IX. Miscellaneous Provisions.
§ 57. Every marriage heretofore and prior to the
Marriages heretofore celebrated valid.
16th day of September, 1847, bond fide
celebrated in New Zealand by any clergyman, minister, or
other person, whether the same was so celebrated in any church, chapel, or building set apart for public worship, or other building or place, and every marriage heretofore since the 16th of September, 1847, bond fide
celebrated by any clergyman, minister, or other person, in accordance with the formalities prescribed by the said recited Ordinance No. 7, of Sec. 8, shall be deemed as valid as if such marriage had been performed under the provisions of this Act. Provided always that nothing contained in this Act shall extend, or be construed to extend, to render valid any marriage in respect to which a lawful impediment may have existed at the time of such marriage.
§ 58. It shall not be necessary, in support of
Marriages not to be invalid for certain reasons.
any marriage solemnized under this Act and "The Marriage Act, 1854," to give any proof of the
1858, Act No. 29, Sec. 10.
actual dwelling of either of the persons so married previous to the marriage within the district wherein such marriage was solemnized for the time required, or of the consent of any person whose consent thereunto is required by law, nor shall any evidence be given to prove the contrary in any suit touching the validity of such marriage, neither shall any marriage be deemed to have been unduly solemnized by reason of any mere error or defect in the notice declaration or certificate required before solemniza-
tion, or in the registration of the marriage when solemnized, when the identity of the parties is not questioned, nor on account of any other infringement of the provisions of "The Marriage Act, 1854," or of this Act, except as provided in the thirtieth section of the said "Marriage Act, 1854": Provided always that nothing herein contained shall exempt any Officiating Minister or Registrar who shall do anything contrary to the provisions of this Act from any penalty to which he would have been liable for such offence but for this section.
Marriages bona fide intended to be solemnized under "The Marriage Act, 1854." to be valid.
§ 59. Every marriage heretofore solemnized which was intended to be bond fide
solemnized under "The Marriage Act, 1854," shall be deemed and taken to be and to have been from the date of
1858, Act No. 29, Sec. 14.
such solemnization a good and valid marriage, notwithstanding that all the requirements of the said Act shall not have been complied with: Provided always that nothing herein contained shall legalize any marriage in respect to which a lawful impediment existed at the time of such marriage, nor any marriage when (the same having been at the time of its solemnization invalid) either of the parties thereto shall afterwards and before the passing of this Act have intermarried with some other person: Provided also that nothing herein contained shall exempt any person who may have offended against the provisions of "The Marriage Act, 1854," from any penalty or punishment which he may have incurred by any breach of the requirements of the said Act.
Act not to extend to marriages of Natives.
§ 60. Nothing herein contained shall apply to any marriage which may be contracted otherwise
1854, Act No. 12, Sec. 47.
than according to the provisions of this Act, between two persons both of the native aboriginal race: Provided that this Act shall come into operation in respect of marriages between persons of the said race, in such districts, and at such times, as the Governor shall by Proclamation from
time to time appoint: Provided also that persons
of the aboriginal native race may, if they desire, contract marriage according to the provisions of this Act.