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that the Colonial law would then have the effect of changing the law of another country. With regard to the proposal which has just been made on the part of Sir Samuel Griffith, look what the effect of it would be. Supposing that in some Colony the Parliament of that Colony declined to pass a Deceased Wife’s Sister Bill, so that marriage with a deceased wife’s sister was not legal in that particular Colony, the Bill that is proposed in the memorandum just read would govern the succession of property in the recusant Colony, although it had refused to pass the Act.
Mr. Adye Douglas: No, it would not.
Sir F. Dillon Bell: Yes, it would, in this way. Suppose the cases of a Colony which said, “We will not allow marriage with a deceased wife’s sister,” and of another Colony which said, “We will allow it;” and suppose a person who was domiciled in the Colony that did allow it, contracted such a marriage and came and lived in the Colony that did not allow it, and created property there (which is the exact argument). Then, merely because the marriage had been legalised in the first-named Colony, the children would inherit the property in the second Colony, although the Act was not in force there, and although the children of such marriage contracted in the second Colony would not inherit. This would undoubtedly be the effect of saying that a marriage which was recognised in a Colony should be good all over Her Majesty’s dominions.
The President: Clearly the second Colony would be exactly in the same position as England is now,[1] and that must be recognised of course fully.
- ↑ Yes; but since the Colony has, as regards marriage, no independent power of legislation there would be no invasion of its rights. No Colony is
