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The Pamphlet Collection of Sir Robert Stout: Volume 12

Vi. Forfeiture of Property Acquired by Marriage

Vi. Forfeiture of Property Acquired by Marriage.

§ 45. If any valid marriage shall, after the said

On marriage of minors without consent, offending party to forfeit property acquired by such marriage.

first day of January, 1855, be procured by a party to such marriage to be solemnized between persons one or both of whom shall be under the age of twenty-one years, not being a widower or widow,

1854, Act No. 12, Sec. 31.

contrary to the provisions of this Act, by means of such party falsely swearing or declaring to any matter or matters to which such party is herein-before required personally to declare, such party wilfully and knowingly so declaring, then and in such case it shall be lawful for Her Majesty's: Attorney-General, by information in the Supreme Court, at the relation of a parent or guardian of the minor, whose consent has not been given to such marriage, to sue for a forfeiture of all the estate, right, title, and interest in any property which hath accrued or shall accrue to the party so offending, by force of such marriage; and such: page 16

Marriage Acts.

Court shall have power in such suit to declare such forfeiture, and thereupon to order and direct that all such estate, right, title, and interest in all property as shall then have accrued or shall thereafter accrue, to such offending party by force of such marriage, shall be secured under the direction of such Court, for the benefit of the innocent party, or of the issue of the marriage or of any of them, in such manner as the said Court shall think fit, for the purpose of preventing the party offending from deriving any interest in real or personal estate or pecuniary benefits from such marriage; and if both the parties so contracting marriage shall, in the judgment of the Court, be guilty of any such offence as aforesaid, it shall be lawful for the said Court to settle and secure such property or any part thereof immediately for the benefit of the issue of the marriage, subject to such provisions for the offending parties by way of maintenance or otherwise as the said Court under the particular circumstances of the case shall think reasonable, regard being had to the benefit of the issue of the marriage during the lives of the parents, and of the issue of the parties respectively by any future marriage, or of the parties themselves, in case either of them should survive the other.

All settlements &c. on any such marriage void.

§ 46. All agreements, settlements, and deeds entered into and executed by the parties to any

1854, Act No. 12, Sec. 32.

marriage in consequence of or in relation to which marriage such information as aforesaid shall be filed by either of the said parties before and in contemplation of such marriage or after such marriage for the benefit of the parties, or either of them, or their issue, so far as the same shall be contrary to and inconsistent with the provisions of such a security and settlement as shall be made by or under the direction of the Supreme Court as aforesaid, under the authority of this Act, shall be absolutely null and have no force or effect.
page 17
§ 47. Any original information to be filed for the

Marriage Acts.

purpose of obtaining a declaration of any such forfeiture

Proceedings to be taken within one year after such marriage.

as aforesaid, shall be filed within one year; after such relator or relators hath or have known

1854, Act No. Sec. 33.

or discovered the solemnization of the marriage by which such forfeiture shall have been incurred.
§ 48. If any valid marriage shall be had under

If marriage be under false notice or certificate, like forfeiture.

the provisions of this Act, by means of any false notice, certificate, or declaration made by either party to such marriage, as to any matter to which

Ibid, Sec. 34.

a notice, certificate, or declaration is herein required, it shall also he lawful for the Attorney-General to sue for a forfeiture of all estate and interest in any property accruing to the offending party by such marriage, and the proceedings there-upon, and the consequences thereof, shall be the same as hereinbefore provided.