Registration Act 1855 No 34a (NSW)

No. XXXIV.

Hegisteatiok.

An Act for registering* Births Deaths and

Marriages. [3rd December, 1855.]

Presmlile,	TTTITEREAS it is expedient to provide Lettei’ means for registering
V V
Births Marriages and Deaths in the Colony of New South "Wales B(* it therefore enacted by His Excellency the Governor of Ntuv' South "Wales hy and Avith the advice and consent of the Legislative Council thereof as follows :—

Construction of

terms.

1. The words in the first column of the Schedule hereto marked A whenever used in this Act shall respectively hear the meanings expressed and set against them respectively in the second column of the same Schedule.

General Registry

Office.

2. The Governor may establish by notice in the Gazette an

office in the City of Sydney for registering all births marriages and

di'aths in the Colony to he called the “ General Begistry for New

Registrar General.

Soutli Wales” and may appoint a fit person to he called the “ Begistrar

General” for performing the duties hy this Act imposed upon him.

1855. VIC. No. 34. 3007

Registration.

3. The Governor with the advice of the Executive Council may Registry Districts,

for the purposes of this Act by Proclamation in the Gazette at any time before the first day of March next divide the Colony into such and so many llegistry districts as he shall think fit one of them being the llegistry District of Sydney and may in like manner hy any sub­ sequent Proclamation from time to time alter such division. ■

4. The Governor may from time to time apjooint such persons District Registrars,

as he shall think fit to he District llcgistrars and Assistant ]3istrict Ilegistrars for such Districts respectively except for the District of Sydney the ofiice of District llcgistrar for which shall merge and he vested in the Ilegistrar General.

5. In case of unavoidable absence of the Ilegistrar General or ^’'̂ stitutca on iiiucss

of any District Ilegistrar from illness or other cause the Governor ‘

may apj)oint hy writing under his hand to he notified in the Gazette

a fit person to act in his stead who sliall while so acting have all the

powers and duties and he subject to all the provisions and ])cnaltics of

and affecting the llcgistrar General or District Ilegistrar as the case

may be.

6 . The Eegistrar General may subject to the approval of the Regulations.

Governor and Executive Council make regulations from time to time for the management of the General llegistry and to he observed hy the District Ilegistrars and such regulations Avhen so approved shall be published in the Gazette and he thereupon as binding on all per­ sons affected thereby as if they formed part of tbis Act.

7. Tbc Ilegistrar General and every District Ilegistrar shall for tbe duties to bo performed under tliis Act or the Act of this Session for regulating marriages respectively receive the several fees specified in the Schedule hereto marked B and all such fees to he retained by such District Ilegistrars for their OAvn use except the fees paid to the llcijistrar General or in his office which shall he accounted for and paid by bim respectively to Her Majesty.

8. Tbe Ilegistrar General shall from time to time at the public Form of registration,

expense furnisb to every District llcgistrar books for tbc registry therein of births marriages and deaths and forms for certified copies thereof respectively and also to every officiating Minister duly regis- tertxl as sucli a sufficient number in duplicate of marriage registry books and forms and every District llcgistrar shall inform himself carefully of every birth marriage and death happening within his district and shall as soon as possible after the event without fee or reward register the same respectively and the particulars thereof in such books according to tbe respective forms contained tberein or so furnisbed to bim—every entry to be made in order from tbe beginning to tbc end of tbc book and every sucb book to be paged consecutively.

9. Every District Ilegistrar shall in tbe months of April July Returns to General

Octol)cr and January in each year transmit to the General Begistry copies of the registers of births marriages and deaths made in his office during the three months next preceding and all such copies shall be thereafter kept in the General llegistry in such order and manner as the llcgistrar General shall think fit so that the same may be most readily seen and examined.

10. Tbe llcgistrar General shall cause a seal or stamp to be seRs uf uffic.-.

made for tbe General Begistry and for each District Begistry Office and tbe Begistrar General and District Ilegistrars respectively shall sign and cause to b(! scaled or stamped tbcrcwitb all certificates or certified copies given in their respective offices and all certificates or certified copies so scaled shall be received in all Courts of Justice as evidence of the birth marriage or death to Avbich the same relate and of tbe other particulars therein recorded without further proof of such matters and every certificate of the Begistrar General that any original

3 X — VOL. 1. register

3008	No. 34.	19̂ VIO.	1855.
llegistmtion.

register of birtlis marriages or deaths for any specified period and for any particular district is lost or destroyed sliall be received in any Court of Justice as conclusive evidence of that fact.

