No. XXXV. transmitted by the post to the several offices of the said registrars as afore52 Geo. III. said, shall be endorsed and signed by the churchwardens or chapelwardens of every respective parish and chapelry in England, in the form contained in Schedule (E); and that all such letters and packets shall be carried and conveyed by means of his Majesty's post-office to and be delivered at the offices of the said registrars, without postage or other charge being paid or payable for the same. c. 146. Annual Copies of Register Books when transmitted to Registrars, kept from damage. Alphabetical List. Report to Privy respecting pro- False entries, or Entries, or al tering, &c. Register-Book. XII. And be it further enacted, That when and so often as the copies of the said register books of baptisms marriages and burials as aforesaid, and also the said lists of births baptisms marriages or burials as aforesaid, shall be transmitted to the office of the said registrars respectively as aforesaid, pursuant to the directions hereinbefore contained for that purpose, the said registrars shall respectively cause all the said books and lists to be safely and securely deposited, kept and preserved from damage or destruction by fire or otherwise, and to be carefully arranged for the purpose of being resorted to as occasion may require; and the said registrars respectively shall also cause correct alphabetical lists to be made and kept in books suitable to the purpose, of the names of all persons and places mentioned in such books and lists as shall have been transmitted to the said registrars respectively, which alphabetical lists and books and also the copies of registers and lists so transmitted to the said registrars as aforesaid shall be open to public search at all reasonable times on payment of the usual fees. XIII. And whereas in many dioceses the places wherein the copies of the parochial registrars of baptisms marriages and burials as well as the original wills proved within the same respectively are kept, are insufficient for their being preserved with due care; for which a remedy should be applied in those dioceses where it shall be found necessary;' be it further enacted, That in order to a due examination thereof, the Bishop together with the Custodes Rotulorum of the several counties within each diocese and the Chancellor thereof, shall before the first day of February one thousand eight hundred and thirteen cause a careful survey to be made of the several places in which the parochial registers and the wills proved within the diocese are kept; and shall make a report to his Majesty's most honourable Privy Council of the state of the same, on or before the first day of March following, setting forth in each case whether the buildings are in all respects fit and proper for the preservation of papers of the above description, as well with respect to space as to security from fire and to protection from damp, and if not at what probable expence they can be made so; and where the instruments and papers beforementioned are kept in dwelling-houses or other places, which cannot be made fit and secure for the due preservation thereof, then and in such cases the persons before named shall enquire and report in like manner at what expence proper buildings may be provided and in what places, so as to have one place within each diocese for the due preservation of all such registers and wills; together with their opinion upon the most suitable mode of remunerating the officers employed in each registry for their additional trouble and expence in carrying the provisions of this Act into execution. (1) XIV. And be it further enacted, That if any person shall knowingly false Copies of and wilfully insert or cause or permit to be inserted in any such register book of such baptisms burials or marriages as aforesaid, or in any such copy of any such register so directed to be transmitted to the registrars as aforesaid, or in any such lists or declarations also directed to be transmitted to such registrars as aforesaid, any false entry of any matter or thing relating to any baptism burial or marriage, or shall falsely make alter forge or counterfeit, or cause or procure or wilfully permit to be falsely made altered forged or counterfeited any part of any such register list or declaration or of any such copy of any such register; or shall wilfully destroy deface or injure or cause or procure or permit to be destroyed defaced or injured any such register book, or any part thereof: or shall (1) No farther Legislative Provisions have been yet made in pursuance of this Clause,—(Feb. 15.) knowingly and wilfully sign or certify any copy of any such register, No. XXXV. hereby required to be transmitted as aforesaid, which shall be false in any c. 146. part thereof, knowing the same to be false; every person so offending and 52 Geo. III. being thereof lawfully convicted shall be deemed and adjudged to be guilty of felony, and shall be transported for the term of