Marriage with N. A. Bates dissolved. M. J. Bates may marry again. Issue of any such mate. and placed on his trial for bigamy before the Judge of the County Court of the County of Ontario, when he pleaded guilty to the charge of bigamy and was sentenced by the presiding Judge to penal servitude in the Provincial Penitentiary for the Province of Ontario, for the term of two years, and is now serving the term for which he was so sentenced; that the said Mary Jane Bates made the discovery of the said adultery about the month of September, one thousand eight hundred and seventy-five; that the said Mary Jane Bates has, since the discovery of the said adultery so committed, as aforesaid, refused to cohabit with her said husband, and has since lived apart from him; and that the said Mary Jane Bates 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 matrimony with any other person or persons with whom it would have been lawful for her to contract matrimony if they, the said Mary Jane Bates and Norman Adna Bates, had not intermarried; 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 Mary Jane Bates and Norman Adna Bates, her husband, is hereby dissolved, and shall be henceforth null and void to all intents and purposes whatsoever. 2. It shall and may be lawful for the said Mary Jane Bates at any time hereafter to contract matrimony and to marry with any other man whom she might lawfully marry in case the said marriage had not been solemnized. 3. In case of the said Mary Jane Bates again contracting to be legitimatrimony with any person or persons with whom it would have been lawful for her to contract matrimony if they, the said Mary Jane Bates and Norman Adna Bates, had not intermarried, and having any issue born of her to such person, the said issue 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 and 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 said marriage between the said Mary Jane Bates and Norman Adna Bates had not taken place. 7011 40 VICTORIA. CHAP. 88. An Act for the relief of Walter Scott. (Reserved for the signification of Her Majesty's pleasure thereon on the 28th day of April, 1877: Royal assent given by Her Majesty in Council on the 13th day of August, 1877: Proclamation thereof made by the Governor General on the 5th day of September, 1877.) HEREAS, Walter Scott, of the Village of Nottawa, in the Preamble Township of Nottawasaga, in the County of Simcoe, and Province of Ontario, Esquire, has, by his petition, humbly set forth that on the first day of May, One thousand eight hundred and sixty-six, he was lawfully married to Mary Jane Rowed, of the said Village of Nottawa, at the said Village of Nottawa, in the County of Simcoe, according to the rites of the Presbyterian Church of Scotland; that the said marriage was by license; that the said Walter Scott and Mary Jane Rowed lived and cohabited together as husband and wife from the date of such marriage up to the fifteenth day of October, One thousand eight hundred and sixty-six; that afterwards the said Mary Jane Rowed, although the wife of the said Walter Scott, did commit adultery with one Edward B. Wilson between the month of March, One thousand eight hundred and seventy-five and the month of December, One thousand eight hundred and seventy-six, at various times, and in various places, and especially at the Village of Norwich, in the Township of North Norwich, in the County of Oxford, on the first day of November, in the year of Our Lord One thousand eight hundred and seventyfive; that the said Mary Jane Rowed being still the lawful wedded wife of the said Walter Scott, was married to the said Edward B. Wilson at the Town of Woodstock, in the County of Oxford, on the twenty-seventh day of July, One thousand eight hundred and seventy-five, according to the rites of the Methodist Church; that the said Walter Scott made discovery of the said marriage and of the said adultery about the month of August, A.D. One thousand eight hundred and seventyfive; that the said Walter Scott has, since the discovery of the said adultery so committed as aforesaid, refused to Marriage with M. J. Rowed dissolved. Walter Scott may marry again. Issue of any to cohabit with his said wife, and has since lived apart from her; that the said Mary Jane Rowed, since the discovery of the said adultery, has lived at the Village of Norwich and also at the said Village of Nottawa, with the said Edward B. Wilson, and as his wife; that the said Walter Scott has, since the discovery of the said adultery, brought an action for criminal conversation in Her Majesty's Court of Queen's Bench for Ontario against the said Edward B. Wilson, and recovered a verdict in the said action against the said Edward B. Wilson, and entered judgment thereon, and the said Walter Scott has exhausted every lawful means for the recovery of the amount of the said judgment and costs without effect; that the said Walter Scott is desirous of having the said marriage dissolved, annulled, and put an end to, so that he may be free from the same, and can contract matrimony with any other person whomsoever with whom it would have been lawful for him to contract matrimony, if they, the said Walter Scott and Mary Jane Rowed, had not intermarried; 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 Walter Scott and Mary Jane Rowed, his wife, is hereby dissolved, and shall henceforth be null and void to all intents and purposes whatsoever. 