Registration of

Ministers for

11. The Registrar General upon receiving a requisition in writing in the name of any Minister of Religion and ordinarily officiating as such under the hand of such Minister or of the head of the denomination to which he belongs such writing specifying his religious denomination and designation and his residence and desiring that ho may ho registered as a Minister for celebrating marriages within the Colony sliall forthwith without fee or reward register the name of such Minister with the foregoing particulars in a register hook to he kept hy him expressly for that purpose.

marriages.

Cliangcs of Minis­

ter’s resilience.

12. Whenever any Minister so registered shall cease to reside in the Registrar’s District within which his registered or last registered residence was situated or shall not he properly designated hy the name or description so registered he shall within three months next following cause his name and new residence or designation (as the case may he) to he registered anew with the Registrar General or in default thereof such Minister shall not he deemed registered according to the aforesaid Act for regulating marriages.

I’liblication of

Ministers’ names.

13. The Registrar General sliall publish in the Gazette within one mouth after receiving the same tlie name of every officiating Minister which shall have been sent to such Registrar General in the manner and containing the particidars in that behalf aforesaid and which shall have been hy him registered accordingly.

Annual publication

of names.

If . The Registrar General shall also in the month of January in each year publish in the Gazette the names of all the Ministers then duly registered in his office with their designations denominations and residences distinguishing the Registry Districts within which such residences arc situated respectively and every such annual publication shall he i)rimd facie evidence in all Courts of Justice that the persons therein named and no others were then ordinarily officiating and duly registered Ministers of Religion for the celebration of marriages.

When names to be

omitted.

15. Whenever the Registrar General shall know that any registered Minister is dead or has left the Colony or resides in another district than the one within which he was last registered as residing or has ceased ordinarily to officiate as a Minister he shall omit the name of such Minister from the next annual publication of the names of registered Ministers.

rersons pretending

to be Ministers.

IG. If any person shall cause his name to he registered under this Act as an ordinarily officiating Minister of Religion lie being at the time not such a Minister and knowing himself not to be such ho shall ho deemed guilty of a misdemeanor and he liable on conviction to such fine (not exceeding two hundred pounds) or imprisonment not exeeeding two years as the Court may award.

Ofnci.ating Minister

and District Regis-

17. I t shall he lawful for any “ Officiating M inister” or married the several particulars required to he registered touching any such marriage and for any District Registrar to ask of any person seeking to register any birth or death any of the particulars hereby required to be registered.

inquiries regarding

tr.ars may make

“ District Registrar” to ask of any person married or about to he

marriages.

General Registry

Indexes.

18. The Registrar General shall cause indexes of the several

District Registries and of his own register for the District of Sydney

and also one general index of all the births marriages and deaths in

District Registry

Indexes.

the Colony to be made and kept in the General Registry and every District Registrar shall cause indexes of his register books to he made and kept in his office.

registers signed by

Certified copies of 19. Certified copies of registers or of entries of registers made

the Registrar or given by the Registrar General or any Deputy Registrar and

■ purporting

1855.	19° VIO.	No. 34.	3009
Registration.

purporting to be signed by such otiicers respectively shall be received General m- any

ViS. primd facie evidence in any Court of Justice within the said

Colony of the fact of the birth death or marriage to which the same jermii/<xcw evidence.

relates Provided that no entry of the register of any death shall he

received as evidence of the fact of such death unless there shall also

be an entry of the register of the hurial.

20. Every person on payment of the specified fees mentioned Searoiioa and copies,

in that behalf in Schedule B and giving in a written memorandum of the particular entry which he desires to find or search for shall be entitled at reasonable hours to bo fixed by the regulations hereinbefore mentioned to search any of such indexes and also the several registers or books in which such entry shall appear to be and also to have a copy of any entry in any such book certified by the Ilegistrar General or District Begistrar as the case may be.

21. In each case of the birth of any child in the Colony the parent shall within sixty days and in each case of the death of any person the tenant of the house or place shall within thirty days next thereafter respectively inform the District Begistrar of such birth or death and of all the particulars concerning the same according to the forms of registration hereinbefore referred to.

22. After the expiration of sixty days following the birth of Limit of time for

any child in the Colony it shall not be lawful for any District Begis- trar to register such birth unless some person present thereat or the parent shall at some time within six months next after the birth make a solemn declaration according to the best of his knowledge and belief subject in case of wilful falsehood therein to the penalties of perjury of the particulars as hercinhefore mentioned whereupon the District Begistrar may and shall register such birth.

