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First recorded activity by BoatBanter: Feb 2007
Posts: 5,649
Default Ping: Capt. Francis....

On Tue, 02 Oct 2007 09:58:45 -0700, Tim wrote:

Something I've always wondered.

OK, some of my Great Grandparents came from Germany in 1858 and were
legally married by the capt. of the ship before entering port into the
US. (Louisiana) It was a larger passenger type vessel from what I
understand.

Now, question is. Can you or ANY licensed capt. perform the same duty?

Just curious.


The short answer is no within the accepted boundries of the US unless
the licensed Captain is a Notary (in some states), Justice of the
Peace, Court officer (like Judge or Magistrate) or has a religious
connection of some sort - as in Minister or Priest. There are legal
issues regarding proper licensening, provenance, etc., that take
precedence. Internationally, it depends on the country of
licensening, but the last time I looked it up, only Japan and Bermuda
allow marriages at sea to be legal and then only for heterosexual
couples.

The twist is that yes, the Captain can perform the marriage as long as
one of the above mentioned State/Federal officers are present to
witness the proceedings and declare them valid. The Captain is
essentially the presiding officer on a court in that instance.

The way it used to be viewed is that the Captain, as Master of the
vessel, was akin to Royalty in that he was the sole deliberative body
onboard the vessel thus had absolute authority to do as he pleased
(within certain boundries).

Now, if you are asking if I've ever done it, yes. I am a Justice of
The Peace and a Notary Public.

I've even had the chance to be a Magistrate at Traffic Court for one
day - that was a blast.

HANG 'EM!!! :)
 
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