2. It shall and may be lawful for the said Walter Scott 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 Walter Scott again contracting such marriage matrimony with any person or persons with whom it would legitimate. have been lawful for him to contract matrimony, if they, the said Walter Scott and Mary Jane Rowed, 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 right of them the said issue and each of them and 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 and personal, of what nature and 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 said marriage between the said Walter Scott and Mary Jane Rowed had not taken place. 40 VICTORIA. CHAP. 89. An Act for the relief of Martha Jemima Hawkshaw (Reserved for the signification of Her Majesty's pleasure thereon, on the 28th day of April, 1877: Royal assent given by Her Majesty in Council, on the 13th day of August 1877: Proclamation thereof made by the Governor General on the 5th day of September, 1877.) HEREAS, Martha Jemima Hawkshaw Holiwell, of the Preamble. City of Toronto, in the County of York and Province of Ontario, wife of Charles Edwin Holiwell, of the City of Quebec, Army Stationer, hath, by her petition, humbly set forth that on the twenty-seventh day of July, one thousand eight hundred and fifty-one, she was lawfully married to the said Charles Edwin Holiwell, at St. Pancras Church, in London, England, by the Reverend F. J. Stainforth, in accordance with the rites and ceremonies of the Established Church of England; That immediately thereafter the said Charles Edwin Holiwell and Martha Jemima Hawkshaw Holiwell sailed for Canada, and shortly thereafter arrived in Toronto, aforesaid, where they resided until the month of September next hereinafter mentioned: That issue was born of the said marriage, of which one child survives: That the said Charles Edwin Holiwell and Martha Jemima Hawkshaw Holiwell lived and cohabited together as husband and wife from the date of such marriage until the month of September, one thousand eight hundred and fifty-nine: That during the period of such cohabitation the said Charles Edwin Holiwell, by neglecting to provide for the support of the said Martha Jemima Hawkshaw Holiwell and the said child, and by cruelty to her, and by infidelity, misconducted himself: That in the said month of September the said Charles Edwin Holiwell, without any just cause or provocation, deserted the said Martha Jemima Hawkshaw Holiwell and went to Quebec aforesaid, and has since in no manner aided in or contributed to the maintenance or support of the said Martha Jemima Hawkshaw Holiwell, or the maintenance, support or education of his Marriage with dissolved. said child: That since such date he has never cohabited with the said Martha Jemima Hawkshaw Holiwell, but has continued his said desertion: That shortly after the said Charles Edwin Holiwell went to Quebec, as aforesaid, he formed an adulterous connection with one Frances Maria Alexander, an unmarried woman, which has continued to the present time; That on or about the twenty-eighth day of January, one thousand eight hundred and seventysix, the said Charles Edwin Holiwell, at Detroit, in the State of Michigan, committed bigamy with the said Frances Maria Alexander, an unmarried woman, whilst he was a resident of and domiciled in Quebec aforesaid, by marrying, while he was the lawful husband of the said Martha Jemima Hawkshaw Holiwell, the said Frances Maria Alexander; That the said Charles Edwin Holiwell and Frances Maria Alexander have, since the date last aforesaid, lived and cohabited together at Quebec aforesaid, in open and continuous adultery, and issue has been born of such bigamous marriage; 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 marriage between the said Martha Jemima HawkC. E. Holiwell shaw Holiwell and Charles Edwin Holiwell, her husband, is hereby dissolved, and shall be henceforth null and void to all intents and purposes whatsoever. M. J. H. Holiwell may marry again. Claim, &c., well to estate, 2. It shall and may be lawful for the said Martha Jemima Hawkshaw Holiwell, at any time hereafter, to marry with any other man with whom she might lawfully marry in case the said first-mentioned marriage had not been solemnized; and in the event of the said Martha Jemima Hawkshaw Holiwell hereafter marrying, she and the man with whom she so marries, and the issue, if any, of such marriage, shall have and possess the same rights in every respect as if the said first-mentioned marriage had never been solemnized. 3. The said Charles Edwin Holiwell is hereby barred of of C. E. Holi- all claim or demand, right, title or interest of, in or to the &c., of M.J.H. estate, goods, chattels, property or effects of the said Martha Holiwell Jemima Hawkshaw Holiwell, which she now has in posession or expectancy, or which she may hereafter in anywiseacquire. barred. |