Bill 12 (Legislature 9, Session 2)

L9 S2 7748

Alberta — Bills

Bill No. 12 of 1942. A BILL TO AMEND THE SOLEMNIZATION OF MARRIAGE ACT From time to time applications are made to the Courts for declarations presuming death so as to permit re-mar riage or for other purposes. In some cases the Courts have been assuming this power and the applications have been granted and in other cases the applications have been re fused on the ground of lack of jurisdiction. It is in the public interest that this situation be ,clarified. The proposed amendment would give statutory authority for the exercise of this jurisdiction.

It is in the same terms as an amend ment recently made in England. w. S. GRAY, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.) BILL No. 12 of 1942.

An Act to amend The Solemnization of Marriage Act. (Assented to , 1942.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly· of the Province of Alberta, enacts as follows: ~. This Act may be cited as "The Solemnization of Mar riage Act Amendment Act, 1942." 2. The Solemnization of Marriage Act, being

chapter of the Statutes of Alberta, 1925, is hereby amended by adding thereto immediately after

section 24a the following new section: "24b.-(

l) Any married person who alleges that reason able grounds exist for supposing that the other party to the marriage is dead may present a petition to the Supreme Court to have it presumed that the other party is dead, and to have the marriage dissolved, and the Court, if satisfied that such reasonable grounds exist, may make a decree of presumption of death and of dissolution of the marriage. "

(2) In any such proceedings the fact that for a period of seven years or upwards the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time shall be evidence that he or she is dead until the contrary is proved." 3. This Act shall come into force on the day upon which it is assented to. SECOND SESSION NINTH LEGISLATURE GEORGE VI BILL

An Act to amend The Solemnization of Marriage Act. Received and read the First time Second Third RON. DR. CROSS. EDMONTON: A. Shnltka, King's Printer Title: 1942 (9th, 2nd) Bill 12,

An Act to amend The Solemnization of Marriage Act

Document details

Collection	Alberta — Bills
Citation	L9 S2 7748
Type	bill
Volume / chapter	L9 S2 7748
Language	en
Format	json
Source	PROVINCIAL
Identifier	af59919cc4d17463ad354ada75c5689c9492c51f

Source file is stored in the law ingest library (json).