sign in sign up
<<
Home , Justice of the peace

MASSACHUSETTS OF THE ASSOCIATION, INC.

The Massachusetts Justices of the Peace Association, Inc. is a non-profit educational association, which was founded in 1975 by Richard M. Percoco, Sr. The mission of the MJPA is to provide education and resources to Justices of the Peace to enable them to fulfill the duties and responsibilities of their office in a professional and efficient manner. The Association exists solely for the welfare of its members and to ensure that each member is performing his or her duties in such a way as to bring "honor and integrity" to the office.

The MJPA is the only organization in Massachusetts that provides training and continuing education to Justices. The MJPA holds quarterly General Membership meetings which include speakers and/or workshops on subjects of interest as well as "hands-on" training in specialized ceremonies, along with information on how to operate a business. Workshops are held to familiarize new justices with the duties and responsibilities of a as well as specific training on officiating at , notarial services and other duties of a Justice of the Peace. A full day educational seminar is held yearly. The MJPA invites all Justices in the Commonwealth to attend this seminar.

Our membership consists of Justices from all over Massachusetts, which enables us to provide names of Justices to prospective brides, through our MJPA website. Justices are listed by town and brides can select a justice by proximity to the venue or their home. Member Justices may also include special skills, such as a second language. The MJPA has members who are fluent in French, Spanish, Portuguese, Italian and American Sign Language for the Hearing-Impaired, and a Justice whose specialty is Colonial ceremonies.

Any questions you have regarding Justices of the Peace in Massachusetts or the Massachusetts Justices of the Peace Association, Inc. can be answered by calling the Association at 1-800-663-8867.

In addition to training, the MJPA sells various items branded with the MJPA logo. Items include:  license plate frames  association lapel pins  record books  marriage certificates (not to replace the legal document)  canvas "logo" bags  decals

The profits, after expenses for these items, are deposited into a fund that is used for scholarships. We award scholarships to family members of active members of our association. As the scholarship funds increase, so may the amounts we are able to distribute annually.

TABLE OF CONTENTS

p. 3 The History of Justices of the Peace p. 4 Origin of Office p. 5 Appointment p. 6 Guidelines p. 10 Solemnization of p. 11 Duties of Justices of the Peace p. 17 Reference Materials

2

THE HISTORY OF JUSTICES OF THE PEACE

Taken from a presentation by Rosaria Salerno, past president of the Massachusetts Justices of the Peace Association, inc. at the 1999 Education Seminar. Reproduced with her permission.

Justice of the Peace. What does that mean?

Taking these words separately, Justice and Peace, conveys a broad and weighty responsibility. A Justice of the Peace is a person who helps maintain and/or create fairness and equanimity. The office dates back to England and arrived in the Colonies with the first settlers. Some of the original areas of responsibility of a Justice of the Peace included quelling riots, calling a if a town’s officials have neglected to do so, and cause cases to be heard if there had been unreasonable delay. Today, most of these original responsibilities are tackled by other branches of government. The function that Justices are responsible for that remains to this day is officiating ceremonies. Marriage is one of the most important institutions in our society; it touches upon the very essence of what is required in order for us to become a truly egalitarian, just and compassionate community. There is, however, a misperception concerning the role of a Justice of the Peace in the civil ceremony.

We serve as the official witnesses to the public statement of two individuals of their intent to commit to one another in the state of matrimony. We do not cause them to be married, and we don’t make them married. No one can marry two people, except the two people. No priest, rabbi, no , no one. Marriage can only be entered into by the two individuals themselves. The Church teaches this, understands this. Two people enter into a contract of their own volition. It is their will that creates the bond, not the words of the witness. And so it is with marriage.

Our role is to be the preeminent witness whose word cannot be contradicted. As a Justice of the Peace, you represent society as you stand with the couple. When they speak their vows in your presence, it is as though they were announcing their commitment to the world. When you respond to that exchange of vows at the end of the ceremony by saying, “l now pronounce you husband and wife," it is as though the world is telling them that we acknowledge their relationship, we respect their relationship and will protect it with our . The words of the Justice the Peace are not words which cause a marriage but are words which acknowledge that marriage. If you were to look in the dictionary for the word "pronounce", you would find the definition: "utter officially or as an opinion" and "formal announcement".

To say this, that Justices of the Peace do not cause marriage, is not to take anything away from our privilege and authority. We do not feel in any way diminished in acknowledging that it is the couple who marry one another and not us who marry them. It is a profound privilege that two people can stand before us, make their commitment to one another and, after doing so it is our word that causes it to have to be recognized.

Our very privileged role as Justices of the Peace is to bear witness to the profound act of faith each and every marriage ceremony celebrates. It is to be with the couple who stand before us in a most unique and special way; to be the person whose word allows that which is already real, but private -- their commitment to one another-- to be a part of our public history.

In contemporary society, marriage is seen more as an industry than as an essential ingredient of our common life. Florists, caterers, musicians, stationers, bridal registers, hotels, bridal consultants, all have tremendous influence on the modern wedding. We, as Justices, must not allow ourselves to be caught up in these commercial trappings.

We, with the couple, are the most important and essential elements of the wedding ceremony. We have a wonderful opportunity by the ways in which we confer with the couple and the way we preside at the ceremony to counter some of the more materialistic approaches to marriage. As the Justice of the Peace, each of us can help to create an environment in which the true meaning of the marriage ceremony is conveyed. We should help the couple, their family and friends, to get beyond the incidentals, such as the music, the dress, the floral arrangements, etc., to celebrate the act of faith, the expressions of love and commitment which are being made. We have all become Justices for personal reasons. However it is we came to the position, we have grown to respect its privilege and to perform our public responsibilities in a way which conveys that respect and enhances the office.

3

ORIGIN OF THE OFFICE

While the powers and duties of Justices of the Peace, particularly as conservators of the peace, have been conferred by , these date so far back in the history of the that they may be said to be common-law powers, which were adopted by us in Massachusetts from the English law, together with the office of the Justice of the Peace.

In England, prior to the year 1327, there were no Justices of the Peace. There were certain officers, such as the of the King's , who by virtue of their official positions, were guardians of the peace; and certain local officers, called conservators, wardens or keepers of the peace, who were elected by the people. When the weak King Edward II was deposed by his wife Isabel, and his son Edward III was placed upon the throne, England was thrown into a state of unrest, and the conservators of the peace elected by the people failed to quell the people's alarm.

The new king felt that he must appoint his own guardians of the peace, if the peace was to be preserved. To enable him to act, was necessary. By , Edward III, Chapter 16, in the year 1327, it was provided as follows: "Also, for the better keeping and Maintenance of the Peace, the King willeth, that in every County good Men and lawful which be no Maintained of Evil Quarrels in the Country, shall be assigned to keep the peace." This Act neither gave any new powers nor extended the limits of the former authority. It simply took away the election of conservators of the peace from the people and placed it in hands of . These appointments were for life and the duties were ministerial, not judicial. Eventually the task of these men came to be the administration of local government.

