MARRIAGE LEGACIES LAW

MARRIAGE LEGACIES

CHAPTER 3

MARRIAGE LEGACIES LAW

To continue to the Archbishop of Malta the administration of marriage

legacies, and to regulate the election to such legacies in certain cases.

7th September, 1831

PROCLAMATION No. VIII of 1831, as amended by Ordinances: VIII of

1840 and XIX of 1938; Legal Notices 4 of 1963, 148 of 1975, 181 of 2006

and 346 of 2008; and Act II of 2015.

The title of this Proclamation is Marriage Legacies Law.

The administration of all marriage legacies hitherto

exclusively vested in the Archbishop of Malta, shall, until other

provisions are made in this respect, remain and continue under the

direction and control of the said Archbishop of Malta or the Vicar

Capitular for the time being.

The office in the Island of Gozo of Provicar of the

Archbishop of Malta having ceased, in any case, in which, for the

election of any marriage legacies founded for that Island, the

intervention of the said Provicar was required according to the

foundations or according to any law, the Vicar General of the

Bishop of Gozo, or another ecclesiastic who shall for the purpose

be deputed by the said Bishop, shall intervene instead of the said

Provicar.

From and after the date of this Proclamation all elections to

such marriage legacies as have hitherto been under the exclusive

administration of the Archbishop of Malta, shall be made by a

Commission of two or more persons, to be nominated, from time to

time for that purpose, by the Archbishop of Malta, or the Vicar

Capitular for the time being, in concert with the Prime Minister.

The said Commission shall respect and apply the principles

of good administrative behaviour laid down in article 3 of the

Administrative Justice Act.

The members of such Commission shall duly take oath to

make all such elections according to the mind and intention of the

founder or founders of the legacy in question, subject to the

provisions of the law.

The Commission shall, in each case, cause notice of the

proposed election to be given, by the publication of banns in the

parish church, where the election to the legacy in question has

hitherto been usually notified; and such notice shall contain a

description of the legacy, and of the qualifications for obtaining it,

and shall state the place at which persons who claim to have a right

to the legacy, may present or send in their claim, together with the

documents in support thereof; and shall also fix a time, not being

less than one month nor more than six weeks from the publication

MARRIAGE LEGACIES

aforesaid, after which no such claim shall be received. And as soon

as may be after the lapse of the time so fixed, the Commission shall

proceed to consider the claim or claims that shall have been

presented or sent in, in accordance with the notice, and no other,

and shall elect the person most eligible to the legacy in question.

(1) As soon as conveniently may be, after the decision in

each case, the Commission shall cause a notice thereof to be

inserted in the Gazette; and it shall be lawful for any person who

shall have presented a claim to the Commission, if such person

feels aggrieved by the election made, to take out a sworn

application in the Court of Appeal, calling on the person elected to

appear and show cause why the decision of the Commission should

not be annulled, and the legacy in question adjudged to the party

taking out the summons.

(2) Upon such sworn application, the judgment of the said

court shall be final.

(3) If the party taking out the sworn application be

unsuccessful, such party shall be condemned in costs.

(4) Where no such sworn application shall have been taken out,

within one month from the publication aforesaid in the Gazette,

then the decision of the Commission shall be final.