Registration of Births and c Act 1842 (SA)

AN ACT for Registering Births, Dhaths, and Marriages in the

I	Province of South .#ustraZia.	+
i

birthS and marriages.

HEREAS it is expedient to proiide the means for a register

of the births deaths and rnn&ages of Her Majesty's sub-

jects in the Province of South Australi4c-.

Be it therefore Enacted by his ~ x c e $ c n c ~ George Grey Esquire

Governor and Commander-in-chief of u e r Majesty's Province of South Australia by and with the adviw and consent of the Legis- lative Council thereof as follows that is $0 say-

I. That it shall be lam-ful for the ~bvcrnor to provide a proper A register of birth8

office in Adelaide in connexion with b e general registry depart- to be kept at the deaths and maniagee

merit for keeping a register of dl birt& deaths and marriages of General Kagistw Her Majesty7s subjects in the Province of South Australia and the Office. The Registrar Gene:al to be Regis-

Registrar Geueld ddl by virtue of his *office be the Registrar of of has deaths

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2

births deaths and mmia&s and cxerciae the several duties by tllii

Act appointed to bc exerabed by sucli Registrar,

Fees to be levied by

Registrars u d c r this TT. And be it Enacted*' That the Registrar a id the Deljut,

and the Actregulating	Registrars to be appoint4 as hereinafter mentioiied s l d l be a~Gl
marriages.	they are hereby entitled tb levy and recive the several fees autlio. rised to be collected by t8em under and by virtue of this Act aiui the Act intituled An &t for Regulatiiig Marriages in Soutll Australia " to be applied in mamiar hereinafter proded.

Regulations to h	111. And be it Enacted That t>he Rcgisttlw may wit11 the appm.
made for the manage- b

merit of the registry ation of His Exccllcncy Elle C; overnor make regulations for tilt

:tnd duties of the management of' the r ~ ~ i s k r, office and for the duties of the Uepul\

Registrar.	Registrars hereinafter nlenkioned in the execution of' this Act S ,;
that they be not contrary: to the prorisioils herein contained and the regulations so made and approved shall be binding on the Deputy Registrars.

RP& rar to file a IV. And be it Emeted That the Registrar s l d l oilee in even

ropy of his register six inonths f i le a copy of the rcgistw kept by him during the FOG-

i,l RP.

gistlu- office every six woillg six moiitlls in the C+cneml Registry Ofice to bc deposited	months.	h and kept with the other rcdords of the said ofict for the prw~)osc.~
l~ereinafter mentioned.

nl17i.ion of the n o -	V. And be it Enacted That his Excellency the Governo~	dlali
vince into districts

within three calendar months after the passi~lg. of tlis Act 1 9 :I

ad q p i n t m m t o f

%W Rewtrars to Proclamation to be for that purpose issued dnriile the Proviiici such distxlcts.

of South Australia and its al_)ependciicies iuto sr~ch aid so mni~\

districts as Le shall think fit8and every such district shall be calli by a distinct name and shall bc a Deputy Rcgistm7s district an( IIis Excelleucy shall appoint a person with such ynalitications as tc him may seem fit to be Deputy Registrar of births ancl tleatlu

Deputy Registrar shall forthwith fill up the vacancy and ever!

within such district a id in every case of vacancy in the office o

such Deputy Registrar shall hold his office during the pleasure o the Governor: Provided always that it shall be lawfhl for the Go vernor to revoke such Proclamation and such appointmeiits and t( issue from time to time a new Proclamation dividing the Provinc~

mew into sucli and so mauy districts as he shall think fit ancl t( appoint thereunto sucli Ileputy R e g i s t r i ~ ~ as he shall t h l k fit Provided always tlw t the Governor in issuing such Proc1:~iidol

s l d l not havc potver to reducc the lluinbcr of dihtricts: All(

provided also that no such Proclarrratioii shall affect the appoil~t

inent or invalidate the acts of any Deputy Registrar appoiilt~(

previously to the issuing of such Proclaniatioo.

VI. And be it Elzactcd That in casah of the illness or unavoidable In case of illness or unavoidable absenw

fihsence of the Registrar or of any Ueputy Registrar of a district Registrar or, l ~ ~ ~ ~ ~ ~

it $ d l be lawful for the Governor to &ppoint by writing under his Registrar to *

.P-

]land H fit person to wet in the place a@ stead of such Registrar or pointed.