With these expanded duties came a new title: Justice of the Peace. In 1328 these officers were given power to punish offenders and during the next few years there was further legislation confirming or expanding their powers until in 1344 they were empowered to hear and determine and trespasses. They, however, were still called and in fact were no more than, conservators, wardens or keepers of the peace, until the Statute 34 Edward III, Chapter I, in the year 1361, by which "there were assigned in every county in England 'one lord and with him three or four of the most worthy in the county with some learned in the law,' to keep the peace, to arrest and imprison offenders, to imprison or take of suspected persons, and to hear and determine felonies and trespasses done in the county; and in 1363 they were ordered to hold their sessions four times a year. From about this time they came to be known, not as keepers or conservators, but as Justices of the Peace - a change in their title which denotes an increase in their judicial powers."

The authority of Justices of the Peace depended originally on the terms of their commission, but succeeding statutes caused the duties of the justice to become dependent on statute law rather than on their commission. During the latter part of the nineteenth century, great changes were made in the powers, and the class from which Justices were appointed changed greatly. Until then, Justices of the Peace were usually country gentlemen; but they now represented all classes of the community. They still retained their judicial power but lost a considerable amount of their administrative powers.

In the Commonwealth of Massachusetts, Justices of the Peace originally had the power to try minor cases, both civil and criminal. Since the passage of the Acts of 1858, ch. 138, § 1, and the Acts of 1877, ch. 211, § 1, Justices of the Peace, as such, have no power to try cases, civil or criminal, nor have they any power to receive complaints or to issue warrants, except as outlined in Massachusetts General Laws. Their powers are very limited, and are confined to certain ministerial acts, which are strictly defined by statutes. Keep in mind that we are only referencing the Commonwealth of Massachusetts. Other states have varying requirements and expectations relative to Justices of the Peace.

4

APPOINTMENT

Justices of The Peace

Any person who is twenty-one years of age or older, of good character, a citizen of the United States and a resident of Massachusetts, may be considered for appointment. Availability of a position is based on population. Currently the Law provides one Justice of the Peace per 5,000 residents of the city or town of the applicant's residence(G.L. ch. 207, §39). They are appointed by the Governor, by and with the advice and consent of the Governor's Council. They shall hold office for seven years unless sooner removed by the Governor, with the consent of the Council (Mass. Const. Amend., Art. xxxvii). Justices of the Peace have in all counties of the Commonwealth. Unless otherwise expressly provided they may administer oaths or affirmations in all cases in which an oath or affirmation is required and take acknowledgements of and other instruments (G.L. ch 222, § 1).

The Secretary of the Commonwealth is required to send by first-class mail to every Justice of the Peace a notice of the time of the expiration of his commission. Notification of renewal can be anticipated not more than thirty nor less than fourteen days before such expiration (G.L. ch. 9, § 15).

On the date the commission expires and the justice has not been renewed and sworn in again, the designated duties as a Justice of the Peace are null and void.

Continuing to act as a Justice of the Peace after the expiration of his/her commission shall be punished by a . (G.L. ch. 222, § 9)

5

GUIDELINES

As given by the Secretary of the Commonwealth, January 1, 1986

The following is a short summary of the primary duties currently performed by Justices of the Peace in the Commonwealth of Massachusetts. It is by no means a complete list, but is meant to be a general guide to help newly appointed justices obtain a sense of the varied responsibilities and functions that their commission entails. References made in the following sections can be found in the Massachusetts General Laws Annotated.

SOLEMNIZE MARRIAGES IF SO AUTHORIZED

A marriage may be solemnized by a Justice of the Peace, anywhere in the Commonwealth if he/she has been designated and qualified for such authority. (G.L. ch. 207, § 38).

FORM OF CEREMONY

As a general rule, there is no prescribed form of ceremony to solemnize a marriage. Although particular words are not essential to a ceremonial marriage, the words used must be sufficient to indicate a present marriage contract. At a minimum, the parties must willingly agree to take each other as in marriage and the Justice of the Peace must assert to act in his/her official capacity in pronouncing the parties to be married. Milford v. Worcester, 7 Mass. 48, 54 (1810).

FEES FOR THE SOLEMNIZATION OF A MARRIAGE

A Justice of the Peace who is designated to solemnize marriages or a Justice who is a city/town clerk or clerk or their assistant may charge a maximum fee of $100.00 to solemnize a marriage within their home community or a maximum of $150.00 if the ceremony is performed in any other municipality in the Commonwealth. These fees preclude additional charges made for traveling, for providing flowers, for providing music, for providing a photographer, for providing a location where the marriage ceremony takes place, or for providing an unofficial certificate of marriage.

However, additional charges are allowable for prenuptial counseling conferences, rehearsals, and other special requests by the couple whose marriage is being solemnized; provided that the amount of these additional charges must be disclosed in writing to the couple whose marriage is being solemnized at least forty-eight hours prior to the rendering of these services. (G.L. ch. 262, §35, as amended by ch. 422 of the Acts of 2008).

MARRIAGE RECORDS AND RETURNS - PENALTIES

A Justice of the Peace who is designated to solemnize marriages is required to keep a record of each marriage performed and to return all marriage certificates to the clerk or registrar who issued the same no later than the tenth day of the month following the marriage. Any justice who fails to follow these rules will be subject to a fine. (G.L. ch. 207, §§ 40 & 56). Any intentional alteration of a certificate or attestation of a Justice of the Peace for the purpose of perpetrating a , where the certificate may be received as legal is a . (G.L. ch. 267, § 1). A violation of these provisions can result in for a period of up to ten years.

STANDARD INK

The of Standards for the Commonwealth of Massachusetts has by , ordered that black ink will be the only official color used in your daily duties as Justice of the Peace. (G.L. ch. 66 A, §3)

PROHIBITION AGAINST ADVERTISING

G.L. ch. 207, § 58 states the following: A Justice of the Peace or other person authorized to solemnize marriages may advertise his name or any trade name, business address, telephone number, rate of compensation as provided by law, regular hours of availability and any ability in a second language, in any newspaper, magazine, telephone directory or other publication of general circulation. However, whoever advertises to perform or to procure the performance of a marriage 6

ceremony by any other means shall be punished by a fine of not less than ten or more than one hundred dollars. This section shall not be construed to prohibit the use of a business card by a Justice of the Peace or other person authorized to perform marriage ceremonies; and provided, further, said card shall not display the seal of the Commonwealth. Amended 1989. Ch. 711 § 2. Effective April 20, 1990.

