       MARRIAGE LEGACIES ġ 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) *
 Enacted by PROCLAMATION No. VIII of 1831, as amended by
Ordinances: VIII of 1840 and XIX of 1938; and Legal Notices: 4 of 1963
and 148 of 1975.
Short title.
Law.
Administration of 
marriage legacies 
to remain vested in 
the Archbishop of 
Malta.
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.
Constitution of 
Commission for 
election to 
marriage legacies. 
Amended by: 
L.N. 4 of 1963.
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.
Oath of office to be 
taken by members 
of Commission.
4. 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.
Procedure to be 
followed by 
Commission.
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 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
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. 
Appeal from 
decision of 
Commission. 
Amended by: 
VIII. 1840.5; 
XIX. 1938.2; 
L.N. 148 of 1975.
6. (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 Government 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 writ of
* See  Government Gazette No. 1075 of the 7th September, 1831.
    2               CAP. 3. ħ         MARRIAGE LEGACIES 
summons 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 writ of summons, the judgment of the said court
shall be final.
(3) If the party taking out the summons be unsuccessful, such
party shall be condemned in costs.
(4) Where no such writ of summons shall have been taken out,
within one month from the publication aforesaid in the Government
Gazette, then the decision of the Commission shall be final.
