Pagina-afbeeldingen
PDF
ePub

records deposited in the General Register Office pursuant to this Act, and in every case in which the commissioners shall certify to the Registrar General as aforesaid that certain parts only of such registers or records appear to them to be original or authentic, the commissioners shåll refer in the descriptive list or lists, and also in the certificate upon such book or volume, to those parts, in such manner as to identify them to the satisfaction of the Registrar General.

Lists to be made, which shall be open to Search, and certified Extracts had

therefrom.

V. And be it enacted, that the Registrar General shall cause lists to be made of all the registers and records which may be placed in his custody by virtue of this Act; and every person shall be entitled, on payment of the fees herein-after mentioned, to search the said lists, and any register or record therein mentioned, between the hours of ten in the morning and four in the afternoon of every day, except Sundays and Christmas Day and Good Friday, but subject to such regulations as may be made from time to time by the Registrar General, with the approbation of one of her Majesty's principal Secretaries of State, and to have a certified extract of any entry in the said registers or records, and for every search in any such register or record shall be paid the sum of one shilling; and for every such certified extract the sum of two shillings and sixpence, and no

more.

Registers deemed in legal Custody, and shall be receivable in Evidence.

VI. And be it enacted, that all registers and records deposited in the General Register Office by virtue of this Act, except the registers and records of baptisms and marriages at the Fleet and King's Bench prisons, at May Fair, at the Mint in Southwark, and elsewhere, which were deposited in the registry of the bishop of London in the year one thousand eight hundred and twenty-one, as herein-after mentioned, shall be deemed to be in legal custody, and shall be receivable in evidence in all courts of justice, subject to the provisions hereinafter contained; and the Registrar General shall produce or cause to be produced any such register or record, on subpoena or order of any competent court or tribunal, and on payment of a reasonable sum, to be taxed as the court shall direct, and to be paid to the Registrar General, on account of the loss of time of the officer by whom such register or record shall be produced, and to enable the Registrar General to defray the travelling and other expences of such officer.

Fees to be accounted for.

VII. And be it enacted, that every sum received under the provisions of this Act by or on account of the Registrar General shall be accounted for and paid by the Registrar General, at such times as the Commissioners of her Majesty's Treasury of the United Kingdom of Great Britain and Ireland from time to time shall direct, into the Bank of England, to the credit of her Majesty's Exchequer, according to the provisions of an Act passed in the fourth year of his late Majesty King William the Fourth, intituled An Act to regulate the Office of the Receipt of his Majesty's Exchequer at Westminster.

Wilful Injury or Forgery of Registers, Felony.

VIII. And be it enacted, that every person who shall wilfully destroy or injure, or cause to be destroyed or injured, any register or record of birth or baptism, naming or dedication, death or burial, or marriage, which shall be deposited with the Registrar General by virtue of this Act, or any part thereof, or shall falsely make or counterfeit, or cause to be falsely made or counterfeited, any part of any such register or record, or shall wilfully insert or cause to be inserted in any of such registers or records any false entry of any birth or baptism, naming or dedication, death or burial, or marriage, or shall wilfully give any false certificate, or shall certify any writing to be extract from any register or record knowing the same register or record to be false in any part thereof, or shall forge or counterfeit the seal of the said office, shall be guilty of felony.

Extracts from Registers to be stamped with the Seal of Office.

IX. And be it enacted, that the Registrar General shall certify all extracts which may be granted by him from the registers or records deposited or to he deposited in the said office, and made receivable in evidence by virtue of the provisions herein contained, by causing them to be sealed or stamped with the seal of the office; and all extracts purporting to be stamped with the seal of the said office shall be received in evidence in all civil cases, instead of the production of the original registers or records containing such entries, subject nevertheless to the provisions herein-after contained,

Extracts to describe the Register whence taken - Production of Registers shall re sufficient.

X. And be it enacted, that every extract granted by the Registrar Genen from any of the said registers or records shall describe the register or record from which it is taken, and shall express that it is one of the registers or records deposited in the General Register Office under this Act; and the production of any of the said registers or records from the General Register Office, in the custody of the proper officer thereof, or the production of any such cert neu extract containing such description as aforesaid, and purporting to be stamped with the seal of the said office, shall be sufficient to prove that such register record is one of the registers and records deposited in the General Register Office under this Act, in all cases in which the register or record, or any certi fied extract therefrom, is herein respectively declared admissible in evidence. Certified Extracts may be used in Courts of Law and Sessions, upon Netat given.

XI. And be it enacted, that in case any party shall intend to use in evidence on the trial of any cause in any of the courts of common law, or on the beg of any matter which is not a criminal case at any session of the peace in England or Wales, any extract, certified as herein-before mentioned, from any such register or record, he shall give notice in writing to the opposite party, tis attorney or agent, of his intention to use such certified extract in evidence at such trial or hearing, and at the same time shall deliver to him, his attorney of agent, a copy of the extract, and of the certificate thereof; and on proof w affidavit of the service or on admission of the receipt of such notice and copy, such certified extract shall be received in evidence at such trial or hearing, f the Judge or Court shall be of opinion that such service has been made in suffcient time before such trial or hearing to have enabled the opposite party to inspect the original register or record from which such certified extract had been taken, or within such time as shall be directed by any rule to be made as hereinafter provided.