ACKNOWLEDGEMENTS

A Justice of the Peace is authorized to make acknowledgements in the same manner as a . For further information on specific types of acknowledgements, see GL ch. 158, § 31; ; ch. 183, § 30. An acknowledgement may be taken by a Justice of the Peace by endorsing upon or attaching a certificate of endorsement to the instrument.

ACKNOWLEDGEMENT OF DEEDS

See General Laws: G.L.ch. 183, §30, 33 G.L. ch. 262, § 1

Of special note:

Even though the designation of Justice of the Peace can be used for notarizations, not all states in the United States or foreign countries will accept the Justice of the Peace designation. In these instances, the signature and designation of a Notary Public would be advisable. When taking acknowledgement of any instrument provided by law to be recorded, a Justice of the Peace must affix thereto the date of the expiration of his commission in the following words: "MY COMMISSION EXPIRES "

Failure to comply with this, however, does not affect the validity of the instrument, or the record thereof (G.L. ch. 222, § 8). The office of Justice of the Peace is not subject to the provisions regarding plurality of office. So that a person may be a Justice of the Peace, and at the same time hold any other office which is within the gift of the Governor of the Commonwealth or that of the people. (Mass. Const. Part II, ch. 6, art. 3, cl. 2; Amend., Art. VIII). A Justice of the Peace may hold the office of referee in , or a judicial office under the laws of the United States (G.L ch. 220, §11,12). Other duties (and fees) that a Justice of the Peace may perform other than solemnizing marriages are found within the General Laws referenced.

G.L ch. 218, §36: G.L. ch. 262, § 1; Acts 1925, ch. 81

These duties may include:  administering an oath required by law  taking a deposition  writing the deposition and caption  notice to an adverse party  acknowledgement of a

OATHS

A Justice of the Peace is also authorized to administer certain oaths of office. ((G.L. ch. 222, § 1)). Oaths may be administered to town clerks under G.L. ch. 41, § 107; ; to officers for return of expenses in criminal cases under G.L. ch. 262 § 47; to presiding officials of religious societies under G.L. ch. 67, § 15; to municipal employees under G.L. ch. 43, § 17; and, in court proceedings under G.L. ch. 215, § 38.

This authority, however, does not apply to state or gubernatorial appointees. (G.L. ch. 30, § 11). After administering an oath to any town officer, each Justice of the Peace is required to return the corresponding certificate to the local town clerk within seven days. (G.L. ch. 41, § 16). However, a Justice of the Peace is disqualified from acting officially in connection with a transaction in which he or she has any personal interest in subject matter of an oath.

DEPOSITIONS

7

In addition to witnessing a document under G.L. ch. 222, § 1, a Justice of the Peace may take, upon request, depositions within the Commonwealth of Massachusetts by administering written interrogatories unless otherwise provided by a court. (G.L. ch. 233, § 42). A deposition is usually a written statement by a witness under oath. The manner of notice, certification, delivery, examination, oath taking, etc. of depositions in civil cases are set forth in G.L. ch. 233, § 24-34, 45-49.

CALLING MEETINGS

Under certain limited circumstances, justices of the"Peace may call meetings of corporation, under G.L ch. 155, § 15; fire districts under G.L. ch. 48, § 62; proprietors of private ways/bridges under G.L ch. 84, § 12; proprietors of wharves and real lying in common under G.L ch. 179, § 1; ; general field proprietors under G.L. 179, § 19; religious societies under G.L. ch. 67, § 29; and, a town meeting upon the resignations of a town selectmen under G.L. ch. 39, § 11, by issuing a warrant. A Justice of the Peace is cautioned to observe all of the above statutory-requirements in calling any meeting.

FEES FOR CERTIFICATION/ATTESTATION

The fees that a Justice of the Peace may receive for administering oaths, subpoenas, and depositions cannot exceed the limits set forth in G.L. ch. 262, §1.

GENERAL INFORMATION

A. USE OF A SEAL

A Justice of the Peace is not specifically required to use a special seal when performing the duties of his/her office, such as taking acknowledgements, certifications. However, Massachusetts law imposes criminal sanctions to any person who uses the Great Seal of the Commonwealth for advertising or commercial purposes. (G. L. ch. 264, § 5).

B. ACTING AS AN A Justice of the Peace cannot act as an attorney-at-law. (G.L. ch. 221, § 46A). Any individual who represents himself/herself as being lawfully qualified to practice in the may be subject to criminal sanctions. G.L. ch. 221, §41.

C. TERRITORIAL JURISDICTION

A Justice of the Peace is only authorized to act within the physical boundaries of the Commonwealth of Massachusetts. (G.L. ch. 222, § 1.)

D. CHANGE OF NAME/ADDRESS

A Justice of the Peace is required to notify and register any change of name or address during their term of office with the Secretary of State. (G.L. ch. 30, § 7B).

E. RENEWAL OF COMMISSIONS

Upon expiration of his or her term of 7 years, a Justice of the Peace may have his or her commission renewed at the discretion of the governor and his council. Mass. Const. Pt 2, ch. 3, Art. 3; Pt. 2, ch. 2, § 3, Art. 1.

No more than thirty nor less than fourteen daysprior to a commission's expiration date, the office of the Secretary of State will mail a renewal application. G.L. ch. 9, § 15. A person is eligible for reappointment as a Justice of the Peace provided that he or she is domiciled in Massachusetts. 7 Op. Atty. Gen. 107 (1923). The Council and the Secretary of State will notify an individual of a reappointment. The Secretary of State's Division of Public Records will also inform the individual of the qualifying procedures. After the receipt of a letter of reappointment from the governor and council, an official Justice of the Peace commission will be provided by the Secretary of State's office after the prescribed oath(s) of office have been taken and the payment of the proper fee(s). (G.L ch. 30, § 11, 13;).

8

SOLEMNIZATION OF MARRIAGES

A marriage may be solemnized in any place within this Commonwealth by a Justice of the Peace, clerk or assistant clerk of court, clerk or assistant clerk of a city or town, or a registrar or assistant registrar, or if he has been designated as stated in the following section and has received a certificate of designation and has qualified thereunder. (M.G. ch. 207, § 38.)

Every Justice of the Peace must make and keep a record of each marriage solemnized by him, and of all facts relative to the marriage which are required by law to be recorded. (G.L. ch. 207, § 40) These facts are, the date of the record, the date of the marriage, the place of the marriage, the name, residence and official station of the Justice of the Peace by whom it was solemnized, the names and dates andplaces of birth of the parties married, the residence of each, the age, the number of the marriage (as the first or second), and if previously married, whether widowed or divorced, the names of their parents, and the maiden names of the mothers. (G.L. ch. 46, § 1).

