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Justices of the Peace Summary of
Duties |
The following is a
short summary of the primary duties performed by our
Justices of the Peace office in the Commonwealth of
Massachusetts. It is by no means a complete list, but is meant to be
a general guide to help you better understand the office of a
Justices of the Peace and the varied responsibilities and functions
that its commission entail.
I. SOLEMNIZE MARRIAGES WHEN SO
AUTHORIZED A marriage may be solemnized by a Justice of
the Peace, anywhere in the Commonwealth. This is the most visible of
all the functions performed by a Massachusetts Justice of the
Peace.
A. FORM OF CEREMONY As a
general rule, there is no prescribed form of ceremony to solemnizes
a marriage. Although particular words are not essential to a
ceremonial marriage, the words employed must be sufficient to
demonstrate a present marriage contract.
B. MARRIAGE RECORDS AND RETURNS As your
Justice of the Peace, we're obligated by law to return your
marriage certificates to the clerk or registrar who issued the
certificate upon performing your wedding. But as a keepsake, we
provide each couple with an "unofficial" Certificate of Marriage.
This invaluable certificate can be taken on your honeymoon as the
commonwealth licenses are not immediately available.
C.
NON-REFUSAL TO PERFORM MARRIAGE CEREMONYAs a Justices of the Peace
for the Commonwealth, we are a public official that have sworn
an oath that to "bear true faith and allegiance to the Commonwealth
of Massachusetts, and [to] support the constitution thereof."
Moreover, we will perform any legal wedding allowed by the laws of
the Commonwealth, without regards to your race, national origin or
sexual orientation or other protected status.
II.
ACKNOWLEDGMENTSAs a Justice of the Peace we are also authorized
to take acknowledgments in the same manner as a Notary
Public.
III. OATHSIn addition, I am also
authorized to administer certain oaths of office. Oaths may be
administered to town clerks; to a probate and insolvency register;
to special State police officers; to officers for return of expenses
in criminal cases; for presiding officials of religious societies;
to municipal employees; to caucus officers; to Commissioners in
State, Territory, District, or Dependency, of the United States; to
appraisers; and in probate court
proceedings.
IV. DEPOSITIONSAdditionally, to witnessing a
document under, as a Justice of the Peace we may take, upon
request, depositions within the commonwealth by administering
written interrogations unless otherwise provided by a court. A
deposition is usually a written statement by a witness under oath.
V. CALLING OF MEETINGSUnder certain
limited circumstances, Justice of the Peace may call meetings of
corporations, fire districts, proprietors of private ways or
bridges, proprietors of wharves and real estate lying in common,
general field proprietors, religious societies, and a town meeting
upon the resignations of a town selectmen by issuing a
warrant.
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