Massachusetts § 40 - Solemnization of marriage; records; returns

Full text of Massachusetts Massachusetts General Laws § 40 — Solemnization of marriage; records; returns, with citation guidance and answers to common questions.

§ 40. Solemnization of marriage; records; returns

Section 40. Every justice of the peace, minister of the gospel, minister of the Unitarian Universalist Association, rabbi, secretary of a Spiritual Assembly of the Baha'is, leader of an Ethical Culture Society, duly ordained priest or minister of the Buddhist religion, Imam of the Orthodox Islamic religion, clerk or keeper of the records of a meeting wherein marriages among Friends or Quakers are solemnized, nonresident justice of a court and any person authorized to solemnize marriages according to the usage of any other church or religious organization which shall have complied with the provisions of the second paragraph of section thirty-eight shall make and keep a record of each marriage solemnized by him, or in such meeting, and of all facts relative to the marriage required to be recorded by section one of chapter forty-six. He shall also return each certificate issued under section twenty-eight no later than the tenth day of the month following each month in which marriages are solemnized by him to the clerk or registrar who issued the same. Each certificate and copy so returned shall contain a statement giving the place and date of marriage, attested by the signature of the person who solemnized the same, or of said secretary of a Spiritual Assembly of the Baha'is or of said leader of an Ethical Culture Society, or of said duly ordained priest or minister of the Buddhist religion, or Imam of the Orthodox Islamic religion, or of said clerk or keeper of the records of a Friends or Quaker Monthly Meeting or any person authorized to solemnize marriages according to the usage of any other church or religious organization which shall have complied with the provisions of the second paragraph of section thirty-eight. The person who solemnized the marriage shall add the title of the office by virtue of which the marriage was solemnized, as ''justice of the peace'', ''minister of the gospel'', ''clergyman'', ''priest'', ''rabbi'', ''authorized representative of a Spiritual Assembly'', ''leader of an Ethical Culture Society'', or ''duly ordained priest or minister of the Buddhist religion'', or ''Imam of the Orthodox Islamic religion'', or other appropriate title, and his residence. All certificates or copies so returned shall be recorded by the clerk or registrar receiving them.

Source: official Massachusetts text · Last verified 2026-08-27

Frequently Asked Questions About Massachusetts § 40

What does Massachusetts General Laws § 40 cover?

Section 40 ("Solemnization of marriage; records; returns") is part of the Massachusetts General Laws, the codified statutory law of Massachusetts. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Massachusetts § 40?

A common citation format is "Massachusetts General Laws § 40" (Massachusetts). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Massachusetts law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Massachusetts official source linked on this page or consult a licensed Massachusetts attorney.

How does Massachusetts § 40 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Massachusetts can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Massachusetts.