572-12 By whom solemnized. A license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by any minister, priest, or officer of any religious denomination or society who has been ordained or is authorized to solemnize marriages according to the usages of such denomination or society, or any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society, or any justice or judge or magistrate, active or retired, of a state or federal court in the State, upon presentation to such person or society of a license to marry, as prescribed by this chapter. Such person or society may receive the price stipulated by the parties or the gratification tendered. [CC 1859, 1285; RL 1925, 2950; am L 1929, c 104, 6; RL 1935, 4640; RL 1945, 12361; RL 1955, 323-12; HRS 572-12; am L 1969, c 19, 2; am L 1974, c 15, 1]

 

Case Notes

 

In adultery, testimony of clergy who was authorized to solemnize and perform marriage is admissible. 10 H. 440.

If record introduced, not necessary to prove that celebrant had authority to solemnize. 10 H. 442.

No ceremony necessary, but license is. 25 H. 397, rev'g 16 H. 377.

Cited: 74 H. 530, 852 P.2d 44.

 

Previous Vol12_Ch0501-0588 Next