23. In every case of the arrival in the Colony of a child under the age of eighteen months horn at sea or in any place out of the Colony whoso parents arc about to take up their abode therein the District Begistrar shall upon a solemn declaration by the parent of the particulars so required as aforesaid subject in case of Avilful false­ hood therein to the penalties of perjury register the birth together

with such particulars. _

21. I t shall not be lav/ful for any District Begistrar to register Fmtiicr limitation of

the birth of any child after the expiration of six months following such birth if in the Colony or after the arrival therein of the child if born at sea or out of the Colony and no register or certified copy of a register of birth made contrary to this provision shall bo received in evidence to prove the birth of any child.

25. If any child Avhose birth shall have been registered shall Registrationofname,

at any time afterAÂ ards have any name duly given to it the parent

shall Avithin seven days next thereafter procure and deliver to the District Begistrar in Avhose custody the register of the birth of such child may then happen to be a certificate according to the form in the Schedule hereto marked C signed by the Minister or other person Avho shall have given such name Avhich certificate such Minister or other person is hereby required to deliver Avhcnc er demanded on payment to him of the fee of one shilling and the District Begistrar upon receipt of such certificate shall Avithout any erasure of the original entry fortliAvith register therein that the child Avas baptized by such name or had such name given to it and shall thereupon certify upon the said certificate the additional entry so made.

26. All masters or commanders of British vessels or of any Masters of British

to the Ilcalth Officer ol' the port or if the',re be no Health Officer to the ihrtus ami deaths Colonial vessel sliall on arrAal in any port in the said Colony furnish shall have occurred on board such vessel Avhile at sea according to the

. forms

3010 No. 34. VIC. 1855.

Registration.

forms in the Schedules hereto annexed marked D and E the said forms on being required so to do hy any such master or commander to he supplied to liim hy such Health Officer or Officer of Customs.

Compulsory rcf;iS'	27. Nothing herein contained as to the compulsory registration of births shall extend to any child horn before the commencement of this Act hut the parent may require the birth to be registered under tlie like provisions as are hereinbefore contained as nearly as may he and the District Ilegistrar shall register the same accordingly.
spcctivo.
Finding of child or
body.	28. In case any new-born child or any dead body shall be found exposed the Constable in case of a new-born child and the Coroner or if none such the nearest Justice of the; Peace in the case of a dead body shall forthwith inform the District llcgistrar thereof and of the place Avhcrc such child or dead body was found and where an inquest
Notice of Inquest.	or Magisterial inquiry shall he held on any dead body the Coroner or Magistrate' (as the case may he) shall notify to the District Ilegistrar the verdict of the Jury or the opinion of such Magistrate with all other particulars required to be registered concerning the death and such Ilegistrar shall make the entry accordingly.
Certificates of deaths
and burials.	29. Every District Eegistrar immediately upon registering any death or as soon thereafter as he shall be required so to do shall without f('o or rcAvard deliver to the undertaker or other person having charge of the funeral a certificate under his hand according to the form in the Schedule hereto marked E that such death has been duly registered and such certificate shall he delivered by such undertaker or other person to the Minister or officiating person who shall ho required to bury or perform any religious service for the hurial and if any d('ad body shall he Iniricd for which no certificate shall have been so delivered the person Avho shall bury the same or perform any funeral or religious service for the hurial or Avho shall in any other Avay disjiosc of the body shall fortliAvith give notice of the facts to the District Ilegistrar Provided ahvays that the Coroner or Magistrate holding any inqu(;st or inquiry upon any dead body for Avhich no cer­ tificate shall have been delivered as aforc.'said may order the body to be buried if he shall think fit before registration and shall in such case give a certificate of his order in Avriting under his hand according to the form in the Schedule hereto marked G to such undertaker or other person haAung charge of the funeral—and every undertaker or other person Avho shall bury or othcrAvise dispose of any dead body shall forthAvith cause to be transmitted to the District llcgistrar a certificate thereof in the form or to the effect set forth in the Schedule hereto marked II countersigned by tAvo respectable householders.
Clerical fees not
prejudiced.	30. Nothing herein contained shall affect the right of any officiating IMinister to receive the fees noAV usually paid for the per­ formance of any religious rite of baptism marriage or burial.
dental errors.

tration not rutro-

Correction of acci­ 31. Any person charged Avith the duty of making entry in

the riigister of any birth marriage or death Avho shall discover any error to have been committed in the form or substance of such entry shall not be liable to any penalty on account thereof if Avithin one month next after the discovery of such error in the presence of the parent in any case of birth or of cither of the parties in the case of a marriage or of the tenant in the case of a death or in any of such cases respectively in presence of the District Ilegistrar he shall truly correct the error by making and signing a ncAV entry in the margin Avithout altering the original entry adding the date of such correction Provided that in every such case he shall make the like alteration in the certified copy of the register to he made by him as aforesaid or if such certified copy shall liavc been already made shall then make and deliver a separate certified copy of the original erroneous entry and of the new and correct marginal entry.