Deputy Registrar and every sue11 person while so acting &all b v e

all the powers and duties and he su5ject to all the provisions and

pa l t ies herein declared eonceruing Kegistrars and Deputy

Ilegistrars.

VTT. And bc it Enacted That the Registrar shall furniah to every ~eg i s t e r books of

births maniages and

Deputy Registrar a sufficient number of register books of births of death, . a . fGrmS

'eqister books of rn,zl.riagcs and of regstcr books of deaths and of be furnished to Deputy Registrars

fobs for certified copies thereof ns heseinafter provided and every births maniages

Iiegistrar and Deput,y Xegistrar s l d l be authorised and is hereby; ~ ~ ~; ; ~ ~ ~ $ i, ,

required to infbrm himself carefully: of every birth ~narriagc and to tile foi-1~16. annexed

death that sllnll happen witliiii his dis&ict and to learn and register	this Act.
as soon aftcr the event as comeuient$y can be done without h e or reward save as hereinafter mentioned i$~ one of the said books the prticolars required to be reeistered accordinq to the forms in the Sehcdulrs A B and C to this Act &mexed 'touching every such birth death or marriage as thc case h a y be which shall not have been already registered every such entry being made in order from
the beginning to the end of the book.

WI. And be it Enacted That the &her or mother of any child ~ m n t s or occupiers

born or the occupier of every house or tenement in this Province binhs or death, of houses in which

or its dependencies in which any birth or death shall happen shall ~ F P P C ~ requireat0

i11 the case of' the birth of a child under a perdty not exceeding xcgistmr.	glve notice tu Deputy
ten pounds within forty-two days next after the d& of such birth a d in case of a death within ten days after the day of such death	respectively give notice of such birth or death to the Deputy	Registrar of the district and in case any new-born child or any
(lead body shall be found exposed the district constable in the case
of a new-born child and the Coroner in the case of a dead body shall forthwith give notice a d iuformdion thereof and of the place ~vlm-e such child or dead body was fomd to the Deputy Registrar
and for the purposes of this Act the master or keeper of every gaol prison or house of correction or hospital or lunatic asylum or public or charitable institution shall be deemed the occupier

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IS. And he it Enacted That the father or mother of every child P ~ ~ t r o ~ o c c ~ i e r o f

horn in this Provlnce or its dependencies or in case of the death pmiculars of birth house required to give

illlless absence or inability of the fiather and mother the occupier of far as k ~ o m

I the house or tenement in which such child s h l l have been born l

shall

shall within forty-two day$ next after tlre clay of' every such b i~ t i,

give informatiolr upon bci@ requested so to do to tlrc Deput,

Registrar aceolding to tlie &st of his or her lmowlcdge and

of the several particulars &ereby required to be kilowii and re.

gistered touching the birth &' such child.

As LO registry afiu X. And be it Enacted '@hat after the cxlhation of frwty-twC

the expiration of forty-

two days fromthe	days following the day of%h birth of any child it shall not bc
birth of the child	lawful for the Deputy llegisdrar to register such birth save as llerc. inafter is next nientioncd: Providcd tlmt in cilse the birdl of' anL child slla11 not have been $egistered according to tire provisio$ hereinbefore contained it slikll he lawful for any person present ai the birth of such cldd or for the father or guardian thereof' at ilnj time within six calendar months next after the birth to make a
solemn declaration of tlre pa~icalars required to be known touchin~
the birth of such child acc~rding to the best of his or her kilo;
ledge and belief and it shaa thereupon be lawfid for tlre Deputy Registrar the11 and there to rqgister the birth of the said child ac. corcling to the inforrrratiou 61' the person n~aking the said dcclara. tion and in every such ease tlle Ueputy Registrar bcforc whoill tl ir said declaration is made shal sign the entry of tllc birth and for every such registry as last afdresaid the Deputy Registrar shall h e entidcd to have a fcc of ten shillings and sixpence from the person requiring the same to be registered and every person who sllall knowingly register or cause @ be registered the birth of any child othcrwisc than hcrcinbcforc k last rncntioncd sftcr the expirxtioil of forty-two days following tlrk day of the birth of such child shall forfeit and pay for every sukh offence a sum not cxceedinq fifty pounds: Provided nlways t l ~ i t nothing in t l k sectiw corr'taind
slrall be taken to exter~d to ykvent the registration of t1.e birth of
any child although horn at bea or in any part of Australia other than this Province or in Van Dierneir's Land of' parents wllosc
ordinary place of abode is within this Province or its dependencies but it shall be lawful for the Dbputy Regikrar upon a solemn decla- ration of the parents or guardians of such child of such partic~darz:
of the birth of the child as are hereinbefore required then i d there to register the birth qf the child according to such in- fbrmation.
Births not to be

