February 1, 2005, Introduced by Reps. Taub, Stakoe and Amos and referred to the Committee on Judiciary.
A bill to amend 1846 RS 83, entitled
"Of marriage and the solemnization thereof,"
by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as
amended by 1983 PA 64.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) Marriages may be solemnized by any of the
following:
(a) A judge of the district court, in the district in which
the judge is serving.
(b) A district court magistrate, in the district in which the
magistrate serves.
(c) A municipal judge, in the city in which the judge is
serving or in a township over which a municipal court has
jurisdiction
pursuant according to section 9928 of Act No. 236
of
the Public Acts of 1961, being section 600.9928 of the Michigan
Compiled
Laws the revised judicature act of 1961, 1961 PA
236, MCL
600.9928.
(d) A judge of probate, in the county or probate court
district in which the judge is serving.
(e) A judge of a federal court.
(f) A mayor of a city, in the city in which the mayor serves.
(g)
The county clerk of a county having more than 2,000,000
inhabitants
or an employee of the clerk's
office designated by the
county clerk, in the county in which the clerk serves.
(h) A minister of the gospel, anywhere in the state, if the
minister is ordained or authorized to solemnize marriages according
to the usages of the denomination, and is a pastor of a church in
this state, or continues to preach the gospel in this state.
(i) A minister of the gospel, anywhere in the state, if the
minister is not a resident of this state but is authorized to
solemnize marriages under the laws of the state in which the
minister resides.
(2) A person authorized by this act to solemnize a marriage
shall keep proper records and make returns as required by section 4
of
Act No. 128 of the Public Acts of 1887, as amended, being
section
551.104 of the Michigan Compiled Laws 1887 PA 128, MCL
551.104.
(3) If a mayor of a city solemnizes a marriage, the mayor
shall charge and collect a fee to be determined by the council of
that city, which shall be paid to the city treasurer and deposited
in the general fund of the city at the end of the month.
(4)
If the county clerk of a county having more than
2,000,000
inhabitants or an employee of the
clerk's office
designated by the county clerk solemnizes a marriage, the county
clerk shall charge and collect a fee to be determined by the
commissioners of that county, which shall be paid to the county
treasurer and deposited in the general fund of the county at the
end of the month.
Sec.
16. A marriage solemnized before a person an individual
professing to be a district judge, common pleas court judge,
district court magistrate, municipal judge, judge of probate, judge
of
a federal court, or mayor, the county clerk of a county having
more
than 2,000,000 inhabitants or an
employee of the county clerk
designated by the clerk to solemnize marriages, or a minister of
the gospel shall not be considered or adjudged to be void, nor
shall
the validity of the marriage be affected, on account of any
a want of jurisdiction or authority in the
supposed judge,
magistrate,
mayor, clerk, employee, or minister by that individual
if the marriage was consummated with a full belief on the part of
the
persons individuals married, or either of them, that they
were lawfully joined in marriage.