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.