Effective January 1, 2000, the clerk of each city and town shall, on or before the tenth day of the second month following every month in which marriages are solemnized, transmit to the state registrar upon forms furnished by him, the original record of such marriages and all documentary . Certified copies of the marriages shall be retained by said clerk. If no marriages were filed for the month of the report, a report of such fact shall be transmitted to the state registrar. Prior to January 1, 2000, the clerk shall maintain ail original documents and transmit to the state registrar a certified copy of each record of marriage. The clerk of each city and town shall annually, not later than April 15, report to the state registrar on forms furnished by him the number of intentions filed in the clerk's office, and the number of intentions on which licenses were not issued, or, if issued, not returned to the clerk. (G.L. ch. 46: § 17A)

A marriage which is solemnized by a person who professes to be a Justice of the Peace will not be void, nor will the validity thereof be in any way affected by want of authority in such person, or by an omission or by informality in the manner of entering the intention of marriage, if the marriage is in other respects lawful and is consummated with a full belief of either of the persons so married that they have been lawfully married. (G.L ch. 207, § 42. See Commonwealth v. Caponi, 155 Mass 534.)

Whoever, not being duly authorized by the statutes of this Commonwealth, undertakes to join persons in marriage in this Commonwealth may be punished by a fine or by imprisonment or by both. (G.L. ch. 207, § 48)

If a Justice of the Peace, being duly authorized to solemnize marriages in this Commonwealth, joins in marriage persons who have not complied with the statutes relative to procuring certificates of notice of intention of marriage, he may be punished by a fine. (G.L. ch. 207, § 49)

A Justice of the Peace though duly authorized to solemnize marriages, may not do so if he has reasonable cause to believe that the male or female is under the age of eighteen years except with the consent of the parent or guardian having the custody of the minor, if there is any such parent or guardian in this Commonwealth competent to act. Whoever violates this provision may upon complaint made within one year after such violation be punished by a fine or by imprisonment or by both. (G.L. ch. 207, §§ 7,&51)

A list of all Justices of the Peace designated to solemnize marriages under the provisions of the General Laws, with the dates of expiration of their commissions, and notice of any revocation of a designation shall be sent annually in January to the city and town clerks and registrars by the Secretary of the Commonwealth. (G.L. ch. 9, § 16)

9

DUTIES OF JUSTICES OF THE PEACE DUTIES THAT JUSTICES OF THE PEACE MAY AND MAY NOT CARRY OUT

General Powers & Duties

With the appropriate appointments, JUSTICES OF THE PEACE have authority to perform other duties beyond the solemnization of marriages.

Refer to the General Laws as listed below: G.L. ch. 222, § 1 Justices of the peace and notaries public; appointment and jurisdiction. G.L. ch. 268, § 1 Against Public Justice; Perjury. G.L. ch. 268, § 1A Statements containing declaration relative to penalties of perjury; verification; false statements. G.L. ch. 233, § 15 to 19 Section 15. Mode of administering oaths. Section 16. Mode requested by affiant. Section 17. Affirmation by Quakers Section 18. Affirmation for reasons of conscience Section 19. Oaths of non-Christians G.L. ch. 158, § 17 Section 17. Safe deposit boxes G.L. ch. 67, § 15 Section 15. Presiding officer during selection of moderator; oath of office

G.L ch. 41, § 16 Section 16. Oaths of town officers; return of certificate Note of interest:

The usual mode of administering oaths now practiced in this Commonwealth, with the ceremony of holding up the hand, must be observed in all cases in which an oath may be administered by law, with the following exceptions: (1) if a person to be sworn declares that in his opinion a different mode of taking the oath is more solemn and obligatory, the oath may be administered in such mode. (2) A Quaker, or any person who declares that he has conscientious scruples against taking an oath, may solemnly and sincerely affirm under the penalties of perjury. (3) A person, not a Christian, may be sworn according to the ceremonies of his religious belief shall be required to testify truly under the penalties of perjury. (G.L. ch. 233, § 15 to 20)

DEPOSITIONS

Note General Laws: G.L ch. 233, § 1 & 3 Section 1. Issuance of summonses for witnesses Section 3. Witness fees; payment or tender G.L. ch. 233, § 38 and M.R.C.P. 30A and 45. Section 38. Compelling giving of deposition; place G.L. ch. 233, § 24, 25, 26, 27, 28, 30, 31, 32, 33, 34 Section 24. Depositions in civil cases authorized. Section 24A. Medical witnesses. Section 25. Grounds for deposition. Section 26. Notice of taking deposition. Section 27. Persons on whom notice may be served. Section 28. Mode of service. Section 30. Oath and examination of deponent. Section 31. Order of examination. Section 32. Mode of taking deposition. Section 33. Certification of deposition. Section 34. Delivery and preservation of deposition. G.L ch. 233, § 39 Section 39. Place of taking deposition of nonresident found within commonwealth. G.L ch. 233, § 43, 45, 46, 47, 48, 49, 50, 52, 53, 54, 59 Section 43. Rules for taking depositions outside of commonwealth. Section 45. Deposition for use in another state. Section 46. Application to take deposition to perpetuate testimony. Section 47. Notice of taking deposition; compelling testimony. Section 48. Objections to taking deposition; procedure. 10

Section 49. Mode of taking deposition. Section 50. Recording deposition. Section 52. Perpetuation of testimony of nonresidents. Section 53. Application to perpetuate testimony of nonresidents. Section 54. Notice of taking deposition. Section 59. Perpetuation of testimony for use against all persons. G.L. ch. 233, § 4Acts 1926, ch. 230 G.L ch. 262, § 1 Section 1. Justices of the peace; enumeration of fees

A deposition is a written statement by a witness made under oath before an authorized individual to be used as testimony in court. Depositions may be taken as provided in chapter 233 § 1-24 of the General Laws Exceptions are noted in G.L. ch. 233, § 25 -.

The fee of a Justice of the Peace for other than solemnizing marriages can be found in G.L. ch. 262, §1.

There are many general powers and duties of the Justice of the Peace, of more or less importance. The following are of sufficient importance to necessitate some explanation for those Justices of the Peace who may be presented with questions arising therefrom. Refer to the following Massachusetts General Laws for other provisions for Justices of the Peace: G.L. ch. 275 & 276 Proceedings To Prevent Crimes; Search Warrants G.L. ch. 220, § 3 Section 3. Conservators of peace; powers of justices G.L. ch. 268, § 24, 25 Section 24. Neglect or refusal to assist officer or watchman Section 25. Refusal or neglect to obey order of justice of the peace to apprehend offender G.L. ch. 269, § 1, 3, 4, 6 Section 1. Dispensing and suppressing ; arresting persons Section 3. Neglect or refusal to exercise authority to suppress assembly Section 4. Requiring aid; dispersing and suppressing assembly; seizure of persons Section 6. Person killed or wounded as result of an assembly; guilt and responsibility PEACE KEEPING

If a Justice of the Peace, who has notice of a riotous or tumultuous and unlawful assembly in the city or town in which he lives, neglects or refuses immediately to proceed to the place of such assembly, or as near thereto as he can with safety, or omits or neglects to exercise the authority conferred upon him by Chapter 269 of the General Laws, for suppressing such assembly and for arresting the offenders, he may be punished by a fine.