fourteen years. XV. Provided always, and be it enacted, That no Rector Vicar Curate Transportation. or Officiating Minister of any parish or chapel, who shall discover any Persons comerror to have been committed in the form or substance of the entry in the mitting acciregister book of any such baptism burial or marriage respectively by him dental errors solemnized, shall be liable to all or any of the penalties herein-men- not affected, if tioned, (2) if he shall within one calendar month after the discovery of duly corrected such error, in the presence of the parent or parents of the child whose according to baptism may have been entered in such register, or the parties married, truth of case. or in the presence of two persons who shall have attended at any burial, or in case of the death or absence of the respective parties aforesaid, then in the presence of the churchwardens or chapelwardens, (who shall respectively attest the same) alter and correct the entry which shall have been found erroneous, according to the truth of the case, by entry in the margin of the book wherein such erroneous entry shall have been made, without any alteration or obliteration of the original entry, and shall sign such entry in the margin, and add to such signature the day of the month and year when such correction shall be made: provided also, that in the fair copy of the registers respectively which shall be transmitted to the registrars of the dioceses, the said Rector Vicar Curate or officiating Minister shall certify the alterations so made by him as aforesaid. XVI. Provided always, That nothing in this Act contained shall in Fees heretofore any manner diminish or increase the fees heretofore payable or of right payable due to any minister for the performance of any of the before-mentioned duties, or to any minister or registrar for giving copies of such regis- Proviso for. trations, but that all due legal and accustomed fees on such occasions, and all powers and remedies for recovery thereof, shall be and remain as though this Act had not been made. XVII. Provided also, and be it enacted, That no duplicate or copy of Copy of Regisany register of baptism marriage or burial, made under the directions ter Books not and for the purposes of this Act, shall be chargeable with any stamp subject to duty thereon any Act now in force to the contrary thereof in any wise stamp duty. notwithstanding. Application of XVIII. And be it further enacted, That one half of the amount of all fines or penalties to be levied in pursuance of this Act shall go to the Penalties. person who shall inform or sue for the same; and the remainder of such fines as shall be imposed on any churchwarden or chapelwarden shall go to the poor of the parish or place for which such churchwarden or chapelwarden shall serve; and the remainder of such fines as shall be imposed on any Rector Vicar Minister or Curate or Registrar, shall be paid and applied to such charitable purposes in the county within which the parish or place shall be as shall be appointed and directed by the Bishop of the diocese. (S.) XIX. And be it further enacted, That the Rector Vicar Curate or List of extant officiating Minister of every parish and chapelry in England, whether Register Books subject to the ordinary peculiar to other jurisdiction, shall transmit to transmitted to the registrar of the diocese in which the parish or chapelry shall be Registrar before situated, before the first day of June one thousand eight hundred and first of June thirteen, a list of all registers which now are in such parish or chapelry 1813. respectively, stating the periods at which they respectively commence and terminate, the periods (if any) for which they are deficient, and the places where they are deposited. XX. And be it further enacted, That all and every the Provisions Act to extend in this Act shall extend, so far as circumstances will permit, to cathe- to Churches and Chapels not parochial. (2) There are no penalties, except the felonies for wilful acts in the preceding Section. See Note to Sec. 18. (3) This Section affords a singular instance of inadvertence in the composition of Acts of Parliament, there being no fines or penalties to which the Provision can be applied. 52 Geo. III. c. 146. No. XXXV. dral and collegiate churches and chapels of colleges or hospitals, and the burying grounds belonging thereto; and to the ministers who shall officiate in such cathedral or collegiate churches and chapels of colleges or hospitals and burying grounds respectively, and shall baptize marry or bury any person or persons, although such cathedral or collegiate churches or chapels of colleges or hospitals, or the burying grounds belonging thereto, may not be parochial, or the ministers officiating therein may not be as such parochial ministers, and there shall be no churchwarden or churchwardens thereof; and in all such cases the books hereinbefore directed to be provided, shall be provided at the expence of the body having right