If the Original be used, Notice must nevertheless be given.

XII. And be it enacted, that in case any party shali intend to use in evidence on such trial or hearing any original register or record (instead of such certified extract), he shall nevertheless, within a reasonable time, give to the opposite party notice of his intention to use such original register or record in evidence, and deliver to such opposite party a copy of a certified extract of the entry or entries which he shall intend to use in evidence.

Certified Extracts may be used in Evidence on Examination of Witnesses, or a the hearing of the Cause in Courts of Equity, upon Notice. XIII. And be it enacted, that in case any party shall intend to use in evidence on any examination of witnesses, or at the hearing of any cause in any court of equity, any extract, certified as herein-before mentioned, he shall, ten clear days at the least before publication shall pass in any cause where po commission has issued for the examination of the witnesses of the party intending to give such evidence, or where such commission shall issue then seven clear days at the least before the opening of such commission, deliver to the

erk or clerks in court of the opposite party or parties a notice in writing of s intention to use such certified extract in evidence on the examination of itnesses or at the hearing of the cause (as the case may be), and shall at the me time deliver to the clerk or clerks in court of the opposite party or parties a py or copies of such extract, and of the certificate thereof, and thereupon ich certificated extract shall be received in evidence; provided that at the earing of the cause the service of such certiñed copy and notice be admitted · proved by affidavit.

If the Original be used, Notice must nevertheless be given.

XIV. And be it enacted, that in case any party shall intend to use in evience, on such examination or hearing in any court of equity, any original egister or record (instead of such certificated extract), he shall nevertheless, within the number of days herein-before respectively mentioned, deliver to the lerk or clerks in court of the opposite party or parties a notice of his intention o use such original register or record in evidence, together with a copy of a ertified extract of the entry or entries which he shall intend to use in evidence. Certified Extracts to be used in interlocutory Proceedings, and in the Master's Office.

XV. And be it enacted, that in case any party shall intend to use in evilence, upon any petition, motion or other interlocutory proceedings in any court ofequity or in the Master's Office, any extract, certified as hereinbefore mentioned, he shall produce to the Court or Master (as the case may be) an extract, certified as herein before mentioned, accompanied by an affidavit stating the deponent's belief that the entry or entries in the original register or record is correct and genuine.

Certified Extract to be used in Ecclesiastical Courts; and the Judge may order the Production of the Original.

XVI. And be it enacted, that in case any party shall intend to use in evidence in any Ecclesiastical Court, or in the High Court of Admiralty, any extract, certified as herein-before mentioned, he shall plead and prove the same in the same manner to all intents and purposes as if the same were an extract from a parish register, save and except that any such extract, certified as hereinbefore mentioned, shall be pleaded and received in proof without its being necessary to prove the collation of such extract with the original register or record: provided always, that the Judge of the Court, on cause shown by any party to the suit (or of his own motion when the proceedings are in panam), may, after publication, issue a monition for the production at the hearing of the cause of the original register or record containing the entry to which such certified extract relates.

In Criminal Cases the Originals to be produced.

XVII. And be it enacted, that in all criminal cases in which it shall be necessary to use in evidence any entry or entries contained in any of the said registers or records, such evidence shall be given by producing to the court the original register or record.

Rules to be made to regulate the Practice as to Admission of Registers. XVIII. And be it enacted, that at any time within three years from the passing of this Act such rules may be made, by the authority herein-after specified, for regulating the mode of reception of the said registers or records, or certified extracts therefrom, in evidence in the courts herein-after mentioned, and for regulating the notice herein-before directed to be given, and the costs of producing such registers or records or extracts, as shall seem expedient, which rules, orders, and regulations shall be laid before both Houses of Parliament, and shall take effect within six weeks after the same shall have been so laid before Parliament, and shall thereupon be binding and obligatory upon the said courts respectively, and be of the like force and effect as if the provisions contained therein had been herein expressly enacted.

Who shall make such Rules.

XIX. And be it enacted, that such rules shall be made for the High Court of Chancery by the Lord High Chancellor and the Master of the Rolls, and for the Courts of Queen's Bench, Common Pleas, and Exchequer, by eight or more Judges of the last-mentioned courts, of whom the chiefs of each of the last-mentioned courts shall be three, and for the High Court of Admiralty by the Judge of the Court of Admiralty, and for the Ecclesiastical Courts in England and Wales by the Official Principal of the Court of Arches, with the Chancellor of the Diocese of London, or with the Commissary of the Diocese of Canterbury.

Fleet and May Fair Registers, &c.