If any persons who are so riotously or unlawfully assembled, and who have been commanded to disperse, as before provided, refuse or neglect to disperse without unnecessary delay, any two Justices of the Peace or one Justice of the Peace together with a sheriff of the county or his deputy, or in a city the or an alderman, and in a town, a selectman, may require the aid of sufficient number of persons, in arms or otherwise as may be necessary, and may proceed, in such manner as in their judgement is expedient, forthwith to disperse and suppress such assembly, and seize and secure the persons composing the same, so that they may be proceeded with according to law. (G.L. ch. 269, § 4)

If, by reason of the efforts made by any two or more of the or officers named in the foregoing section, or by their direction disperse such assembly, or to seize and secure the persons composing the same who have refused to disperse, though the number remaining may be less than twelve, any such person or any other person then present is killed or wounded, the magistrates and officers, and all persons acting by their order or under their directions, will be held guiltless, and fully justified in law; and if any of said magistrates or officers, or any person acting under or by their direction, is killed or wounded, all persons so assembled, and all other persons who, when commanded or required, refused to aid and assist said magistrates or officers, will be held answerable therefore. Refer to G.L. ch. 269, §§ 3, 4, & 6.

INSPECTION OF PEDDLERS' LICENSES

11

Justices of the Peace may command peddlers to exhibit to them their licenses. The licenses are granted for the term of one year by the director of standards of the Commonwealth; they must contain the names of the cities and towns which the peddler selects, with the sums to be paid to the respective treasurers; they may be granted for the sale of any goods, wears or merchandise, except jewelry, furs, wines, spirituous liquors and playing cards. The sale of these by peddlers is prohibited. (G.L. ch. 101, § 27; also 3,16, 26. See Commonwealth v. Cusick, 120 Mass 183)

CALLING OF MEETINGS

If, by reason of the death or absence of the officers of a corporation, or other cause, there is no person duly authorized to call or preside at a legal meeting or if the clerk or other officer refuses or neglects to call it, a Justice of the Peace may, upon a written application of three or more of the members or stockholders, issue a warrant to any one of them, directing him to call a meeting by giving such notice as is required by law, and may in the same warrant direct him to preside at the meeting until a clerk is duly chosen and qualified if no officer is present legally authorized to preside.. (G.L. ch. 155, § 15, G.L ch. 158, §36)

If the selectmen of a town, upon the application in writing of not less than seven freeholders, inhabitants of a proposed fire district, requiring them to notify a meeting of the voters of the district to consider the expediency of organizing such district and establishing a fire department, refuse or neglect to give notice of such meeting, a Justice of the Peace may do so. The trustee must notify the meeting in the same manner that town meetings are notified. (G.L. ch. 48, § 62)

If several distinct lots or parcels of land are enclosed and fenced in one common field, or if all the proprietors of such lands agree to enclose them, such enclosure is called a general field and the proprietors, if not less than five in number, may from time to time, in manner as the General Laws provide, hold regular meetings for the purpose of managing their common concerns. (G.L. ch. 179, § 18.)

Upon the application of two or more proprietors of a general field to a Justice of the Peace, he shall issue his warrant for a meeting to one of the applicants, directing him to call a meeting of all the proprietors, and expressing in the warrant the time, place, occasion and purpose of the meeting. (G.L. ch. 179, §18 & 19)

Upon the written application of five or more proprietors of lands, wharves or other held in common to a Justice of the Peace, stating that they intend to organize themselves as a corporation he is required to issue his warrant to one of the applicants, directing him to call a meeting of all the proprietors and expressing in the warrant the time, place, occasion and purpose of the meeting. (G.L ch. 179, § 1, As to necessity of producing the original warrant of the Justice of the Peace in order to prove the existence of the corporation, see Monumoi v. Rogers, 1 Mass. 159)

A meeting of a corporation of proprietors of a meeting-house to alter, enlarge, repair, rebuild or remove its house, or to build a new one, may be called upon application in writing by any five of the members of the corporation, by a warrant issued by a Justice of the Peace, directed to one of the applicants. (G.L. ch 67, § 27, 29. If no mode of calling meetings is prescribed in the by-laws, either notice must be given to all the proprietors, or the meeting must be called as provided in this section. See Wiggin v. Free Will Baptist Church, 8 Met. 301)

If four or more persons are the proprietors and rightful occupants of a private way or bridge, and three of them make application to a Justice of the Peace to call a proprietors' meeting, the Justice of the Peace may issue his warrant therefore, stating the time, place and purpose of the meeting. The warrant must be posted in a public place of the town in which such way or bridge is situated, seven days at least before the time appointed for the meeting. (G.L. ch. 84, § 12)

A Justice of the Peace may, upon the application of five or more members, call a meeting of a religious society which is legally capable of becoming a corporation, if there are no assessors or committee, or if such officers unreasonably refuse to call a meeting, (G.L. ch. 67, § 12. In Reformed Methodist Soc. V. Draper, 97 Mass. 349, it was held that the meeting was called by the Justice of the Peace when no exigency justifying his intervention had arisen) by issuing his warrant directed to some one of the applicants, stating the objects of the proposed meeting, and requiring him to warn the members of the society to meet at a time and place appointed in the warrant; and such warrant may be served by posting an attested copy thereof on the principal outer door or some other conspicuous part of the meeting house of such society, or by leaving such copy with, or at the last and usual place of abode of, the members of the society seven days at least before such meeting; and, upon return thereof, the same or another Justice of the Peace may preside at the meeting during the choice and 12

qualification of a clerk and until a moderator is chosen; and the society may thereupon choose a moderator and do such other things as parishes may do at their annual meetings, if the subject-matter thereof is inserted in the warrant. (G.L ch. 67, § 22)

Ten or more persons, male or female, who desire to form a religious society, may make an application therefore in writing to a Justice of the Peace. Such Justice of the Peace may thereupon issue his warrant in the manner set forth in the preceding section, directed to one of the applicants, stating the objects of the proposed society, and requiring him to warn said persons to meet at a time and place appointed in the warrant (G.L. ch. 67, § 23. See Howard v. Hayward, 10 Met. 408.)

