Show COUNTY CLERKS AND MARRIAGE LICENSES wic WE are in receipt of the following communication from mr john morrill dated junction plute County My May Is there any law upon our utah statute books authorizing a probate clerk to appoint a deputy can marriage licenses be issued under our new marriage law by any other persons than probate clerks or during their absence or a vacancy in their offices by the probate lobate judges in the different counties counties does 16 of the new law show conclusively that the intention of the legislature was that no other person than the clerks themselves not deputies should issue such licenses except in the absence of the clerks or during a vacancy in their offices py by answering the above questions through the columns of the NEWS you will confer a favor on OB some of your readers A statute passed feb 16 1870 and found on OB page of the compiled laws 1876 provides as follows section I 1 be it enacted etc that the clerks of the various courts and county recorders of this territory are hereby authorized to appoint deputies for whose acts they shall be responsible see sec 2 said deputies shall have power to perform all the acts and duties which the principals have right to per perform folin in their official capacities and to demand and receive the same fees as their principals for so doing section sixteen of the marriage law passed at the last session of the legislature is as follows see sec 16 in the absence of the clerk or during a vacancy in ia the office the license may be issued by the probate ludge judge who in so doing shall perform the he duty and in incur all the responsibilities bili ties of the clerk and be liable to 10 the same penalties and shall return a memorandum thereof to the clerk and the same shall be recorded as if issued by him we do not understand this section to have the meaning intimated by our correspondent the term clerk as here used includes his deputy in the performance of such perfunctory duties as the issuing of J marriage mar licenses the law knows no distinction between the acts of a principal and those of his deputy in law the deputy clerk is deemed to be the clerk that the statute in question contemplates contemplate cou template that deputy clerks shall issue marriage licenses is plainly obvious from section 15 which provides that every clerk or ihde deputy uen p ty clerk who shall knowingly issue s a license for any prohibited marriage shall the be punished as therein prescribed scrib ascribed scribed bed td the reason why deputy clerks are expressly mentioned in this section is because the latter is penal and a rule of law requires penal legislation to be strictly construed and applied only to persons distinctly designated the taw law contemplates that probate judges shall issue mariage marriage licenses only when there is no c cark I 1 rk or deputy clerk accessible As aa being confair confirmatory in of the foregoing views section 7 of article il II of the county government bill passed at the last session of the legislature is appended seca see 7 each clerk of the county may appoint one or more deputies for whose official acts he shall be responsible and who before entering upon the duties of the office shall take the oath of office |