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Marriage Legacies Law (Cap. 3) Consolidated

MARRIAGE LEGACIES [CAP. 3. 1

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; and Legal Notices: 4 of 1963, 148 of 1975, 181 of

2006 and 346 of 2008.

1. The title of this Proclamation is Marriage Legacies Law.

2. 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.

3. 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.

3A. The said Commission shall respect and apply the principles of good admi nistrative behavio u r laid down in articl e 3 o f th e Administrative Justice Act.

4. The members of such Commission shall duly take oath to make all such elections according to the mind and intention of the fo un de r or fo un ders of t h e l e ga cy in q u e s ti on , su bj ect t o th e provisions of the law.

5. 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 questio n has hit h er to been usu a lly n o ti fi ed; and such notic e 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 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 p r oc e e d to c ons id er th e cl aim or cl ai ms 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.

Title.

Administration of marriage legacies to remain vested in the Archbishop of Malta.

Constitution of Commission for election to marriage legacies. Amended by:

L.N. 4 of 1963.

Observance of the principles of good administrative behaviour.

Added by:

L.N. 346 of 2008.

Cap. 490.

Oath of office to be taken by members of Commission.

Procedure to be followed by Commission.

2 [CAP. 3. MARRIAGE LEGACIES

Appeal from decision of Commission. Amended by: VIII. 1840.5; XIX. 1938.2;

L.N. 148 of 1975; L.N. 181 of 2006.

6. (1) As soon as conveniently may be, after the decision in each case, the Commission shall ca use 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 electio n made, to take out a sw orn 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.