registeret1 aftw ~ i x XI. And be it Enacted That after the expiration of six calendar

no nth unless the montlis following tlie birth of any child unless such cldd sllall have

"" at been born at sea or in any part of Australia other than this PI'o-

sea &c.

vince or in Van Diemen's Laad it shall not be lawfrrl for ally Deputy Registrar to register the birth of suclr child and no regiskr or certified copy of a register of births slalll be given in evidence to

to prove the birth of any cliild except as aforesaid wherein it shall

qpear that six calcrldar rnontlls have intervened between the day of the birth and the day of tire registmtion of' the birth of such child and evcry person who slmll knowirq$y 'cgister or csusc to be

registered the birth of any cldd except . S is hereinbeforc provided

for after the expiratio11 of six calendar months following the day. of

the birth of such child s11dl forfeit and pay for every such offencc

a sum not exceeding fifty pounds.

XTT. ,4nd bc it Enacted That if any child born in this Province Name given may bc

or its Depentle~lcies wllosc birth s l d l l&vc beer1 registered as afore- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i $ a -

said slml within six ctllcidar months ~ c x t after it shall have been tion of birth.

so registered have any ilanie given to it in baptism or in the pre- scncc of any Deputy Registrar the parebt or guardian of such child or other person procuring such name tojbe given shall within seven days nest after such baptism or t l ~ c e;i+ng of such name procure

and deliver to the Deputy Registrar in wllose custody thc register of the birth of the child may then happen to be a certificate ac-

eordia~ to the form of Schedule D to this Act annexed signed by

the hfiuistw who shall have perfori~ied tlle rite of baptism or by

the Deputy Registrar who s h d have beon prcsci~t when the nam;

was given 1v11ich certificate such Minister or I)epu.ty Registrar as

the case may be is hereby required to deliver irnnledixtely after the baptism or immediately after the name has been given whenever the same shall be then den~mded on payment of the fee of onc shilling which he shall be therefore eutltled to receive nrtd the DC- puty licgistrar upon receipt of such ce&ficate and on payment of

the fee of one shilling which hc shall be therefore entitled to re-

gister tllcreiu that the child as baptised by such name or had such ccive shall mitl~out ally erasure of the original entry forthwith re-

name given to it in his presence and the Deputy Registrar shall

tllereupon certify upon the said certificate the additional entry so ~nnclc: And be 'it Ellacted That notlling- in the preceding sections relative to thc registration of births i:ontnined shall be taken to ex-

tend to any cl~ilrl born within this Province or its Dependencies or

in any part of Australia other than this Province or in Van

Dieinen's Land or at sea previously to tlm comnlencei~lent of this Nothing in the pre- ceding sections shall

Act hut it shall and m y be h w f d ibr the parent or guarrlian of any ?revent the registra- tion of the birth of

such clild to cause his birth to be registered under the same pro- ,,,	born irl this
visions as by this Act are attaclml to the registration of thc birth Pro~jncc	&C. or at

sea previous to the

of children born within this Province subsequently to the commence- commencement 0fthi8

&lent of this Act, A C ~.

XIIT. And be it Enacted That some inmate of the housc or tene-

Qlent in which any dentlr dtall hxve lmppened shall within eight

13 days

d

a

some inmate of the days next after the day of &I& de& give illformation upon be

house in which a death

abdl happn required requested so to do to the @puty Registrar accovdiirq to the bes

to give particulars of his or her knowledge and k$blicf of tlre several parhmlnrs her, death so far as known.

