Section 39. The governor may in his discretion designate a justice of the peace in each town and such further number, not exceeding one for every five thousand inhabitants of a city or town, as he considers expedient, to solemnize marriages, and may for a cause at any time revoke such designation. The state secretary, upon payment of twenty-five dollars to him by a justice of the peace so designated, who is also a clerk or an assistant clerk of a city or town or upon the payment of fifty dollars by any other such justice, shall issue to him a certificate of such designation.
The state secretary may authorize, subject to such conditions as he may determine, the solemnization of any specified marriage anywhere within the commonwealth by the following nonresidents: a minister of the gospel in good and regular standing with his church or denomination; a commissioned cantor or duly ordained rabbi of the Jewish faith; an authorized representative of a Spiritual Assembly of the Baha'is in accordance with the usage of their community; the Imam of the Orthodox Islamic religion; a duly ordained priest or minister of the Buddhist religion; a minister in fellowship with the Unitarian Universalist Association and ordained by a local church; a leader of an Ethical Culture Society which is recognized by the American Ethical Union and who is duly appointed and in good and regular standing with the American Ethical Union; a justice of a court or a justice of the peace authorized to solemnize a marriage by virtue of their office within their state of residence; and, it may be solemnized in a regular or special meeting for worship conducted by or under the oversight of a Friends or Quaker Monthly Meeting in accordance with the usage of their Society. A nonresident may solemnize a marriage according to the usage of any church or religious organization which shall have complied with the provisions of the second paragraph of section 38. A certificate of such authorization shall be issued by the state secretary and shall be attached to the certificate issued under section twenty-eight and filed with the appropriate city or town clerk. If one of the nonresidents enumerated above solemnizes a specified marriage anywhere within the commonwealth without having obtained a certificate under this section, the state secretary, upon application of such person, may issue a certificate validating such person's acts. The certificate of validation shall be filed with the certificate issued under section twenty-eight of chapter two hundred and seven.
In addition to the foregoing, the governor may designate any other person to solemnize a particular marriage on a particular date and in a particular city or town, and may for cause at any time revoke such designation. The state secretary, upon the payment to the secretary of $25 for applications delivered by mail, facsimile or hand or $20 for applications submitted electronically, shall issue to said person a certificate of such designation. Such certificate shall expire upon completion of such solemnization.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title III - Domestic Relations
Section 1 - Marriage of Man to Certain Relatives Prohibited
Section 2 - Marriage of Woman to Certain Relatives Prohibited
Section 3 - Application of Secs. 1 and 2
Section 4 - Polygamy Prohibited; Exception
Section 6 - Marriage During Existence of Former Marriage; Validity
Section 7 - Marriage of Minors Prohibited; Exception
Section 8 - Prohibited Marriages Void Without Judgment
Section 10 - Prohibited Foreign Marriages; Null and Void
Section 14 - Determination of Validity of Marriage
Section 15 - Issue of Certain Void Marriages
Section 16 - Issue of Marriage Void by Reason of Nonage or Insanity
Section 17 - Issue of Marriage Void by Reason of Prior Marriage
Section 18 - Care and Maintenance of Children After Judgment of Nullity of Marriage; Power of Court
Section 19 - Intention of Marriage; Situs; Time; Fees
Section 20 - Intention of Marriage; Written Notice; Oath
Section 23 - Intention of Marriage; Notice; Time and Situs of Receiving
Section 24 - Intention of Marriage; Nonage Minors; Receiving of Notice Prohibited
Section 25 - Nonage Minors; Authorization of Marriage
Section 26 - Intention of Marriage; Notice Without Consent; Liability; Cancellation
Section 27 - Intention of Marriage; Adopted Persons
Section 28 - Certificate of Intention of Marriage; Delivery; Time
Section 29 - Certificate of Intention of Marriage; Issuance to Immigrants
Section 30 - Certificate of Intention of Marriage; Dispensing With Three Days' Notice
Section 31 - Certificate of Intention of Marriage; Prohibition of Alteration
Section 33a - Intention of Marriage; Proof of Age
Section 35 - Refusal of Certificate of Intention of Marriage
Section 37 - Impediments to Marriage; List; Posting
Section 38 - Solemnization of Marriage; Situs; Persons Authorized
Section 39 - Solemnization of Marriage; Justice or Non-Resident Clergymen
Section 40 - Solemnization of Marriage; Records; Returns
Section 41 - Solemnization of Marriage; Imperfect Certificates; Correction
Section 42 - Irregular Solemnization of Marriage; Validity
Section 43 - Solemnization of Marriage by Consul
Section 44 - Solemnization of Marriage; Fees
Section 45 - Evidence of Marriage; Record
Section 46 - Evidence of Marriage; Certificate of Consul
Section 47 - Evidence of Marriage; Admissions; Repute; Cohabitation
Section 47a - Breach of Contract to Marry Not Actionable
Section 47b - Alienation of Affection and Criminal Conversation Not Actionable
Section 48 - Solemnization of Marriage Without Authority; Penalty
Section 49 - Joining Persons in Marriage Without Certificate; Penalty
Section 51 - Violation of Certain Provisions of This Chapter; Penalty
Section 52 - Violation of Law Concerning Making Notice of Intention; False Statements; Penalty
Section 53 - Certificate of Intention of Marriage; Issuance to Nonage Persons; Penalty
Section 54 - Certificate of Intention of Marriage; Illegal Alteration; Penalty
Section 56 - Records and Returns of Marriages; Failure to Make; Penalty
Section 57 - Certificate of Intention of Marriage; Failure to Return; Penalty