1855.	19'̂ VIC.	No. 34.	3011
Hcgistratio7i.

32. Every person who sliall offend against this Act by refusing rcnaity on certain

or neglecting to give any notice or information rctiuircd hy any of the foregoing sections or hy knowingly registering any hirth or dcatli contrary to the provisions of any of the said sections shall for every such oftence forfeit a sum not exceeding ten pounds,

33. Every District Eegistrar who shall refuse or without ivnaiticg on District

rcasonahle cause omit to register any hirth marriage or death of which	'̂ ''̂ trars.
he shall liavc had due notice as aforesaid and every person having the custody of any register hook or certified copy thereof or of any part thereof wlio shall negligently lose or injure the same or negligently allow the same to he injured whilst in his keeping shall forfeit and pay a sum not exceeding twenty pounds for every such offence.

3d. Every person who shall wilfully make or cause to he made rnnisimient tor false

for the purpose of heing inserted in any rt'gistcr of hirtlis marriages or deaths any false statement touching any of tlie particulars herein required to he known and registered shall he guilty of a misdemeanor and on conviction thereof ho subject to fine not exceeding tivo hundred pounds with or without imprisonment with hard labor for any term not exceeding three years.

35. Every person who shall wilfully destroy or injure or cause Pimishinent for

to ho injured or destroyed any such register hook or any part or '"j"''' “'S‘stci3.

certified (’opy of any part thereof or shall falsely make or counterfeit

or cause to he falsely made or counterfeited any part of any such

register hook or certified copy thereof or shall wilfully insert or cause

to he insi'rted in any register hook or certified copy thereof any false

entry of any hirth marriage or death or shall wilfully give any false

certificate or shall certify any writing to he a co])y or extract of any

register hook knowing the same register to he false in any part thereof

or shall forge or counterfeit the signature or seal or stamp of the

ilegistrar General or any District llcgistrar or any impression thereof

shall ho guilty of felony and on conviction shall he liable at the dis­

cretion of the Court to hard labor on the roads or public works for

any term not exceeding five years or to any fine not exceeding five

hundred pounds or to imprisonment not exceeding three years with

or without hard labor.

3G. All fines forfeitures and penalties hy this Act imposed Kecovory of

unless otherwise provided shall he recovered before any two Justices of the Peace or Police Magistrate in a summary way upon the com­ plaint of any person.

37. All fines and penalties and all fees paid to the Eegistrar Application of

General under this Act shall he paid to Her Majesty for the public uses of the Colony and in support of the Government thereof.

38. So far as respects the appointments to he made hy the Coramoncemont of

Governor and all enactments relating to the registry of Ministers and the providing of hooks and forms this Act shall take elfcct on the day of the passing thereof and as to all other matters on the first day of March next.

SCHEDULE

3012	No. 34.	lO'’ VIC.	1855.
JRegistmtion.

SCHEDULE A.

W o r d s . Me a n in g s .

Gazelle .................	The New South Wales Government Gazette.
Gazetted.................	Published in ditto.

Parent ............... . Father or if dead or absent the Mother or Guardian.

Tenant ................. Principal occupier for the time being of any dwelling-house or tenement and in the case of a gaol prison house of cor­ rection hospital lunatic asylum or other public or charitable institution the head officer or person in actual charge thereof.

Constable ........... . Chief or Head Constable of the District.

Seal .................... Any seal stamp or die caused to be made by the Eegistrar

General.

District Eegistrar Any District Eegistrar or Assistant District Eegistrar.

SCHEDULE B.

Every search in any Inde.x (to be paid beforehand)...	Five shillings.
Every certified copy of any entry (payable on delivery)	Two shillings.

Every certified copy of any birth or death . .. ... Two shillings.

Ditto of any marriage . .. . .. . .. ... Two shillings.

Every marriage performed by Eegistrar . . . ... Twenty shillings.

SCHEDULE C.

I A. B. [of ] do hereby certify that I have this day baptized

by the name of Thomas [or that the name of Thomas hath this day been given to] a male child produced to mo by William Green as the son of William Green and Rchccea Green

and declared by the said William Green to have been born at on the

day of 18

Witness my hand this day of 18

Signature.

SCHEDULE

SCHEDULE D.

