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C.O.885
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them, nor put aside for them more than they shall have given or put aside for the children of the first marriage.
§ XV. Whatsoever the children shall acquire by donation, succession, or any other title, during the aforesaid condition of matrimony, shall not be included in the common possessions, or be subject to tripartition, but shall remain their own; except the usufruct which by law shall belong to the father.
§ XVI. This marriage state shall last until it is dissolved by the death of one of the parties, or until they make a voluntary division of their common property in their lifetime.
§ XVII. When the dissolution of a marriage contracted without written compact has taken place, and there were no children born alive, so that there had never been an amalgamation of property, nor its tripartition, then in cases where the husband or the wife died in good circumstances, leaving the survivor poor, the surviving party shall receive in usufruct the fourth part of the property of the predeceased and in possession as well as usufruct half of such goods, investments, and other property as they shall have acquired by their labour and industry, deducting however any liability thereon.
§ XVIII. In the case, however, in which neither of the parties is poor, the property acquired during the marriage by their labour and industry shall belong in full right, one half to the wife or her heirs, and the other half to the husband or to his heirs, and the arrangement of the preceding section, with regard to the usufruct of the fourth part, will
be void.
§ XIX. If the marriage shall have been contracted by written compact according to the usage of the Greeks or Romans, in such case the above marriage conditions are not valid, even if children have been born, but the stipulations and agreements of the contracting parties contained in the marriage compact and in conformity with the laws must be carried out.
§ XX. The marriage of a widower or widow, in default of compact or other agreement, shall be regarded as contracted in a similar manner to the first, that is to say according to the aforesaid custom, if the first marriage was so contracted, or according to the usage of the Greeks or Romans if the first was solemnized in that manner.
§ XXI. In a marriage contracted according to the usage of the Greeks or Romans in which the amalgamation of the property of the contracting parties does not take place, if the compact respecting possessions thereafter to be acquired is omitted, its conditions are nevertheless to be applied whenever there is no agreement to the contrary, but all the other compacts and agreements shall not be in force.
§ XXII. And if in the second marriage contracted according to the usage of the Greeks and Romans the aforesaid compact respecting subsequent acquisitions is omitted, its provisions in the absence of any agreement to the contrary shall be applicable thereto, but its other special compacts and agreements already mentioned shall not be in force.
§ XXIII. If, however, the parties contracting a second marriage without written compact, conditions, and agreements are a widower and a widow, and the first marriage of one of them was contracted according to the usage of the Greeks and Romans, and that of the other according to custom, the second marriage is to be regarded as contracted according to the custom and usage of the country.
§ XXIV. After a marriage has been contracted in one or other of the methods above stated, the parties are permitted to make any alteration therein that are without prejudice to the children, or the tripartite division, and such alterations shall be made spontaneously, and of free will by the parties; they must therefore be authorised by the intervention of the judge of the district in which the parties reside, who shall be required to assure himself beforehand, and by separate examination, of the existence of such free will; and should be at any time perceive anything to the contrary, he shall refuse his intervention.
§ XXV. Notaries are therefore forbidden to draw up a deed for such alteration without the intervention of the judge, under a penalty of 20 ounces, to be paid to the Treasury, and in addition thereto such deed to be null and void.
§ XXVI. And if ever such alteration is made by a private document, such document
shall be null and void.
§ XXVII. The marriage of foreigners domiciled in this dominion, contracted without written compact, conditions, or agreements to the contrary, are and are to be regarded as contracted according to the aforesaid custom.
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§ XXVIII. The regulation contained in the preceding section, is valid, and shall be observed in the case of foreigners who, although they did not fix their domicile here at the time when the marriage was contracted, did so afterwards, without having made any written compact, conditions, or agreements to the contrary.
§ XXIX. And if the marriage is between a foreigner and a Maltese woman, or on the other hand between a foreign woman and a Maltese, in the absence of a written compact, conditions, and agreements, it is to be regarded generally as contracted according to the custom and usage of the country.
§ XXX. And all contracts which shall be made in this Dominion by strangers even though made under the flags of foreign princes, of whatever kind they may be, are and are to be regarded as contracted according to the municipal law, and according to the usages and custorn of the country.
§ XXXI. And at every marriage without distinction, the ceremonies have to be observed prescribed in Book I. Cap. XLI. §§ 9 till 14, under the penalty there mentioned.
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