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Mr. Downer: No, there is not.[1]
The President: Then you do not take it any further by saying it is recognised in all other countries. I am only asking for information.
Mr. Downer: In most[2]of the States of America the marriages would be lawful and would be recognised.
The President: As far as I know, England is exactly in the same position with regard to her Colonies as any other country in this respect, that if the marriage is not recognised as valid in that country, the issue of that marriage cannot inherit land in that country. I believe that is so.[3]
Mr. Downer: I am not prepared to say that you are wrong, therefore I do not wish to say anything upon that matter.
Mr. J. S. Dodds:I do not think there is any country in which that would not be the case as you have stated.
Mr. Downer: It is not at all probable, but there is no doubt about this, that the United Kingdom is about the only country in the world in which these marriages are absolutely prohibited. Whatever may be the laws of the European nations, dispensations can always be obtained, and there is no difficulty whatever in obtaining the celebration of these marriages.
- ↑ For the reason that there is no country outside the British Empire in which such marriages are not recognised.
- ↑ In all.
- ↑ In the French and Dutch Colonies, as in those of Spain and Portugal and the German Protectorates, the marriage law is that of the mother country, and what is valid in the colony carries with it all the consequences of legality throughout the respective states. The only answer, therefore, to the inquiry raised by Sir Henry Holland, is that which is furnished by the practice of federated States like those of America, where, in the opinion of the best authorities, a marriage legal at the place of contract, if not against public morals and in the general belief inimical to the interests of the federal community, would everywhere entitle the issue to inherit land.
