Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

CHAP. IX] DIVORCE AND STATUS 1247 all purposes the validity in England of such marriages, and then the next step was to validate them for England by an Act of 1907, a clear and interesting case of the reaction of % statute passed for the benefit of persons in the Colonies for the benefit of persons in the United Kingdom, however ludicrous the benefit may seem to be.t [t may be noted that the status of alipding of the other Marriages permitted contrary to the English law by Colonial Acts in this country remains doubtful ; the question is, of Sourse, solely one of private international law as interpreted by the English Courts, and their attitude seems not yet absolutely fixed.2 It may be added that a new difficulty has been added somewhat gratuitously by the passing of Acts in several of the Australian states, including Western Australia® and Tasmania, for legitimation after subsequent matrimony, which omit the important provision that the legitimation should depend on the parents having been legally able to intermarry at the time when the actual marriage took place, as required in the Scottish law. This will have the result of throwing doubt on the status of such offspring, and it seems totally impossible to defend the Acts. * See Parl. Pap., Cd. 2398 ; Hansard, ser. 4, cxlix. 524-7; clvii, 316-33 ; 1548-57; clxxx. 1423 seq. ; Act 6 Edw. VIL c. 30; 7 Edw. VIL c. 47. ? An Imperial Act (28 & 29 Vict. c. 64) was deemed necessary to validate imperially Acts passed locally to validate ex post facto marriages, but it only validates marriages which would have been legally possible under English law, and its effect therefore may be disregarded. The difficulty now is what will be regarded as a valid marriage in England, e.g. in the 2ase of persons not domiciled in the Colonies, and the Act cannot prejudice such marriages as Tarring, Law relating to the Colonies,® pp. 133, 134, seems to suggest. See Dicey, op. cit., pp. 479 seq. ? The Bill was very properly reserved by the Governor, but was assented soin 1910, as the Imperial interest affected is very slight, consisting merely of the general interest in avoiding legal difficulties; see No. 44 of 1909. ‘5 Edw. VIL No. 3. The other Australasian Acts follow the Scottish law ; see New South Wales, No. 23 of 1902; Victoria, No. 1835; Queens- land, 63 Vict. No. 11; South Australia, No. 703; New Zealand, No. 28 of 1894; so in Quebec under the Civil Code, ss. 237-9, and in South Africa ander the Common Law; see Fitzpatrick, Journ. Soc. Comp. Leg., vi. 37, 38, 40-3. But see Victoria Parliamentary Dzbales, 1911, pp. 660-71.

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