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JACTITATION (from Lat. jactitare, to ...

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Originally appearing in Volume V15, Page 122 of the 1911 Encyclopedia Britannica.
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JACTITATION (from See also:Lat. jactitare, to throw out publicly) , in See also:English See also:law, the maliciously boasting or giving out by one party that he or she is married to the other. In such a See also:case, in See also:order to prevent the See also:common reputation of their See also:marriage that might ensue, the See also:procedure is by suit of jactitation of marriage, in which the petitioner alleges that the See also:respondent boasts that he or she is married to the petitioner, and prays a See also:declaration of nullity and a See also:decree putting the respondent to perpetual silence there-after. Previously to 1857 such a proceeding took See also:place only in the ecclesiastical courts, but by See also:express terms of the Matrimonial Causes See also:Act of that See also:year it can now be brought in the See also:probate, See also:divorce and See also:admiralty See also:division of the High See also:Court. To the suit there are three defences: (I) denial of the boasting; (2) the truth of the representations; (3) allegation (by way of See also:estoppel) that the petitioner acquiesced in the boasting of the respondent. In See also:Thompson v. Rourke, 1893, Prob. 70, the court of See also:appeal laid down that the court will not make a decree in a jactitation suit in favour of a petitioner who has at any See also:time acquiesced in the assertion of the respondent that they were actually married. Jactitation of marriage is a suit that is very rare.

End of Article: JACTITATION (from Lat. jactitare, to throw out publicly)

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