The Hawaiian gazette., 1905-01-17
EDMUNOS
ACT DUTY

Rumor mas u tnat tne FEDERAL De-
partment of Justice is about to take
action In the Territory on account OF
violations Of one of the sections OF the
famous Edmunds Act. Section Q OF
tina. Act reads as follows:
"Sec. 0. That every ceremony OF
marriage, or in the nature of a mar
riage ceremony. Of any kind, In any
of the Territories OF the United States,
whether either or both or more of the
parties 20 such ceremony be lawfully
competent to be the subjects of such
marriage or ceremony or not, shall be
certified by a certificate stating the
fact and nature of such ceremony, the
full name of each of the parties com
cerned, and the full name of every
officer priest and person, by whatever
style or designation called or known,
in any way taking part in the per-
formance of such ceremony, which
certificate shall be drawn up and sign
ell by the parties to such ceremony,
land by every officer, priest and person
taking part in the performance of such
ceremony, and shall be by officer
such marriage or ceremony, filed in
the office of the probate court, or, II
there be none, in the office of court
having probate powers in the county
or district in which such ceremony
shall take place. for record, and shall
be Immediately recorded, and be at all
times subject to inspection as other
public records.
'Such certificate or the record there
of, or a duly certified copy of such
record, shall be prima facie evidence
of the facts required by this Act to be
stated therein, in any proceeding, civil
or criminal, in which the matter shall
be drawn in question.
ANY person who shall willfully vio-
late any of the provisions of this Sec
tion shall be deemed guilty of mis-
sdtmeanor, and shall, on conviction
thereof, be punished by fine Of not
more than one thousand dollars, or by
Imprisonment not longer than two
years, or by both said punishments, in
the discretion of the court"
1t is said that, some time since, rep
Tesentatives of the Department of
Justice located in Honolulu gave fair
iOliNe that the DIONlSlbllS VI the law
would have to be complied with; TAX
ing the stand, however, that all
failures to comply with the law before
that time would be overlooked, as such
failures were probably the result of
Ignorance. The laws of the Territory
Y require that certain certificate should
be filed with the Board of Health by
officers performing the marriage cere-
n.ony. The Federal officials propose to
consult this record from time TO time,
End compare it with the records in the
office of the clerk of the Circuit Court.
WherevS- it is found that the GER
4 tificate required by the Edmunds Act
TO be filed has not been filed, 1t is said
tEat prosecutions will follow
Inquiry at the judiciary Clerks office
elicits the fact that the law has thus
far been almost completely ignored.
Canon Macintosh acted on the public
notification, equipping himself at the
u. S. District Attorneys office with
the required knowledge of procedure
Following is the form of certificate as
executed by Canon Ma. kintosh for a
marriage be performed:
Territory of Hawaii. Island of Ca
hu. SIS.
1T is hereby certified that at Homo
lulu, in the Island of Oahu in the Ter
ritory of Hawaii on the IL day of
August, 1903, the ceremony of marriage
between Edward B. lIibberdine, male
of the age of % years, residing at Ho-
nolulu in the Territory of Hawaii and
Beatrice Musgrave, female, of the age
sof 81 years, residing at Honolulu in
I the Territory of Hawaii, was duly and
STegularly performed by Alexander
Macintosh who is the Canon of St.
Andrews Cathedral of Honolulu, Ha-
wall; that said ceremony was perform
ed according to the rites of the Prot
estant Episcopal Church and that said
ceremony was solemnized in the pres
ence of --- and -- as witt
SI.esses. 4
I'm witness whereof, we, Alex. Mac
kintosh the person solemnizing such
marriage ceremony, and Edward B.
Hibberdine and Beatrice Musgrave, the
parties to said ceremony. have lere-
Into set our hands this IL day of Au-
gust, 1903, in pursuance of and in con-
fcrmity to the provisions of Section 8
of an Act of the Congress of the Unit
ed States of America, in force March
3, 1887, entitled An act to amend an
act entitled "An act to amend section
fifty three hundred and ffty-two Of the
Revised Statutes of the United States
In reference to bigamy, and for tther
purposes" approved March tive ity-
second, eighteen hundred and eighty
two.
Edward Benjamin Hibberdine,
Beatrice Musgrave,
ALEX. Macintosh,
"Canon of st. Andrews Cathe-
dral, Honolulu, Officiating
Clergyman.
witnesses:
John d. Gaines,
Percy John Harwood."
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