Deputy Eegiatrm to	required to be known mld rkgistered toucliing the dent11 of such 1
make entry of the	son: ~rovided always tllat RI every case ill wllicll all inquest ~1
finding of juries on
Cmoncrd inqueate	be held on any dend body b e j jury shall ilapire of the prticul llereiu required to he re$st@red concerning the clcnth and the Cc iier shall inform the T)eputJ1 Ke@strw of the district of the find of the jury and the I)cyuty$Rcglstr~w sl~all inalie tlir elltry ac( dirrgly.
becn RO delivGred the po*m{ who shall inwy wit11 W without:
funeral or religious service or perform any ~ L I I I ~ I I or ;my re1il.i ?
service for the h ~ w i d or w.114 shall in any'otlrrl. w:~y dispose of
body shall forthwith give no@ce to tlie Dcpnty 1lcgintn:r: l'rovit
always that the Coroner u p ~ n holding a ~ i y ilquest i ~ w y order
body to be buried if he s ld$ think fit 11cfom regist1.v ot' the de
and d1aU in such case give a:certificnt,e of lds ordw il; ~ul i t~ i f iq 1111
his hand according to tlw f@rm of Hl:l~edule F to this Act :,rue
to nucli u n d a t a k ~ r or other PCI*SO~ 11:tving clmrge of the film
which shall be delivered as :aforesaid alid crcry pn8soil \rho d
bury or perfom any f~~ncra! or wligious service for tllc buria any dend body for which ha certificate s l d 1 have been duly m and delivered as aforesaid ieitller by the Deputy Eegistrar Coroner and who shall not mtliin one month give notice thereof the Deputy Registrar s l d l fprf~it alrd pay any sum not exceed ten pounds for every sucll offknee.

Begiatry to be signed XV. And be it Enacted That everv person by whom the

by informsnt.	mation contained in any regi4ttrr of b i rb or death under this. shall have been given shall 4gn or attest llis mme descriptioll; place of abode in the regiser and no register of births or dea according to this Act shall b$ given in evidence whic11 shall not signed or attested by some person professing to be the informaul
the Deputy Registrar.

marriage is solemnized ok hath taken place shall in the montlis of July October January and April respectively mske and deliver to the Registrar a true copy&ertified by such Clergyman Officiating Minister or Deputy Regi@rar under his hand of all the entries of marriage in the register b ~ k s kept by him since the last certificate the first of such certificttt& to be given in the month of July 1842 and to contain all the en&es made up to that time and if there shall have been no mania& entered therein since the last certificate shall certify the fact tinflcr his harid and shall keep the said marriage register books sdely.

Indexes to be made

and personsallowed to XIX. And be it Enacfed That every Deputy Registrar shall cause indexes of the regi&rv books in his office to be made and kept with the other recordb Gf his office and that every person shall be entitled at all reasonable hours to search the said indexes and to

secur~h them.

havc a, certified copy of by entry or entries in thc said register

books under the hand of the Deputy Registrar on payment of the

fees hereinafter mentioned :that is to say for any gencral search the

sum of five shillings and for any particular scarch the nuto of one

shilling and fbr every such' certified copy the sum of' two sldliilgs

and sixpence.

Indexes to be kept in XX. And be it Enacted" That the Registrar shall cause indexes

the Office. Searches &gister d- of all the certified copies of the registers of the Deputy Registrars

lowed and certified	to be made and kept in the General Register Office and that every
copies given.	person shall be entitled on wvment of the fees hereinafter mentioned io peareh the said indexe~%etweeo the hours of ten in the iuorning and four in the a,fternoon gif every day except Sunday Christmas Day Good Friday and the Queen's Birthday and to havc a certified
for every general search of the said indexes shall be pad the sun1 copy of any entry in the said certified copies of the registers and
of five shillings and for every particular search the sum of one shilling and for every such certified copy the sum of two shillings and sixpence and no more shall be paid to the Registrar or suck other officer as shall be appointed for that purpose on his account.
Certified copies sealed

or stamped with the XXI. And be it Enacted That all certified copies uf entries pur-

seal of the Register	porting to be under the hand and seal of the Registrar or of any
Office or Deputy RC-	such Deputy Registrar as aforesaid shall be received ss evidence ill

gistrar'c W c e made

evidence. any court of justice within this Province or its Dependencies of the birth death or marriage ta which the same relates mithout any further or other proof of sucll entry and upon a certificate being made by the Registrar-General that the register of births marriages or deaths for any specified period and for any particular district is lost or destroyed then and is all such cases thc certificate of such

Registrar

Rcgistrar-Geneml nnder his hand and seal sl~dl

be received a,s

&de~icc in any conrt of justice within this Province of' the matter

to which tlir same relates without further proof being required:

Provided always that in every such last mntioneci case tl~cre

shall

be p i d to the Registrar a fee of five shillihp.

