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order of court.

where both parties offend '

ah settlements, &c, marrUge U void. -1880, No. 21, sec. 43

Proceedings to be withm one year. i i, sec. 44 Like forfeiture for fXe r 'notio U e nder ibid, sec. 45 Making false declaration. False representation - bid, sec. 47

Like forfeiture for marriage under false notice. Ibid, sec. 45

Making false declaration. Ibid, sec. 46

False representation. bid, sec. 47

Such 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 persona] estate or pecuniary benefits from such marriage. If both the parties so contracting marriage shall, in the iudgment 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. 49. All agreements, settlements, and deeds entered into and exeeuted by the parties to any 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. 50. Any original information to be filed for the purpose of obtaining a declaration of any such forfeiture as aforesaid shall be filed within one year after such relator or relators hath or have known or discovered the solemnisation of the marriage by which such forfeiture shall have been incurred. 51. If any valid marriage shall be had under the provisions of tnis Act Dv means of any false notice, certificate, or declaration, made by either party to such marriage, as to any matter to which a notice, certificate, or declaration is herein required, it shall also be 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 thereupon and the consequences thereof shall be the same as hereinbefore provided. Offences. 52. Every person who shall knowingly and wilfully make any false affirmation or declaration for the purpose of procuring any Registrar's certificate shall be liable to imprisonment with or without hard labour for any term not exceeding two years, or to a penalty not exceeding fifty pounds. 53. Every person who shall forbid the issue of the Registrar's certificate by falsely representing himself or herself to be a person

12

Marriage Acts Compilation.

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