1240 ADMINISTRATION AND LEGISLATION [PART V
The Secretary of State approved the Bill in a dispatch of
February 20, 1890. Ie pointed out that in this case, as
distinct from the New South Wales case, the Bill was passed
after a general election at which the Bill had been brought
prominently before some of the constituencies, and that its
general acceptance throughout Australia was shown by
similar Bills brought into the Parliaments of New South Wales
and South Australia, and by the action of all the Australian
Agents-General, who had called upon him and made represen-
tations to him of the will of the people of Australia. The
third condition mentioned in the New South Wales dispatch
was fulfilled by the adoption of the principle of domicile, and
he laid stress on the fact that he understood from the Agents-
General that the addition of the words ‘for two years or
ipwards’, was not intended to limit the effect of the word
domicile, but merely to require the further condition that the
lomicile was bona fide domicile.
The New South Wales Parliament accordingly re-enacted
the Bill of 1887 with amendments, and it became law as No.
37 of 1892, and since then the Colonies of Australia have freely
legislated on the subject of divorce on the principles laid down,
viz. the adoption of divorce as resting on domicile, with, how-
aver, the exception of the deserted wife,! and giving divorce
for such causes as they deem desirable without reference to
the backward condition of English law on the topic. But
Queensland, South and Western Australia. and Tasmania
still follow the English law.
It is, however, somewhat doubtful if the harmony of
legislation is any longer maintained. The New South Wales
Act No. 14 of 1899 presents a curious series of alternative
possibilities ; any husband may petition under s.12 in the
* This principle also applies in Natal under Law No. 18 of 1891 ; see
Thomas v. Thomas, 23 N. L. R. 38 ; Wright v. Wright, 27 N. L. R. 651;
Sandberg v. Sandberg, 27 N., L. R. 684. Otherwise the Natal rule is strict ;
see Steer v. Steer, 16 N. L. R. 237 ; Friedman v. Friedman, 23 N. L. R. 25 ;
Lea v. Lea, ibid., 91; Htheridge v. Etheridge, ibid., 180; Laughlen v.
Laughlen, 26 N. L. R. 230. Contra, Thurgood v. Thurgood, 17 N. L. R. 49,
and of. Mason v. Mason, 4 E. D. C. 330, where a vagabundus is declared
znable to change his wife's domicile.