P

l

XXII. And be it Rnacteted That every person who shall wilfully P y d t p for wiituily

nlake or cause to be made ibr the purpose of being inserted in my mation. giving false infor-

reb any of the particulttrs herein required to be lmown and registered wistcr of births deaths or marriages m y false statement touching

&all be subject to thc same paiiw. a id penalties as if he were guilty

of' perjury.

XXIII. And be it Enactcd That every person who shall refuse Penalty for not duly

or without rcasomble causc omit to register any marriage solcinnized dcnths and registering births

by him or in his presencc or wliich he ought to register and every ant1 fin. losing and iu-

jur~ng rtb' )l,ters.

Dexutv Registrar who shall m f i ~ ~ c or without reasonable caus'e 0 4 t th regster any birth or dcath or marriage of which he shall haw had due notice as aforesaid and cvkry persoil hv ing tile

custody of any register book or certified copy thcreof or of any

part tllcrcof who shall ~are le~s ly lose or in ure the same or care-

lessly a l h v the same to be inj~n.ed whilst in i lis keeping shall forfeit

and pay a sum not exceeding fifty pounds for every such ogence.

XSTV. And be it Enacted That every person who shall wilfdly Fendtyfol donrq-ing

destrov or injure or cause to he dmt'roycd or injured m y snch re- ;zz?iw	register
b wister 'hook or a y part or ce~tifird copy of any thereof or shall

fiilsely make or counterfeit or cause to be falsely made or counter-
feitcd any part of any such registcr Loolr or certified copy thereof	or shall wilf.illly insert or cause to be inserted in any register book
or certified cdpy tl~rreof any fklse entry of m y bir& death or ~arr iase or slid1 wiif~dly give m y false certificate or shdl certify ally writing to he a copy or extract of' my register book knowing the sainl: register to he false in any part thereof or shall foqa or counterfeit the sed of the IZegistrar or of any Deputy llepstrar
dlall be guilty of felony.

XXV. Provided always and be it Enacted That 110 person Accidentalenorsmq

el~arged with the duty of	regktetering any birth or deatli or of re- h	cO"ectd.
gistering any marriage who	shall discover any exror to have been

committed in tlic form or substance of any such entry shall be thehrfbre liable to any of t lx palidties aforesaid if within one m- leedtw inonth next after the discovery of such error ill the lvesence

C of

of the parents of the clqd wllosc birth mny have been so registered or of the parties married or of the inniste of the Ilouse or tenement where the death regiskred may have occurred or in case of tllc death or absence of dje respective parties aforesaid then in the presence of the Deputy-;Registrar and of two credible witnesses who shall respectively attest the same he shall correct the erroneous entry according to the: truth of the cnsc by entry in thc margin without any alteration *of the original entry 2nd shall s i p the nmrginal entry aid add. thrreunto the dav of the month and yeay when such correction slqll he rnade; I'roGidd also that in the case of a marriage register hq shaU make the like nlarginnl entry attestcd in like manner in the mirriage register hook and in every rase sldl make the like alteration in tlle certified copy of' the register book to

be made by llim as aforesaid or in case such certified copy shall

have been already made provided he shall make and deliver in like manner n separate ccrtifkd copy of thc origirlal erroneous e r ~ t r ~ ancl of the marginal correction the1 ein made.

1tecovel-! of pcndtics

&c. XXVI. And he it Enacted That all fines pcnaltks and f'orf~itur~s

by this Act imposed u~dess otl~erwise directed s l d be rccoverc~d

before any two J usticeq of the Peace in n sunwary map in the manner provided by the lawn of this Province for regulating sirm- nlary proceedings before Justices of the I'ei~ce and m y person feeling aggrieved by any summary judgment or co~lriction under this Act may appeal tllarefron~ to tke Justices in (Jwrter Sessioils

in common form: Provided a1 wa y s t'hnt notliirlg herein contained

shall bc taken to prevc~it the re~novnl by certiorari or ntl~erwise

into the Supreme Court of stky inf'onnstior~ exliibitcd undvr lhc twenty-sixth section of the Act of' this I'rovince intituled A11 Act

fbr regulating &Ittrriages i r I Soutlr Australia."