The first meeting of the trustees of any society of the Methodist Episcopal Church, or of the African Methodist Episcopal Church, may be called by a Justice of the Peace upon the application of three or more of the trustees. The provisions stated in the two preceding sections and in chapter 67 of the General Laws, in relation to the warning and organization of meetings of religious societies so far as appropriate, apply to meetings for the organization of such trustees. (G.L. ch. 67, § 42)

If the selectmen of a town unreasonably refuse to call a town meeting, a Justice of the Peace, upon the written application of one hundred registered voters or ten percent of the total number of registered voters of the town, may call a meeting by a warrant under his hand, stating the subjects to be acted upon, directed to the of the town if there are any; otherwise, to any of the persons applying therefore directing them to summon the inhabitants qualified to vote in town affairs, to assemble at the time and place, and for the purposes expressed in the warrant. (G.L ch. 39, § 12) At every town meeting, when moderators are not elected for the term of one year, a moderator must first be chosen. Until the election of a moderator, the town clerk will preside, but if (s) he is absent or if there is no town clerk, the chairman of the selectmen, or prudential committee, or body exercising similar powers, if present, otherwise the member longest in continuous service will preside, but if no selectmen or member of said committee or body is present, the Justice of the Peace calling such meeting, if the meeting is so called, is to preside. Such presiding officer will have the powers and perform the duties of a moderator. (G.L. ch. 39, § 14. It was held that a delay of the town selectmen of almost ten weeks in calling a meeting after a petition signed by 70 voters asking for such meeting was filed, was the equivalent to a refusal to call a meeting within a reasonable time which warranted a Justice of the Peace in acting.)

ISSUING OF WARRANTS

In Criminal Cases

Warrants - forms for warrants of various kinds may be had at the clerk's office of the in the district of which the Justice of the Peace is commissioned to issue warrants and take .

The office of Justice of the Peace is, as we have seen, of ancient origin. From the earliest times, until changed by recent legislation, it was one of the functions of the Justices of the Peace to receive complaints and issue warrants for the apprehension of persons charged with crime. That power was taken away by the Acts of 1877, ch. 211, and conferred upon certain other officers, to wit, judges and clerk magistrates of courts.

It was found, however, to be inconvenient to require the inhabitants of a town in which neither a judge nor a clerk resided to go in search of such an officer in order to make a complaint. To remedy this difficulty, Acts of 1879, ch. 254, of which Acts of 1884, ch. 286, and act so of 1897, ch. 461, are amendments, was enacted, and the right to receive complaints and issue warrants was restored to such Justices of the Peace, as might be appointed by the Governor. It seems that justices, who are thus vested with special powers, are not holding a plurality of offices in violation of the Massachusetts , Ch. VI., Art. II. (A.G. Op. Page 318)

Having thus traced the legislation relating to warrants, we may intelligently examine the present statute. It provides that the Governor, with the advice and consent of the Council, may from time to time, upon the petition of the aldermen of a city or the selectmen of a town which is included within the judicial district of a district court, except of a town in which the clerk of such court resides, designate and commission a Justice of the Peace, who resides in said city or town to receive complaints and issue warrants and summonses under his own hand and seal returnable to said court and to take bail in criminal cases

13

arising within such judicial district. Such Justices of the Peace have a special commission: "Justices of the Peace to Take Bail". Such justices may issue summonses and other processes for witnesses in criminal cases. (G.L. ch. 218, § 37 & 58)

A Justice of the Peace, who is also a clerk magistrate who has been designated and commissioned, as is stated in the two preceding sections, with authority to issue warrants in criminal cases, may lawfully receive the complaints upon which such warrants are issued. Since the warrants cannot be issued without complaints, authority to receive complaints is implied from the authority to issue warrants. (Commonwealth v. Taber, 155 Mass 5; Commonwealth v. Peto, 136 Mass 155). Also note G.L. ch. 276, § 21, 22, 23, 24, 25, 26, 27. Also note G.L. ch. 218 § 35, 36; ch. 233; ch. 219, § 1.

A Justice of the Peace who has authority to issue warrants in criminal cases arising anywhere within a certain district, and whose residence falls within a new town formed by the incorporation of a part of an old town in the district, may continue to issue warrants in cases which arise within the new town, as well as elsewhere in the district. (Commonwealth v. Brennan, 150 Mass 63)

A Justice of the Peace or clerk magistrate who has the authority to issue warrants in criminal cases may issue process for the apprehension of persons charged with crime.

Bail:

Note: G.L ch. 276, § 29, 30.

In other cases:

Note: G.L ch. 111, §96, 99, 100,131 Chapter 111. Public Health G.L. ch. 164, § 116 Chapter 164. Manufacture And Sale Of Gas And Electricity G.L ch. 138, § 61 Chapter 138. Alcoholic Liquors G.L. ch. 49, § 35, 36 Chapter 49. Fences, Fence Viewers, Pounds And Field Drivers G.L. 262, § 1 Chapter 262. Fees Of Certain Officers

DETERMINATION OF AMOUNT DUE FOR OF REDEMPTION

When lands or rights are taken and set off or sold on execution, the debtor may in all cases cause the amount due for redemption to be ascertained at his own expense by three Justices of the Peace in the manner following: One of the Justices of the Peace is to be chosen by the debtor, one by the creditor, and the third by the two first chosen; or if the creditor neglects to choose one, the Justice of the Peace chosen by the debtor will appoint the other two. After a hearing before the three Justices of the Peace, they or two of them must make and sign a certificate of the amount which they adjudge to be due for the redemption of the land, which certificate will be final and conclusive between the parties. A tender by the debtor of the amount so adjudged to be due will be sufficient tender notwithstanding any previous tender. (G.L ch. 236, § 34)

14

REFERENCE MATERIALS

p. 18 Sample Generic Ceremonies (3) p. 21 Readings (2) p. 22 Reference Books for Vows and Ceremonies p. 23 Copy of a p. 24 Advisory Bulletin for Marriage Officiants & FAQs

Refer to the MJPA website for more information.

15

Sample Generic Ceremonies

Welcome Love is a miraculous gift, and a wedding is a celebration of that gift. Today we are celebrating this gift of love, and I want to add my best wishes to the words that shall unite you in marriage. What you promise to each other today must be renewed again tomorrow and every day that follows.

Consent ______, will you have ______to be your wife and to live together in marriage? Will you commit yourself completely to her and to her alone? And will you promise to love her, care for her, and stand by her through all that life may bring, as long as you both shall live? (Response: I will.)

______, will you have ______to live together in marriage? Will you commit yourself completely to him and to him alone? And will you promise to love him, care for him, and stand by him through that life may bring, as long as you both shall live? (Response: I will.)

Address There is a much greater motivation in solemnizing a relationship in marriage than the simple vows you are about to speak. For marriage binds you together in a relationship so close and intimate that it profoundly influences your whole future.

