The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-29
The Ministers and the Marriage
Laws of the Territory of Hawaii.
Prepared for the Honolulu Ministers Meeting May g. by
Rev. w. .. Westervet.

'<~|T|~<> ~TNT~"<~N@< ~r"S~|-e~rer S<t-S<~N~SS~~S
also be careful to give a marriage Ger
tifcate to the persons married whethe
he receives any fee or not.
g 1t shall be the duty of every per
son authorized to solemnize marriage
within this Territory to make ant
preserve a record of every marriage by
him solemnized comprising the names
of the man and woman married, THEN
place of residence and the date of THEN
marriage, and to deliver a certificate OF
the record of such marriage signed by
him, to the parties married. Every per
who shall neglect to keep record of
any marriage solemnized by him or to
deliver certificate thereof to the par
ties married shall upon due proof of
such neglect be subject to fine of fifty
dollars. -
Section 2215 makes it obligatory upon
the minister to give certificate of the
marriage to any person requesting it
and offering fifty cents in payment:
1t shall be the duty of any person
authorized to solemnize marriage to de-
liver to any person requesting the same,
written certificate of the record of
any marriage by him solemnized, being
paid or rendered the sum of fifty
cents Refusal subjects the minister
to fine of fifty dollars.
Section 22l6 is intended to provide
for permanent preservation of the
record kept by the minister or any per-
son authorized to perform the marriage
rite. The record is to be delivered
finally to the Territorial Treasurer.
However, it does not say that the per-
son must leave his record himself. His
executors or legal representatives are to
do this or pay fine Of $4,000.
To summarize the territorial require
ments we notice:
"a The minister must secure his
own license.
90 He must be careful about false
(3) He must have presented to him
the permit granted to the parties seek
ing marriage.
"a He must make full report to the
Registrar of the Board of Health.
90 He must keep his own home
record.
co. He must give a certificate to
the parties married.
% He must give a certificate to
any person asking for it and rendering
fifty cents in payment.
(S) He is expected to deposit his
record with the Territorial Treasurer if
he leaves the Territory.
The United States now steps in with
additional requirements which the
minister must observe, subject to sew
eral penalties. This law is found in
Section of Act of March 3, 1887, re-
ferring to marriage in Territories.
The person solemnizing the marriage
rite must certify
0) To the fact and nature of such
(2) The full names of each of the !,
parties concerned.
90 The full name Cor names) of |
those performing the ceremony or as |
'isting therein.
ca This certificate must be signed
oy the parties being married and all
hose who take part as officiating in the :,
ceremony.
90 The one in charge must file this |
certificate in the office of the Probate
Court or in the office of the court hav-
ng probate powers.
"Any person willfully violating any
f these provisions shall on conviction
hereof be punished by fine of not
more than one thousand dollars or by
not longer than two years
r by both said punishments in the dis
retion of the court. -
1t may well be said that many min
sters are entirely ignorant of this
Tnited States enactment and therefore
ontinualiy fail to make This certified
eport.
The clause requiring the personal
ignatures is easily overlooked in the
and hustle following a cere-
1ony. Perhaps some step should be
AIKEN TO protect our native ministry by
few words in TIE native paper issued
" the Hawaiian Board.
1t should he said that Rev. d. Scud-
er has prepared blanks to fill out for
he Probate Court certificate and these
rinted blanks can be secured at the
hawaiian Board room at low price.