CO129-268 - Governor Sir Robinson - 1895 [7-11] — Page 216

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

there existing

between

new aud) 190-

mow is not the relation which in

Chirskudou we recoquise and inked by the words "husband" or "wife" "but another and oc

actogether different relation,

the we

of a

a

common term to express

aparato

there two different relations will not make them one and the same, though it may

hand to confive them to a ficial obverver. The language of Lord Brougham in Warrender V. Warrender

super-

to to these

2 Chr. 551 is very

is very appropriate considerations: "If, indeed, there

"go

be

two things under one and the same "name in different countries- if that " which is called i marriage

is of a dif- "ferent nahere in each - there

may some room for holding that we are " to consider the king to which the "parkes have bound Kenwelves accord- ing to its legal acceptance in the "country where the

where the obligation " contracked . But marriage

was

is one and

the

212

the same thing substantially all the

Chrishan world over. Our whole law.

of marriage assumes this; and it is important to observe that we regard it wholly different thing, a different

Turkish or

A C

states from

among

other marriages

infidel nations, because we clearly should never

recognise the plurality of wives, and consequent sa- lidity of second marriages, standing the first, which second marriages the laws of those countries authorise and validate. This cannot be put on any rational ground, except.

our holding

the infidel marriage to be something different from the Christian, and our also holding the Chriskan marriage everywhere. Therefore, all that the Courts of one country have

to be the same

to determine is whether or not the

- that known called marriage.

thing

relation of persons, that relation which

those Combs are

acquainted with,

and

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