Marriage is a commitment given freely and without reservation. The union of a husband and wife in heart, body and mind is intended for their mutual joy, for the help and comfort given one another in prosperity and adversity. The essence of this commitment is the taking of another person in his or her entirety as lover, companion and friend.

It is therefore, a decision that is not to be entered into lightly, but rather undertaken with great consideration and respect for each other and oneself. If you remember to give each other kindness and understanding, then an abiding faith and love will always be yours.

Wedding Vows I ______take you______, to be my wife. I promise to love, help, and encourage you in all that you do. I will take time to talk with you, to listen to you, and to care for you. I will share your laughter and your tears as your partner, lover, and best friend. Everything I am and everything I have is yours, now and forever.

I ______take you ______to be my husband. I will cherish our friendship, and love you faithfully today, tomorrow, and forever. I will trust you and honor you and encourage you in all that you do. I will share your laughter and be there always, through the best and worst of times. As I have given you my hand to hold, so I give you my life to keep.

Exchange of the Wedding Rings The wedding ring is a symbol of the unbroken circle of love, for love freely given has no beginning and no end. Once these rings are given and received, they seal the covenant that you have made with one another. May these rings always be a loving reminder of the ties that hold you together forever as husband and wife.

______, I give you this ring. Wear it in love and joy. As this ring has no end, neither shall my love for you. I choose you to be my wife this day and forevermore.

______, this ring I give you, in token of my love and devotion, and with my heart, I pledge to you all that I am. With this ring, I marry you and join my life with yours.

Pronouncement As you have consented to Marriage and have pledged your faith to each other and have declared the same by joining hands and receiving rings, by the power vested in me by the Commonwealth of Massachusetts, I now pronounce you husband and wife.

16

Sample Same Gender Wedding

Welcome Good afternoon. We are united this afternoon out of love, as ______and, ______pledge their lives as one, and commit themselves to each other forever in marriage. Cody and Karl, there are no vows more solemn than those you are about to exchange. There are no obligations on earth more sweet or tender than those you are about to assume. There is no human institution more sacred than the family you are about to establish. Marriage is the most solemn yet the most fulfilling of all relationships.

Consent ______, will you have ______to be your partner for life, to live together in marriage? Will you commit yourself completely to him and to him alone? And will you promise to love him, care for him, and stand by him through all that life may bring, as long as you both shall live? (Response: I will.)

______, will you have ______to be your partner for life, to live together in marriage? Will you commit yourself completely to him and to him alone? And will you promise to love him, care for him, and stand by him through that life may bring, as long as you both shall live? (Response: I will.)

Address and Readings Today is the beginning of a new and exciting phase in your life together for the two of you and I am so happy to share this day with you. Today marks the commencement of a new relationship with your families, with your friends, and certainly with each other. The relationship you have shared so far, will be forever changed today through the covenant you are about to make.

Today, you are taking into your care and trust the happiness of the one person in this world who you love with all your heart. And you are placing yourself, your life, and your love, into the hands of the one who loves you with all their heart.

When you marry, you enter life’s most important relationship. It is a gift given to bring you comfort when you feel sorrow, peace when you feel unrest, laughter when you feel happiness and love that you can share.

Wedding Vows ______, please repeat after me:

I, ______, take you, ______, to be my constant friend, and my unconditional love from this day forward. In the presence of our family and friends, I offer you my solemn vow to be your faithful partner in sickness and in health, in good times and in bad, and in joy as well as in sorrow. I promise to support you in your goals, to honor and respect you, to laugh with you and cry with you, and to cherish you for as long as we both shall live.

______, please repeat after me:

I, ______, take you ______, to be my partner in life and my one true love. I will cherish our union and love you more each day than I did the day before. I will trust you and respect you, laugh with you and cry with you, loving you faithfully through good times and bad, regardless of the obstacles we may face together. I give you my hand, my heart, and my love, from this day forward for as long as we both shall live.

Exchange of the Rings The wedding ring serves as a symbol of the promise you have just spoken. It is the outward and visible sign of an inward and invisible love that binds your hearts together. It is a perfect circle without beginning and without end. Whenever you look at this ring, may it forever remind you of the promises you have made this day, and keep your love pure and permanent.

______, please repeat after me:

17

______, I give you this ring as a symbol of my love, my faith in our strength together, and my covenant to learn and grow with you. As this ring has no end, neither shall my love for you.

______, please repeat after me:

______, This ring I give you, in token of my love and devotion, and with my heart, I pledge to you all that I am. With this ring, I marry you and join my life with yours.

Pronouncement ______and ______, we have witnessed the joining of your two lives in marriage. You have exchanged your vows and given and received these rings in token of your love and commitment to each other. And so, by the power vested in me by the Commonwealth of Massachusetts, as Justice of the Peace, I now pronounce you joined in marriage.

Another Sample Ceremony

Welcome We are gathered here today in the sight of family and friends to join together this man and this woman in matrimony.

Consent ______, Will you have this woman to be your wedded wife to live in the estate of matrimony? Will you love her, comfort her, honor her, and keep her in sickness and in health; forsaking all others, so long as you both shall live? (Response: I will.)

______, Will you have this man to be your wedded husband, to live together in the estate of matrimony? Will you love him, comfort him, honor him, and keep him in sickness and in health; forsaking ail others, so long as you both shall live? (Response: I will.)

Who gives this woman to be married to this man?

Join hands and repeat after me.

I, ______, take thee, ______, to be my wedded wife, to have and to hold from this day forward, for better for worse, for richer for poorer, in sickness and in health, to love and to cherish, till death do us part.

I, ______, take thee, ______, to be my wedded Husband, to have and to hold from this day forward, for better for worse, for richer for poorer, in sickness and in health, to love, and to cherish, till death do us part,

Ring Ceremony May I have the rings? First, the groom receives the bride’s ring, and then the bride receives the groom’s ring:

______, place this ring on ______finger and repeat after me:

With this ring I thee wed and offer it as a symbol of our everlasting love.

______, place this ring on ______finger and repeat after me:

With this ring I thee wed and offer it as a symbol of our everlasting love.

Pronouncement For as much as ______and ______have consented together in wedlock, and have witnessed the same before this company, and have declared the same by joining hands and giving and receiving rings, each to the other. By virtue of the authority vested in me by the Commonwealth of Massachusetts, I pronounce that they are Husband and Wife.

18

READINGS

My Promise of Love to You Dorothy R. Colgan

I promise to give you the best of myself, and to ask of you no more than you can give... I promise to respect you as your own person, and to realize that your interests, desires and needs are no less important than my own... I promise to share with you my time and my attention, and to bring joy, strength and imagination to our relationship... I promise to keep myself open to you, to let you see through the window of my world into my innermost fears and feelings, secrets and dreams... I promise to grow along with you— to be willing to face changes as we both change in order to keep our relationship alive and exciting... I promise to love you in good times and in bad, • with all I have to give and all I feel inside in the only way I know how— completely and forever.

