

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

SIR,

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Enclosure 3 in No. 127.

The COLONIAL Secretary to Mr. MCNEIL.

Colonial Secretary's Office, Trinidad, 2nd June, 1913.

I AM directed by the Governor to forward, for your and Mr. Chimmanlal's information, the enclosed minute of the decisions arrived at at the Conference with you on your recommendations with regard to certain matters connected with East Indian immigrant labour in this Colony and amendments of the Immigration Ordi- nance, No. 161.

A copy will be sent to the Secretary of State for his further directions.

2. His Excellency desires me to express to you and Mr. Chimmanlal his very sincere thanks and appreciation of the great advantage and assistance that the Government of the Colony has received from your visit and enquiries here, and for your recommendations and suggestions, which it is anxious to carry out in every way that is found practicable.

I have, &c.,

S. W. KNAGGS,

Colonial Secretary.

J. McNeil, Esquire,

Delegate of His Majesty's Indian Government,

at Jamaica.

Enclosure 4 in No. 127.

MINUTE FROM THE REGISTRAR-GENERAL.

The HONOURABLE THE COLONIAL SECRETARY,

IN reply to His Excellency's request for a report from me on the subject contained in your Confidential letter, No. 1293, of 13th instant, I have the honour to state that à considerable experience of East Indians, obtained during my contact with these people in La Brea and Oropuche, while I held the offices of Warden and Magistrate of that Ward Union, in which there are several large East Indian settle- ments, has induced me to believe that one of the principal causes for the non-registra- tion of immigrants' or East Indians' marriages is the disinclination of the priests to induce the parties to register their marriages; therefore, I do not think that the suggestion will improve the present state of things, and for other reasons I am inclined to believe that it may do a lot of harm.

In the first place, no minister of any denomination is allowed to be a Registrar of Marriages by any law in the Colony; and secondly, the appointment or recognition of a limited number of priests will be creating a sort of monopoly in performing marriage ceremonies, which those who know the “babagee," pundit," "mahradge,"

or

mullah" in this Colony would consider very objectionable.

Thirdly, it will be almost impossible, if not quite so, to get these priests to keep registers, for experience with educated Christian ministers has convinced me of the proneness of human nature in the divine to err, and it is only with great difficulty that these ministers are compelled to comply with the law in the keeping of their registers.

It is nevertheless desirable that the marriages of East Indian immigrants should be registered, as the omission to do so swells undeservedly the number of illegitimates in this section of the Colony's population, and reflects unduly on the morality of the people generally.

If I may make an alternative suggestion, I strongly recommend that Part X. of Ordinance 161 be revised and amended, so as to make registration of immigrants' marriages compulsory, and to penalise those, such as priests, guardians, and the parties (if adults), neglecting to register marriages with the District Registrars.

This division of Ordinance 161 was originally a separate enactment, and in many respects it is good. Section 172, however, should be either entirely repealed, or amended to allow of marriages being registered at any time, if the evidence required in Section 170 can be produced to the satisfaction of the Registrar.

I have known this section to prevent the registration of a marriage. Finally, I also recommend that, if my suggestion be adopted, the Ordinance

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should be published in the languages understood by those whom it will affect, or that its objects should be explained to them clearly, before it is enforced, because I am under the impression that, even in its present form, Part X. of the Immigration Ordinance is not known to, or understood by, the majority of the immigrants of this Colony,

THOMAS I. POTTER,

Registrar-General

16th May, 1913.

Enclosure 5 in No. 127.

MINUTE BY THE PROTECTOR OF IMMIGRANTS.

HONOURABLE COLONIAL SECRETARY,

ON 10th May, 1881, an Ordinance, No. 6, of 1881, intituled “ An Ordinance to make provision as to the Marriages and Divorces of Indian Immigrants," was passed by the Legislative Council, and came into operation on 1st day of July, 1881.

This is the same Ordinance that is now incorporated in Ordinance 161. Before 1881 there was no marriage or divorce law for the East Indians in this Colony.

It does seem hard upon those people who were married before that time that their children, though actually born in wedlock, should be yet considered as illegi- timate in Trinidad.

If a short Ordinance could be passed making the present law as to the registra- tion of marriages retrospective, it would be a very good thing; but I am not aware if this is possible.

I suggested this course many years ago, but the then Attorney-General (Mr. Nathan, I think) did not see his way to introduce such an Ordinance.

I would ask that the matter be referred to the Honourable Attorney-General for his opinion and advice.

7 December, 1911.

W. H. COOMBS, Commander, R.N.,

Protector of Immigrants.

Enclosure 6 in No. 127.

MINUTE BY THE Attorney-GENERAL.

HONOURABLE COLONIAL SECRETARY,

I Do not recommend legislation on the lines suggested in the minute of the Protector of Immigrants, dated 7th December, 1911, owing to the serious complica- tions that must arise if marriages which have been considered invalid since 1881 were now to be made valid. Vested interests would be seriously disturbed in directions which it would be most difficult to provide for.

18 December, 1911.

Enclosure 7 in No. 127.

MINUTE BY THE REGISTRAR OF THE SUPREME COURT.

THE HONOURABLE THE COLONIAL SECRETARY,

H. C. GOLLAN.

I FORWARD, for the information of His Excellency the Governor, a return prepared at the request of Mr. McNeil, I.C.S., relating to the trials of East Indians in the Supreme Court.

It may be of interest to notice that the number of cases in which the crime was attributable to quarrels about women is not so large as is generally supposed.

T. A. THOMPSON,

2nd June, 1913.

Registrar.

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