CHAPTER IX 
DIVORCE AND STATUS 
QuEsTIONS of marriage degrees and of divorce have arisen 
chiefly in the case of the Australian Colonies, probably be- 
cause there only has there been no body of opinion suffi- 
ciently strong to prevent the matter becoming the subject 
of advanced legislation. Such legislation was rendered im- 
possible once and for all in Canada since 1867, and the date 
of admission of the Provinces of British Columbia and Prince 
Edward Island, by the transfer to the Dominion of the sole 
power of legislating upon this topic, and the existence of 
the Roman Catholic population of Quebec and elsewhere in 
the Dominion. Newfoundland, with a large Catholic popu- 
lation, is in like case. In Victoria a Bill to amend the law 
of divorce was not assented to in 1860, but the measure 
became law in 1864.1 In 1877 and 1879 Bills as to divorce 
reserved in New South Wales were not assented to, but an 
Act of 1881 (No. 31) became law. In 1887 a still more im- 
portant Bill came forward from that Colony. The Bill did 
not receive the royal assent, but the dispatch of January 27, 
1888,% which intimated that it had not been found possible 
for the time being to advise the issue of an Order in Council 
confirming the Act, laid down certain matters as suitable 
tor further discussion in the Colony before a final decision 
as to the Act was arrived at. The first matter mentioned 
in that dispatch was the smallness of the majority by 
which the Bill had passed one of the Houses of Parliament, 
the Legislative Council; this was thought to show that 
the measure might not be really wanted by the people, 
and that further consideration might be desired. The 
second observation was that the measure would be very 
' Parl. Pap., H. C. 196, 1894, pp. 8, 9. 
* Summarized in Parl. Pap., C. 6006. See also Dilke, Problems of 
Freater Britain, ii. 282, p. 7; and for the laws, Parl. Pap., H. C. 144, 145, 
1894 ; Cd. 1785; New South Wales Debates, xxv. 260, 1079, 1605; Victoria. 
xii. 814. 827