GO Cl

MARINE REGISTER OF BIRTHS. Ol

185 . h Registered by C H A R L E S T H O M S O N

BIRTHS on board tbe Ship (^Marco Polo) sailed from (the Port o f Liverpool) on the (Nineteenth') day of (JIarch 185 ) Captain or

and arrived at (Hobson’s B a f) on the (Tenth) day of (H ay 185 ). 3 Officer in Charge. Captain.

CHILD. UAREXTS. IXFORilAM'S. REGISTRATION'. WITNESSES.

Father. JICTHER.

Surname of Mother.	Residence of Infor­
Signature Descrip­
tion and former

(1) -Accoucheur by

When Registered

and where.	Captain or Master.
Signature of the

Ko. ■̂’hen Born and

Name if added

(1) Xame and Jfaiden

Name.	Sex.	(1) Xame and Surname.
of the Father
Bank or Profc.ssion

whom certified and

latitude and

(2) Age	living and deceased.
(1) When and irhorc
JlarrioJ. (2) L'.5uo (2) Age and (3) Birth

after Registration

(2; Signatures of

longitude.

of Birth

mants.

Witnesses.

and (3) Birth Place. Place.

1 Twenty-seventh Frederick Boy. Alfred Vaughan Twenty-tliird Elizabeth Ann Allred Vaughan Thirtietli April Charles Thomson Alexander

AprillS.t . Charles. Solicitor. June 184 . formcrh' Beaumont Father 16.5 . Captain. Hamilton oo

25 N. latitude. 37. Canterbury late Scott. Dover on hoard the ship Surgeon. <S;.

27 W. longitude. Ash next Sandwich Charlotte 3 32. Kent. M arco Polo. Oo

Kent. George 1 Asliford < 1

Both living. Kent. h-1 O

SCHEDULE E.

3IARINE REGISTER OF DEATHS.

185 . 3 Registered hy H A V ID A P P L E T O N

DEATH S on board the (Barque Constantine) sailed from (the Port o f Liverpool) on the (Seventeenth) day of (January 185 ) [• Captain or

and arrived at (Hobson’s Bay) on the (Tenth) day of (May 185 ). ) Officer in Charge. Capitain.

DESCRIPTION. (1) Cause of Death. BURIAL, IF DECEASED WAS MARRIED.

(2) Duration of last Signature of Captain

Illness. Name and surname or Master. p

When Died Sex (3) Medical Attendant of Father and Signature description and Date and where , Name and religion of W'here Where and what Issue in order of

X 1 whom Certified former residence of Rpgi«tErer1. : When

Mother if known with

No*	and	Surname
Rank or and (I) V.'hcn he last saw

and	rank or profes.sion.	InlL-rmaut and Witness.	(Latiiudeand
Longitude).

i

, buried. Minister or names of uOi'U . A g e birth their names CO

Profession. Deceased.

lat. and long. Age, Witnesses of Burial. and to whom. and ages.

TJl

o H enry................13

1=̂ 1 23rd April George Male (1) Typihus Fever. Henry Ashdown. Margaret Aslidown Pavid Appleton ̂ 24th Augustus Bloorafield Bristol. Bristol. Margaret........... 11

td 18.3 . Ashdown 37 (2) 14 days. Mary Ashdown. Widow of deceased Captain. j April IndcjfGndciit Minister. Twenty-two years. Mary ............... 9

.34 S. lat. carpenter. years. (3) Archibald Ogilvie. Wheelwright, Bristol. 24th April IS .j .! 185 . Jonas Carter Margaret Bennett.

W George.............. 3

10 E.long. (4) Twenty-second r.atrick 5IcDougal Lat. 1 Ship Carpenter. Two dead GO

April i853. Seaman Buhlin. Long. I One hoy O

s Oue girl.

3014	No. 35.	19° VIO.	1855.
Immigration.

SCHEDULE E.

I A. B. Registrar of Births and Deaths in the District of do

hereby certify that the death of Robert Taylor was duly registered by me on the

day of 18 .

Witness my hand this day of 18 .

[Signed] A. B. District Registrar.

SCHEDULE G.

I A. B. Coroner for the District uf [or Justice of the Peace of ] do

lierehy order the burial of the body now shewn to the Inquest Jury [or to me] as the body

of Thomar Jones.

Witness my hand this day of 18 .

A. B. Coroner

or

J.P. [as the case may ho ]

SCHEDULE H.

I A. B. of undertaker do hereby certify that the body of [C. D.]

was on the day of 185 duly buried at and in

presence of the undersigned.

Witness our hands this day of 185 .

[Signed] A. B. Undertaker.

[Countersigned]

I Householders.