XX. And be it enacted, that the several registers and records of baptisms and marriages performed at the Fleet and King's Bench Prisons, at May Fair, and at the Mint in Southwark, and elsewhere, which were deposited in the Registry of the Bishop of London in the year one thousand eight hundred and twenty-one, by the authority of one of his late Majesty's Principal Secretaries of State, shall be transferred from the said registry to the custody of the Regis trar General, who is hereby directed to receive the same for safe custody: provided nevertheless, that none of the provisions herein-before contained respecting the registers and records made receivable in evidence by virtue of this Act shall extend to the registers and records so deposited in the registry of the Bishop of London in the year one thousand eight hundred and twenty-one as aforesaid.

Act may be amended this Session.

XXI. And be it enacted, that this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

An Aot to provide for the Solemnization of Marriages in the Districts in or near which the Parties reside.

Certificate of Notice not to be granted for Marriage out of the District where the Parties dwell, except as herein-after enacted.

Whereas by an Act passed in the fourth year of the reign of King George the Fourth, intituled "An Act for amending the Laws respecting the Solemniza tion of Marriage in England," it is provided, that in all cases where banns shall have been published, the marriage shall be solemnized in one of the parish churches or chapels where such banns shall have been published, and in no other place whatsoever: and whereas by an Act passed in the seventh year of the reign of his late Majesty, intituled An Act for Marriages in England, provision is made for marriages intended to be solemnized in England, after notice given, according to the forms authorized by the last-recited Act, which Act has been explained and amended by an Act passed in the first year of the reign of her present Majesty: and whereas it is expedient to restrain marriages under the said Act of his late Majesty from being solemnized out of the district in which one of the parties dwells, unless either of the parties dwells in a district within which there is not any registered building, wherein, under the provisions of the said Act of his late Majesty, as explained and amended by the said Act of her present Majesty, marriage is solemnized according to the form, rite, or ceremony the parties see fit to adopt: be it therefore declared and enacted by the Queen'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 it is not and shall not be lawful for any Superintendent Registrar to give any certificate of notice of marriage where the building in which the marriage is to be solemnized, as stated in the notice, shall not be within the district wherein one of the parties shall have dwelt for the time required by the said Act of his late Majesty, except as herein-after is enacted.

In what Case Marriage may be solemnized out of the District in which the Parties dwell.

II. And be it enacted, that it shall be lawful for any party intending marriage under the provisions of the said Act of his late Majesty, in addition to the notice required to be given by that Act, to declare at the time of giving such notice, by indorsement thereon, the religious appellation of the body of Christians to which the party professeth to belong, and the form, rite, or ceremony which the parties desire to adopt in solemnizing their marriage, and that, to the best of his or her knowledge and belief, there is not within the district in which one of the parties dwells any registered building in which marriage is solemnized according to such form, rite, or ceremony, and the district nearest to the residence of that party in which a building is registered wherein marriage is so solemnized, and the registered building within such district in which it is intended to solemnize their marriage; and after the expiration of seven days or tweny-one days, as the case may require, under the said Act of his late Majesty, it shall be lawful for the Superintendent Registrar to whom any such notice shall have been given to issue his certificate, according to the provisions of that Act; and after the issuing of such certificate the parties shall be at liberty to solemnize their marriage in the registered building stated in such notice: provided always, that after any marriage shall have been solemnized it shall not be necessary in support of such marriage to give any proof of the truth of the facts herein authorized to be stated in the notice, nor shall any evidence be given to prove the contrary in any suit touching the validity of such marriage,

Form of Notice.

III. And be it enacted, that the additional notice herein-before authorized to be given may be according to the form in the schedule to this Act annexed, or to a like effect.

Persons making false Declarations guilty of Perjury.

IV. And be it enacted, that every person who shall knowingly and wilfully make any false declaration under the provisions of this Act, for the purpose of procuring any marriage out of the district in which the parties or one of them dwell, shall suffer the penalties of perjury: provided always, that no such prosecution shall take place after the expiration of eighteen calendar months from the solemnization of such marriage.

Provision as to Marriages of Members of the Society of Friends, and Jews. V. Provided always, and be it enacted, that, notwithstanding any thing herein or in the said recited Acts or either of them contained, the Society of Friends commonly called Quakers, and also persons professing the Jewish religion, may lawfully continue to contract and solemnize marriage according to the usages of the said society and of the said persons respectively, after notice for that purpose duly given, and certificate or certificates duly issued, pursuant to the provision of the said recited Act of his late Majesty, notwithstanding the building or place wherein such marriage may be contracted or solemnized be not situate within the district or either of the districts (as the case may be) in which the parties shall respectively dwell.

Act may be amended this Session.

VI. And be it enacted, that this Act may be amended or repealed by any Act to be passed in this present session of Parliament.

The Schedule to which the Act refers.

I, the undersigned and within-named James Smith, do hereby declare, that I, being [here insert, a Member of the Church of England, a Roman Catholic, Independent, Baptist, Presbyterian, Unitarian, or such other description of the religion of the party], and the within-named Martha Green, in solemnizing our intended marriage, desire to adopt the form, rite, or ceremony of the [Roman

« VorigeDoorgaan »