Otago Marriages Act 1889

Public Act		1889 No 8
Date of assent		2 September 1889

	Title
	Preamble.
1	Short Title.
2	Legalisation of certain marriages notwithstanding non-compliance with provisions of the Marriage Act.
3	Evidence of marriage.

An Act for removing Doubts as to the Validity of certain Marriages solemnised in the Provincial District of Otago.

Preamble.

WHEREAS by “The Marriage Act, 1880,” provision is made for the regulation of the solemnisation of marriages in New Zealand:

And whereas certain marriages have been solemnised at Oamaru, in the Provincial District of Otago, by the Reverend James MacGregor, D.D., a minister of the Presbyterian Church of Otago and Southland:

And whereas doubts are entertained as to the validity of the said marriages by reason of a non-compliance with the provisions of the said Act, the name of the aforesaid minister not being on the list of Officiating Ministers, of which he was not cognisant at the time of the solemnisation of such marriages respectively:

And whereas such non-compliance has not arisen in consequence of any wilful neglect or default on the part of the parties to the said marriages:

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

The Short Title of this Act is “The Otago Marriages Act, 1889.”

2 Legalisation of certain marriages notwithstanding non-compliance with provisions of the Marriage Act.

Every marriage solemnised at Oamaru aforesaid before the passing of this Act by the said James MacGregor shall, notwithstanding that at the time of such marriage the said James MacGregor was not an Officiating Minister within the meaning of “The Marriage Act, 1880,” be held to have been duly and lawfully solemnised and shall be held to be as valid as if all the formalities required by any of the provisions of the said Act had been duly observed and complied with.

But nothing herein contained shall legalise any marriage in respect to which a lawful impediment existed at the time of such marriage.

3 Evidence of marriage.

Where, in the record of any marriage registered in the manner required by “The Marriage Act, 1880,” such marriage purports to have been solemnised by the said James MacGregor as Officiating Minister, the production of such register, or of any duly-certified copy thereof, shall be admitted as evidence of such marriage, notwithstanding that the said James MacGregor was not, at the time of the solemnisation of such marriages respectively, an Officiating Minister within the meaning of “The Marriage Act, 1880;” and the marriage returns of any of the aforesaid marriages furnished to the Registrar-General, or any certified copy thereof purporting to be signed by him, shall be of the like force and effect as such returns or copy would have been if all the formalities required by the said Act had, in respect of the said marriage, been complied with.

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Otago Marriages Act 1889