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Governor may

tion, order

any person accused of any crime against the laws of the Province in which the escape occurs, may be retaken upon an escape.

4. In case at any time after such commitment as aforesaid, the in his discre- Governor determines that the person so committed, ought not to the discharge be so delivered as aforesaid, it shall be lawful for the Governor, of the person by a warrant under his hand and seal, to order such person to be discharged out of custody upon such commitment.

so committed.

Prisoner detained more than two

months after

commitment, &c., may be

discharged by

order of a Judge.

Duration of this Act.

In consistent enactments superseded

5. In case any person committed under this Act and the Treaty aforesaid, to remain until delivered up in pursuance of a requisition as aforesaid, be not delivered up pursuant thereto and conveyed out of Canada within two months after such commitment, over and above the time actually required to convey the prisoner from the Gaol to which he has been committed by the readiest way out of Canada, any one or more of the Judges of any of Her Majesty's Superior Courts in Canada, having power to grant a writ of Habeas Corpus, may, upon application made to him or them by or on behalf of the person so committed, and upon proof made to him or them that reasonable notice of the intention to make such application has been given to the Secretary of State of Canada, order the person so committed to be discharged out of custody, unless sufficient cause be shewn to such Judge or Judges why such discharge should not be ordered.

6. This Act shall continue in force during the continuance of the tenth article of the said Treaty and no longer.

7. The eighty-ninth chapter of the Consolidated Statutes of the late Province of Canada, and the Act of the Legislature of and repealed. that Province passed in the twenty-fourth year of Her Majesty's Reign, chapter six, are superseded by this Act and repealed, except as respects any proceedings commenced under them or either of them before the passing of this Act, which shall be continued and completed under them as if this Act had not been passed.

Except as to proceedings. commenced.

OTTAWA:-Printed by MALCOLM CAMERON, Law Printer to the
Queen's Most Excellent Majesty.

ANNO TRICESIMO-PRIMO

VICTORIE

REGINE.

CAP. XCV.

An Act for the relief of Joseph Frederick Whiteaves.

[Reserved for the signification of Her Majesty's pleasure thereon on the 22nd May, 1868; Royal assent given by Her Matesty in Council on the 7th July, 1868; Proclamation thereof made by His Excellency the Governor General on the 26th September, 1868.]

of

Case recited.

WHEREAS, Joseph Frederick Whiteaves, of the City of Preamble. Montreal, Esquire, Curator of the Museum of the Natural History Society of Montreal, hath, by his petition humbly set forth, that on the eighteenth day of June, one thousand eight hundred and sixty-three, he was married to Julia Wolff; that they lived and cohabited together as husband and wife up to about the seventh day of March, one thousand eight hundred and sixtysix, when he discovered that she had been leading an irregular life, and had been committing adultery with a certain person named in the evidence within a year next preceding that date; that thereupon the said Julia Wolff left the house of the said Joseph Frederick Whiteaves and has ever since continued to live apart from him; that the said Julia Wolff had by her conduct dissolved the Bond of Matrimony on her part; that the said Joseph Frederick Whiteaves had taken measures to establish judicially the adulterous correspondence of the said Julia Wolff, and was ready to prove the allegations of his said petition; wherefore he humbly prayed that the said marriage might be dissolved so as to enable him to marry again, and that such further relief might be afforded him as might be deemed fit; And whereas the said Joseph Frederick Whiteaves hath since procured a judgment against the said Julia Wolff establishing 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:

The marriage

contract

1. The said marriage between the said Joseph Frederick Whitand marriage eaves and Julia Wolff, his wife, is and shall be henceforth null and void to all intents and purposes whatsoever, as well as the marriage contract executed between the said Joseph Frederick Whiteaves and the said Julia Wolff, before S. J. Glackemeyer and his colleague, Notaries, on the seventeenth day of June, one thousand eight hundred and sixty-three.

annulled.

Whiteaves

may marry again.

The children of any such

marriage declared legiti

mate.

2. It shall and may be lawful for the said Joseph Frederick Whiteaves at any time hereafter, to contract matrimony, and to marry with any other woman with whom he might lawfully marry, in case the said marriage had not been solemnized.

3. In case of the said Joseph Frederick Whiteaves again contracting matrimony with any person or persons with whom it would have been lawful for him to contract matrimony, if they, the said Joseph Frederick Whiteaves and Julia Wolff had not intermarried, and having any issue born to him, the said issue so born shall be and are hereby declared to be, to all 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, have, hold, enjoy, and transmit all and all manner of property, real or personal, of what nature or kind soever, from any person or persons whomsoever, shall be and remain the same as they would have been, to all intents and purposes whatsoever, if the marriage between the said Joseph Frederick Whiteaves and Julia Wolff had not taken place.

OTTAWA:-Printed by MALCOLM CAMERON, Law Printer to the
Queen's Most Excellent Majesty.

PASSED IN THE SESSION HELD IN THE

THIRTY-SECOND AND THIRTY-THIRD YEARS OF THE REIGN

OF HER MAJESTY

QUEEN VICTORIA,

BEING THE SECOND SESSION OF THE FIRST PARLIAMENT OF CANADA,

Begun and holden at Ottawa, on the Fifteenth day of April, 1869, and closed by prorogation on the Twenty-second day of June, in the same year.

HIS EXCELLENCY

THE RIGHT HONORABLE SIR JOHN YOUNG,

GOVERNOR GENERAL.

OTTAWA:

PRINTED BY MALCOLM CAMERON,

LAW PRINTER TO THE QUEEN'S MOST EXCELLENT MAJESTY.

Anno Domini, 1869.

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