No. 59, Legislative
18th July 1865
Referring to my Despatch No 33 dated 25th May 1865 on the subject of Marriage Licences issued by the Governor of this Colony I have now the honor to transmit further papers named in the margin
Resolution of Legislative Assembly (and opinion of Acting Attorney General).
17th June 1865, Bill to regulate the payment and application of fees for Marriage Licences.
upon the same subject with a view to receiving your instructions in the event ofaManuscript image a similar Bill to that now transmitted being passed by the Legislative Assembly in any future Session.
The documents herewith explain themselves and I have only to remark that the "Bill to regulate the payment and application of fees for Marriage Licences" passed the Legislative Assembly but was not considered by the Legislative Council by reason of the late period at which itpassedManuscript image passed the Assembly.
I have the honor to be,
Your most obedient Servant
A.E. Kennedy
Minutes by CO staff
Manuscript image
ABd 18 Sepr
I would write that so long as marriage licences are issued by the Governor in virtue of his Commission the fees receivable on the issue of such licences form properly part of the Cr. Revenue & that he will not in the present state of affairs be at liberty to assent to a Bill transferring these receipts to the General Revenue.
FR 18/9
EC 19
Documents enclosed with the main document (not transcribed)
Manuscript image
J.S. Helmcken, Speaker, to Kennedy, 17 June 1865, forwarding a resolution passed by the Legislative Assembly recommending "that a Bill be brought in authorizing the issuing of 'Marriage Licences,' the fees for which shall be paid into the General Revenue of the Colony."
Manuscript image
Memo, Kennedy to [Acting Attorney General], 21 June 1865, forwarding copy of the resolution and asking whether it could be complied with.
Manuscript image
Memo, T.L. Wood, Acting Attorney General, to [Kennedy], 21 June 1865, providing his opinion that as the right to issue marriage licences was vested in the governor's commission, he could not "introduce or sanction any Bill which detracts from the prerogative or revenue of the Crown."
Manuscript image
Copy of "A Bill to regulate the payment and application of fees for Marriage Licences," unsigned, no date.
Manuscript image
Wood to Colonial Secretary, 5 July 1865, providing his opinion that the act as noted above was "an interference with the prerogative and Revenue of the Crown to which His Excellency in obedience to his Instructions cannot assent."
Other documents included in the file
Manuscript image
Draft reply, Cardwell to Kennedy, No. 53, 25 September 1865.