to appoint the officiating minister in every such cathedral or collegiate church or chapel of a college or hospital'; and copies thereof shall be transmitted to the registrar of the diocese within which such cathedral or collegiate church or chapel of a college or hospital shall be by the officiating minister of such church in like manner as is herein directed with respect to parochial ministers, and shall be attested by two of the officers of such church college or hospital, as the the copies of parochial registers are herein directed to be attested by churchwardens: Provided always, that nothing in this Act contained shall extend to repeal any provision contained in an Act passed in the twenty-sixth year of the reign of his late Majesty King GEORGE the Second, intituled, An Act for better preventing Clandestine Marriages. (4.) (4) It would be desirable to make some provision for the authentic registration of births, deaths, and marriages, which, by reason of dissent from the Established Church, are not included in the purview of this Act. The duty formerly imposed upon baptism, &c. was in this respect useful, although on other accounts properly repealed There are some very judicious provisions respecting registry in the Code Napoleon, under the title "Acts of Civil State." Great attention was paid to public registers in France previous to the Revolution. SCHEDULES to which this Act refers. 1. BAPTISMS solemnized in the Parish of St. A. in the County of B. in the SCHEDULE (B.) 1. MARRIAGES solemnized in the Parish of St. A. in the County of B. in the Year One Thousand Eight Hundred and Thirteen. BURIALS in the Parish of 4. in the County of B. in the Year I and Ireland, SCHEDULE (D.) do hereby certify, that I did on the day of baptize according to the Rites of the United Church of England his Wife, by the Name of I Son (or Daughter) of aged and day of was buried in [stating the Place of Burial] and that the Ceremony of Burial was performed according to the Rites of the United Church of England and Ireland, by me, To the Rector [or, as the case may be] of A. B. SCHEDULE (E.) To the Registrar of the Diocese of at Churchwardens (or Chapelwardens) of the Parish (or Chapelry) of [or such other description as the Case shall require.] 43 G. III. c. 84. [ No. XXXVI. ] 53 Geo. III. c. 149.-An Act for the [Repealed by 57 Geo. 3. c. 149. infra.] [ No. XXXVII. ] 54 Geo. III. c. 175.-An Act to explain and amend several Acts relating to Spiritual Persons holding of Farms, and for enforcing the Residence of such Persons on their Benefices in England for One Year, and from thence until Six Weeks after the Meeting of the then next Session of Parliament.* [30th July, 1814]. 54 G.III.c.175. WHEREAS an Act was passed in the forty-third year of the reign of his present Majesty, intituled An Act to amend the Laws relating to Spiritual Persons holding of Farms, and for enforcing the residence of Spiritual Persons on their Benefices in England: And whereas certain of the provisions of the said Act have been found inconvenient; and it is expedient that the said Act be amended, and that further provision be made for the better carrying into execution the purposes thereof: And whereas it is also expedient to amend certain provisions contained in an Act, passed in 21H.VIII.c13 the twenty-first year of the reign of King HENRY the Eighth, intituled Spiritual Persons abridged from taking Pluralities of Livings and from taking of Farms: and also in an Act passed in the last Session, intituled 53G.III.c.149 An Act for the further support and maintenance of Stipendiary Curates; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present parliament assembled, and by the authority of the same, That no action of debt bill plaint or information against any spiritual person, for the recovery of any penalties or forfeitures under or by virtue of the said first recited Act, shall be commenced or filed in any of his Majesty's Courts of Record at Westminster, or the Court of Great Sessions in Wales, until the first day of May after the expiration of the year in which any alledged offence against the said Act shall have taken place. Actions for Pe nalties under first recited Act not to be com menced before 1st May after expiration of the Year. Bishops em powered to punish past Nonresidence. II. And whereas it is expedient that the Archbishops and Bishops of 'their respective dioceses should be further empowered to punish past nonresidence, as well as to compel residence in future;' be it enacted, That in all cases in which any spiritual person shall have become subject to any penalty or forfeiture for any non-residence, it shall be lawful for the Archbishop or Bishop within whose diocese such penalty or forfeiture shall have arisen, to proceed against such spiritual person for such past non-residence; and to levy the penalties incurred thereby under the said first recited Act as amended by this Act, by monition and sequestration, * Continued by the Statutes enumerated below. |