On Your Wedding Day

Dear Your wedding day is a time of remembrance, When your souls are linked and your family grows. I give you my love and prayers that you live a life of fulfillment and happiness. For I know you both have seen many hardships and deserve to be free from sadness and pain. May you remember this day with warm hearts and happy thoughts as we all gaze with pride as your vows are exchanged, Thinking of the good times to come when we are all a family. Marriage is based on love as well as friendship And you have shown how much you mean to each other. As the days increase, and through thick and thin, May you both grow closer, almost becoming one. Be happy and never lose faith when times are hard, For everything can be resolved in one way or another. May we all see this as a new start, But never forget the memories of the past.

19

REFERENCE BOOKS FOR VOWS AND CEREMONIES

There are a number of references online for Justices to use to create the perfect wedding for clients. As you grow in experience, you will develop a library of vows and readings based on ceremonies you have created. Here is a brief list of resources available in hardcopy:

 For As Long As We Both Shall Live -- Roger Fritts  Weddings From The Heart -- Daphne Rose Kingma  The Everything Wedding Book -- Anastasio and Bevilacqua  The Wedding Ceremony Book -- W. Marshal Davis  Jewish Customs And Ceremonies -- Ben M. Edidin  Have Tuxedo - Will Travel -- Richard Rondeau  Words For Your Wedding -- Glusker and Misner  Wedding Vows -- Peg Kehret  Happy Is The Bride The Sun Shines On -- Leslie Jones  Complete Book Of Wedding Vows -- Diane Warner  Saying "I Do" - The Wedding Ceremony -- Steven M. Neel  A Marriage Service For You -- Robert J. Peterson  Wedding Readings -- Eleanor Munro  With These Words I Thee Wed -- Barbara Ekof  A Marriage Anthology -- Robert Haas and Stephen Mitchel  A Humanist Wedding Service -- Corlis Lamont

20

SAMPLE MARRIAGE LICENSE

21

ADVISORY BULLETIN FOR MARRIAGE OFFICIANTS & FAQs

Registry of Vital Records and Statistics Department of Public Health

Who may perform marriages in Massachusetts? Any ordained minister of the gospel, priest, clergyman, rabbi, deacon, and/or justice of the peace with the authority to perform marriages granted by the Massachusetts Secretary of State.

I live in another state. Can I legally perform a marriage ceremony in Massachusetts? If you live out-of-state but your religious facility is in Massachusetts, you may perform marriages in the Commonwealth. In the left-hand margin of the marriage license please indicate, "My religious facility is located in Your town MA".

I don't live or work in Massachusetts. May I still legally perform a marriage in Massachusetts? Permission to perform a SPECIFIC MARRIAGE CEREMONY in the Commonwealth may be obtained through the Secretary of State by the following non-residents:  Clergy whose denominations are recognized in the Commonwealth  Judges with the power to perform marriages in the home states  Justices of the peace who hold that position by virtue of their office

Commissions must be obtained from: Commissions Division Secretary of State One Ashburton Place Boston MA 02108. Additional questions regarding your legal ability to perform a specific marriage should also use the same address.

What do I need to perform a marriage?  The two people intending to be married - NO PROXY MARRIAGES  A valid marriage license The license must be received BEFORE the ceremony, and issued and signed by the clerk or assistant clerk in any Massachusetts city or town. A LICENSE FROM ANY OTHER STATE IS NOT VALID IN MASSACHUSETTS. A "NOT VALID AFTER" date appears in the margin. If that date has passed, the license is invalid and the couple will have to obtain a new license. DO NOT PERFORM THE MARRIAGE!

What happens if the couple just forgot the license? You don’t perform the ceremony

Do I need witnesses for the marriage ceremony? Under Massachusetts law, the officiant is the witness. Of course, this does not restrict any religious requirements of your denomination.

Is there any specific wording necessary for the ceremony? No specific ceremony is required.

If there are two officiants at the ceremony, how is the license signed? The law only provides for one signature. The officiant who actually pronounces the couple as married should sign.

How do I complete the license after the ceremony? Do not complete items 1 and 2. Only complete items in the block marked officiant (item 22). Use only permanent black ink, type or print legibly. If the ceremony does not take place in a religious facility, use the number and street address; not the building name of a building, i.e., 3 Main St. NOT Elks Lodge.

What happens if I make a mistake on the license?

22

You will be required to complete a new certificate by the clerk. Liquid erasers, strike overs, and cross outs are not allowed. The marriage certificate is a permanent personal and legal record for the couple and generations to come. Rectifying mistakes can be difficult/expensive, and perhaps impossible.

Do / keep a record of the marriage? ALL OFFICIANTS, religious or civil, must keep an UNALTERABLE RECORD of the marriages they have performed. It is suggested that a hard bound book with a hand written sequential record of the facts of the marriages is best. Record keeping systems such as loose leaf notebooks and photo-copies can be altered and are therefore not allowed.

Where do I send the license after completion? Return the completed license to the city or town clerk of the community who issued the license (item 21). This may not be the same clerk of the community where the ceremony was held. Return it before the tenth day of the month following the marriage. The officiant is responsible for returning the license. Do not give it to the newlyweds for registration.

What if the newlyweds want a copy? Give them evidence of their marriage from your personal records. Complete your own certificate of the facts of the marriage. DO NOT PHOTOCOPY THE LICENSE. The license will not be complete until the clerk records the marriage. After it has been entered and recorded by the clerk, the couple may purchase a certified copy from the clerk.

What fee may I charge to officiate a marriage? Massachusetts law addresses only maximum fees for a justice of the peace. The current maximum is $100.00 if the marriage is performed in the community where you reside and $150.00 in a different community. The law was substantially amended in 1989. Other fees are subject to mutual agreement between the couple and the officiant.

Where can I go for additional information? You may contact any Massachusetts city or town clerk or Registration Unit. Registry of Vital Records and Statistics Telephone: (617) 727-0036; Fax:(617)727-8018.

Are there any specific legal penalties for officiants who fail to follow procedure? Marrying a couple who have not obtained a license may carry a fine of up to $500.00. Marrying a couple without authority may carry a fine of up to $500.00, a year in prison or both. Knowingly performing marriage in evasion of the laws of another state could carry a fine of up to $500.00 or imprisonment for one year or both. Reproducing or photocopying the official license could result in a fine of up to $100.00. Providing false or fraudulent information, a fine of up to $500.00 or 6 months. Failure to make records or returns carries fines of up to $100.00. Intentional alteration of a certificate for the purpose of perpetuating a fraud where the certificate may be used as legal proof in a crime may result in imprisonment of up to 10 years.

23