| Show PILING MARRIAGE certificates F tnie TH correspondent who drew forth an article on Af marriage arriage certificates I 1 in a recent issue of the NEWS is not entirely satisfied with the conclusions therein expressed in another communication muni cation he caysi says 1 in the ath section of the edmunds tucker law it states that the certificate shall be filed in the office lot of the probate court or if there be none in the office of the court having probate pow ers era in the county or district in which such ceremony shall take place lor for record and shall be immediately recorded etc bic it is clear this law contemplated tem plated that marriages between parties would be performed in other counties cou aties than the one in which they lived it requires that the certificate shall be filed but not immediately as you state in the probate court what probate court it says or it there be none none joae W what hat probate court where the only inference apparently must be in the probate court of the county in ie which the parties live it if there is no court having probate powers where the parties live then the certificate is to be tiled filed in the cou county n ty where the ceremony Is performed er and it there is no court having probate powers po aers in the county where the ceremony is performed then in the district in some county having the requisite powers hence a marriage consummated by parties in a county other thao than toe tae one in which they live which has probate powers it would seem that would be the place to file ale the certificate and not where the marriage was performed because the county from the parties hailed possessed probate powers ga the framers of the utah marriage law evidently had in mind the foregoing premises else I 1 imagine they would not have made a law in the manner they did which law requires that marriage certificates shall bo be filed with the license in the court from whence it issued to be there recorded irrespective spec tive of the county in which the marriage was performed this view of the case harmonizes bith laws and supercedes supersedes the necessity of filing two certificates because the filing of one fills the requirements of both providing Vi the court in which the filing is in made has probate powers and toe tae fact fact that only a probate court or clerk can caa issue a license makes it morally certain that the certificate will be filed in a probate cour court thus filling the requirements quire ments of the edmunds tucker law respecting the thirty days given by the utah law in to file the certificate this does not conflict with the congressional law which without stating when it shall be filed requires that whenever it is filed it gaall b be a immediately recorded and our law makers probably considered that 30 days would be lawf lawful ua in which to make the filing should you think these views of any weight you are at liberty to use them as you shefit see fit yours respectfully ecta ully omitting minor phases of this matter ie r the main question in the mind of our correspondent seems to be where should the marria marriage ge certificate be filed and is it necessary to file more than one the language of the ed munds tucker law quoted in the first paragraph of his letter indicates that congress was under the impression that there were or might be some counties in utah without a probate court hence it is provided that when marriages occur in such counties the certificate may be filed in the court which exercises probate jurisdiction over the region of country embracing them but it there is a probate court in the county in which a marriage ceremony is performed formed the t h a certificate must be filed fil performed jer there s such ach is our unqualified opinion of the mean ing and intent of the language of the edmunds tucker law first quoted by our correspondent As there is a probate court in each county of the territory it follows follow a that marriage certifier certificates ates should not be filed inan in any other court in our view it would not net be complying with the law of congress to file a marriage certificate in a district court nor elsewhere than in the office of the probate court of the county I 1 in a which the ceremony took place if however such a thing should happen as the discontinuing of the probate court in any county it would doubtless be proper to file the certificate of a marriage occurring I 1 in n such county with the clerk of the district di s court of the judicial district embracing that county law requires required a marriage c certificate er to be filed in the probate court of the county in which the bride resided the congressional law requires one ona to be filed la in the probate court of the county in which the ceremony was performed it follows therefore that if a female is married in A county other than the one in which she resides two certificates are necessary one to comply with toe the national the other with the local law the district courts of abis jais territory transact no probate husi business i e ess nor have they any probate powers except such as are incidental to their powers as appellate courts to refer to them as courts of probate powers would in the ordinary use of terms be improper though equity might give them such powers in such an emergency as the discontinuing of a probate court in a county within their jurisdiction in III all of the states of the union original jurisdiction of such matters as marriage A L ge licenses certificates etc is 18 gl given v en to probate courts and the ed munds tucker law contemplates compliance with this rulo |
