236 Timehri. 
Section 145 reads :— 
“No marriage shall be contracted under this Ordinance, or if so contracted 
and registered, the same shall be null and void ab initio where it is shown that 
either of the parties has or had at the time of such contracting and registration, 
a wife or husband alive, or where either parties is directly descended from the 
other, or where the female is a sister of the male, either by the full or half blood 
or where the male is a brother of the female, either by the full or the half blood.” 
The term “ Immigrant ’’ has a special meaning in this part of the Ordinance 
and unless the context otherwise requires is “‘ any person introduced or coming 
into this colony from Asia whether directly or indirectly, and whether wholly 
or in part, at the expense of the Immigration Fund or otherwise and includes 
any descendant of such person. ” 
There are other provisions as to marriages before a Magstrate; they are 
civil marriages and as such are governed by the Common Law of the colony. 
Now how far have the provision of Section 151 ever been carried out? Ido 
not know nor have I ever heard of a case in which the personal law has come in. 
Perhaps there are some cases in which the marriage has been contracted under 
the provisions of this section. I know of one of very recent date. But I very 
much question whether any Asiatics are aware of the fact that their personal 
law can be invoked or if there is any decision as to the interpretation of that 
section of the Ordinance which deals with their marriage according to their 
religion and personal law and the effect such marriage has on their property. 
IT presume all Asiatics coming to the colony, even if first-class passengers by 
the Royal Mail, are registered at the Immigration Department. If they are 
not the records of that Department cannot fulfil the obligations of the law. 
If there is a real intention to benefit the Asiatic subjects of His Majesty the fact 
that they can be married according to their own religious rites and that their 
property can be administered according to their personal law ought to be made 
more widely known. It could be easily done by appointing duly registered 
Pundits or Moulvies, selected for their character and popularity, who would be 
required to keep in touch with the authorities and be responsible for the proper 
conduct of the duties entrusted to them. 
Action of this kind would, I am sure, have a good effect and tend to the 
further advancement of those members of our population who have doneso much 
towards keeping the colony from rushing down hill. 
There are many who will disagree with me in my contention that the East 
Indian should have his own laws with respect to his marriage and inheritance, 
on the ground that as they are part and parcel of the community there should be 
one law for all and that if they come here they must take the consequences. 
That is all very well in its way, but we must not forget that in the British 
Empire there are many races and religions and that it is our proud boast that 
we have religious freedom. If we grant religious freedom is it logical to refuse 
the laws and customs which these religions entail ? In all our other possessions 
where Asiatics or natives form a large proportion of the population, they are 
safeguarded. Where other people occupy that position their rights are pro- 
tected. Take of our other colonies, the Transvaal, Orange Free State, Natal, the 
