CHAP. 128. An Act for the relief of William Arthur Lavell. [Assented to 23rd June, 1887.] HEREAS William Arthur Lavell, of the town of Preamble. Smith's Falls, in the county of Lanark, in the Province of Ontario, physician, has, by his petition, humbly set forth in effect, that on the twenty-ninth day of September, in the year of our Lord one thousand eight hundred and eighty-two, at the city of Hamilton, in the Province of Ontario, the marriage ceremony was performed between him, the said William Arthur Lavell by and under the false name of Arthur Vane, and Ada Mary Lavell (née Caton) by and under the false name of Marie Herbert; that afterwards the said Ada Mary Lavell (née Caton) was married to one William Garibaldi Fralick at Newburgh in the county of Addington, and left Canada with the said Fralick for some part of the United States, and has since been living and cohabiting with the said Fralick; and whereas it appears by the evidence that the said marriage ceremony was not followed by consummation; and whereas the said William Arthur Lavell has prayed that the marriage between him and the said Ada Mary Lavell (née Caton), if any existed by reason of the said ceremony, should be dissolved, annulled and put an end to, and that he may be enabled to contract matrimony with and marry any other person with whom it would have been lawful for him to contract matrimony, if no marriage ceremony had been performed in respect of the said William Arthur Lavell and Ada Mary Lavell (née Caton); and whereas it is proper and 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 William Arthur Marriage Lavell and the said Ada Mary Lavell (née Caton), his wife, annulled. entered into and celebrated at the city of Hamilton on the twenty-ninth day of September, one thousand eight hundred and eighty-two, is hereby declared to have been and to be null and void, and the same is hereby annulled, to all intents and purposes whatsoever. W. A. Lavell may marry again. 2. It shall be lawful for the said William Arthur Lavell at any time hereafter to marry any other woman whom he might lawfully marry in case the said marriage had not been solemnized. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAP. CHAP. 129. An Act for the relief of John Monteith. [Assented to 23rd June, 1887.] W HEREAS John Monteith, of lake Rosseau, in the dis- Preamble. trict of Parry Sound in the Province of Ontario and Dominion of Canada, hotel-keeper, has, by petition, humbly set forth that he and Mary Ann Monteith, formerly Mary Ann Wright, are both British subjects, and that the said John Monteith is resident and domiciled in this Dominion, and that the said Mary Ann Monteith, until her elopement as hereinafter mentioned, was resident and domiciled in this Dominion, but is now supposed to be a resident of the United States of America; and that a marriage in due form of law was had and solemnized between them, in the Province of Ontario, on the thirty-first day of December in the year of Our Lord one thousand eight hundred and seventy; and that on the eleventh day of May in the year of Our Lord one thousand eight hundred and eighty-five, the said Mary Ann Monteith deserted her said husband and their four children, issue of their said marriage, and eloped with one William G. Norton, with whom she committed adultery; that since the date last aforesaid she has remained separate and apart from her said husband; and whereas the said John Monteith has made proof of the facts above recited, and it is expedient that the prayer of the said petitioner 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 John Monteith and Mary Marriage Ann Monteith, his wife, is hereby dissolved and shall hence- dissolved. forth be null and void to all intents and purposes whatso ever. 2. It shall be lawful for the said John Monteith here- J. Monteith after to marry any other woman whom he might lawfully may marry marry in case the said marriage had not been solemnized. again. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty. CHAP. Preamble. Marriage dissolved. CHAP. 130. An Act for the relief of Marie Louise Noel. [Assented to 23rd June, 1887.] HEREAS Dame Marie Louise Noel, formerly of the town (now city) of Sherbrooke, in the district of Saint Francis, in the Province of Quebec, but now of the city of Philadelphia, in the State of Pennsylvania, one of the United States of America, hath, by her petition, humbly set forth that on the nineteenth day of April, in the year of Our Lord one thousand eight hundred and sixty-nine, she was lawfully married to Robert L. Johnson; that they lived and cohabited together as husband and wife for a period of six weeks following said marriage when the said Robert L. Johnson refused to live with the said Marie Louise Noel, or to maintain and support her as his wife; that afterwards in the year of Our Lord one thousand eight hundred and seventy-two, the petitioner cohabited with the said Robert L. Johnson for one night only; that the said Robert L. Johnson afterwards, to wit, in the year of Our Lord one thousand eight hundred and eighty-two, lived in a state of adultery in various parts of Canada with a certain person named in the evidence; that the said Marie Louise Noel discovered that he had been leading an irregular life; that the said Robert L. Johnson has ever since continued to live apart from the said Marie Louise Noel; and that the said Robert L. Johnson has by his said conduct dissolved the bonds of matrimony on his part; and whereas the said Marie Louise Noel has humbly prayed that the said marriage may be dissolved so as to enable her to marry again, and that such further relief may be afforded her as may be deemed fit; and whereas the said Marie Louise Noel has proved the allegations of her said petition and has established the adultery above mentioned; and 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 Marie Louise Noel and Robert L. Johnson, her husband, is hereby dissolved, and and shall be henceforth null and void to all intents and purposes whatsoever. 2. It shall be lawful for the said Marie Louise Noel at M. L. Noel any time hereafter to marry any other man she might law- may marry again. fully marry in case the said marriage with Robert L. Johnson had not been solemnized. such case. 3. In the event of the said Marie Louise Noel hereafter Rights in marrying, she and the man whom she so marries and the issue, if any, of any such marriage shall have and possess the same rights in every respect as if her said marriage with the said Robert L. Johnson had never been solemnized. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAP. |