CHAP. 47. Preamble. Her marriage annulled. An Act for the relief of Victoria Elizabeth Lyon. [Reserved for the signification of Her Majesty's pleasure, 10th May, 1878; Royal Assent given 29th June, 1878, and proclaimed 17th August, 1878.] HEREAS Victoria Elizabeth Lyon, of the City of Ottawa, in the County of Carleton and Province of Ontario, wife of John Lyon, of the same place, grocer, hath, by her petition, humbly set forth that, on the thirtieth day of October, one thousand eight hundred and sixty-two, she was lawfully married to the said John Lyon, at Christ Church, in the said City of Ottawa, by the Reverend J. S. Lauder; that the said John Lyon and Victoria Elizabeth Lyon lived together in married life until about the fifteenth day of March, one thousand eight hundred and seventy-five; that there were born of the said marriage seven children, five of whom are still living; that for some time previous to the said fifteenth day of March, the said Victoria Elizabeth Lyon was aware that the said John Lyon was living in adultery with several women, and that he has been so doing since; that about the said fifteenth day of March, the said Victoria Elizabeth Lyon discovered that the said John Lyon had contracted infamous disease, whereupon the said Victoria Elizabeth Lyon refused to further live or cohabit with the said John Lyon as his wife; that owing to the said facts, it became impossible for the said Victoria Elizabeth Lyon to continue the relation of married life with the said John Lyon; that since the said fifteenth day of March, one thousand eight hundred and seventy-five, the said John Lyon has wholly neglected and refused to support, or to provide for, the said Victoria Elizabeth Lyon and the children of the said marriage, and has wholly deserted them; that the said Victoria Elizabeth Lyon is desirous of having the said marriage dissolved, annulled, and put an end to, so that she may be free from the same, and enabled to contract marriage with any other person or persons with whom it would have been lawful for her to contract marriage if they, the said Victoria Elizabeth Lyon and John Lyon had not intermarried, that any children born of such future marriage be legitimate, and that the said Victoria Elizabeth Lyon do have the custody of her said children, the issue of her marriage with the said John Lyon; and whereas, it is proper and expedient that the prayer of the said Victoria Elizabeth Lyon should be granted: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The marriage between the said Victoria Elizabeth Lyon and John Lyon, her said husband, shall be and the same is hereby dissolved, and shall be henceforth null and void to all intents and purposes whatsoever. have the 2. The said Victoria Elizabeth Lyon shall henceforth have She shall the custody and care of the children of the said marriage, custody of her namely: John George Albert Lyon, Hubert Douglas Lyon, children. Matilda Agnes Lyon, Lyman Perkins Lyon, and Victor Harold Lyon. 3. It shall and may be lawful for the said Victoria Eliza- She may beth Lyon at any time hereafter to marry any other man, marry again. with whom she might lawfully marry in case the said first mentioned marriage had not been solemnized; and in the event of the said Victoria Elizabeth Lyon hereafter marrying, Her rights she and the man with whom she so marries, and the issue, and her husif any, of such marriage, shall have and possess the same children's in rights in every respect as if the said first mentioned such case. marriage had never been solemnized. band's and CHAP. 48. An Act for the relief of George Frothingham Johnston. Reserved for the signification of Her Majesty's pleasure, 10th May, 1878; Royal WHEREAS, George Frothingham Johnston, of the City Preamble of Montreal, Esquire, hath, by his petition, humbly set forth that on the twenty-fourth day of March, one thousand eight hundred and seventy-two, he was married to Charlotte Elsie McArthur without any antenuptial contract being entered into between them; that the said Charlotte Elsie McArthur was under his protection and authority and lived with him as his wife up to about the eighth day of October, one thousand eight hundred and seventy-six, when he discovered that she had been leading an irregular life and had been committing adultery with one Henry Julius Fisk within a year next preceding and up to and on that date; that the said Charlotte Elsie McArthur had by her conduct dissolved the bond of matrimony on her part; that thereupon the said George Frothingham Johnston left the house where he had been residing with the said Charlotte Elsie McArthur and had ever since continued to live apart from her; that the said George Frothingham Johnston_forthwith instituted an action against the said Henry Julius Fisk under the number one thousand nine hundred and seventy-seven (1,977) in the Superior Court for the District of Montreal, charging him with his said adulterous correspondence with the said Charlotte Elsie McArthur, and claiming twenty thousand dollars on account thereof; that on the nineteenth day of December, one thousand eight hundred and seventysix the said Superior Court rendered judgment in the said cause Marriage annulled. George F. marry again. cause adjudging the said Henry Julius Fisk guilty of said adulterous correspondence, and condemning him to pay to the said George Frothingham Johnston the sum of one thousand dollars with interest and costs; and that there had been no collusion directly or indirectly on the part of the said George Frothingham Johnston relative to any act of adultery which had been committed by the said Charlotte Elsie McArthur; wherefore he humbly prayed that the said marriage might be dissolved so as to enable him to marry again, and that a Bill might be passed declaring the said marriage dissolved, null and void to all intents and purposes. whatsoever, and the community of property existing between the said George Frothingham Johnston and the said Charlotte Elsie McArthur ended, and permitting the said George Frothingham Johnston at any time hereafter to contract matrimony and to marry any other woman he might lawfully marry in case the said marriage had not been solemnized; and further, that in case the said George Frothingham Johnston should again contract marriage and should have issue, such issue should be to all intents and purposes legitimate; and whereas it is expedient that the prayer of the said petition should be granted: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The said marriage between the said George Frothingham Johnston and Charlotte Elsie McArthur, his wife, shall be henceforth null and void to all intents and purposes what soever. 2. It shall be lawful for the said George Frothingham Johnston may Johnston, at any time hereafter to contract matrimony with any other woman with whom he might lawfully marry, in case the said marriage had not been solemnized. Issue of any to be legiti mate. as such. 3. In case of the said George Frothingham Johnston again such marriage contracting matrimony with any person or persons with whom it would have been lawful for him to contract matrimony, if they, the said George Frothingham Johnston and Charlotte Elsie McArthur had not intermarried, and having any issue born to him by such person or persons, the said issue so born shall be and are hereby declared to be, to all Their rights intents and purposes, legitimate, and the rights of them the said issue and each of them, and of their respective heirs, as respects their and each of their capacity to inherit from any person or persons whomsoever, have, hold, enjoy and transmit all and all manner of property, real or personal, of what nature or kind soever, shall be and remain the same as they would have been, to all intents and purposes whatsoever, if the marriage between the said George Frothingham Johnston and Charlotte Elsie McArthur had not taken place. TREATIES BETWEEN HER MAJESTY THE QUEEN AND FOREIGN POWERS. OTTAWA : LAW PRINTER TO THE QUEEN'S MOST EXCELLENT MAJESTY, |