Applictltionoffees&c. XXVII. And he it Enacted That all fees collected and all f i ~ ~ s

penalties and forfeitures levied and recovered under this Act shall unless otherwise directed be paid to the Colonial Treasurer and &p- plied to the public use$ of tlle Province and for stqq~or-t of the Government thereof.

acsicm of hnl*i;trlr	XSVITI.	Provided always and be it Enacted That nothing 1 l c ~ ~ i n
and burials 11i:~y be

~,~,t, hcrccofore. contained rjldl aff'ect tlic registration of baptisms and hurkils a* now by law estaldishcd or the right of any Officiating Miniater to receive the fees now usually paid for the perfornmnce or resistratioll of any baptism burial or rnarriagc.

SXIX. Ancl he it Enacted That the term Governor used in this Explanation of term

, let shall be equally taken to extend to every other ofticer for the Governor.

tinw being lawfillly administering the Government.

GEORGE GREY,

Govcnior of Soutl~ Australia.

A. R4. Mc.sm-,

Clerk of' Council.

Schedules

SCHEDULE A. i?

1842, Births in the District of

l A7aine <f e

wrI,en Siyna ture 2

added after -I

Reqistered. $e3;~z l

Regisb-ation

cf Birth.

Green Carpenter I William Green, father. 17, IIindley-street.

A. B.

William Green I

Carpenter, 20th Jan. / 2;pty

~~strar. 1

formerly Jennings I

1

SCHEDULE B. 1

I 1842, Deaths in the District of 1

Name and Signature, description, and When Signature of

No. When died. surname. or Cause of rebid__ If i I~ormcunl. Registered B ~ x e g i s h r. ~ , ~ ~ ~

---__I_-- ---

Fort? Bebecca Green, widow, A.B.

17 4th February William Green Mde Three Carpenter jth

17, Hiudcy-street Deputy Registrar

&i ,-p* SCHEDULE C.

1842, 3iarriages in the District of

I

parties.	or Deputy Registrar. Regktered.	t	Minister,	When	1 Deputy	A.B., Depiity
or O$ciating
Signature

of

Signuture and iITante qf Clergyman,

1 "

Registrm

Name and Surname. Age. I Bunk. 1 description of 1 a

and whew.

Minister.

4th February John C : O e t - Clerk John C m A.R, CIIyI 5th Feb. Registrar or Offi-

St. David's Church Mary Thonlson Twenty-seuen Spinster Mar7 Thompson

Married in the Parish Church according to the rites and ceremonies of the United Church of England and Ireland by Licence or after Banns (or 1 ciating Ministel

as the case may he) by AB., OEciating Minister or Deputy Registrar.

This Jlarriage wm solemnized John Cox In the presence John Hastings

between us Yary Thornon of us GeoErep MitcheIl

SCHEDULE D,

1, A.B. (Minister of or Depzct? Hegisfrcw of'

do hereby certify that I have this day baptised by the name of Tl~omns (or thut

the name qf Thornas hatk this day huer~ given @I a rude child produced to me hy

IF-illicm Green, as the son of Williamn, G r ~ m and Rehwca G r ~ e n, and declared by

the wid Williarn Green to have been born at cm the day

of 1842.

Witness my llancl this day of 1842.

(Signed) A.D.

Minister or Deputy K'egistrar.

SCHEDULE E.

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

do hereby certify that the death of 11~nr?/ I~astirrys was duly registetl by me on

the clay of 1843.

Witness my liarltl this (lay of 1542.

(Signed) AB.

Dcputy Registrar,

SCHEDULE F.

I. .7ohn V'arner ,Virholls, Coroner for the district of tlo

h e b y order the burial of the body now shown to the Inquest-jury as the body of

r 1

I l~omas Jones.

Witness my hand this first day of December, 1842.

-

---___I_

ADELAIDE: Printed by authority, by W. C. Cox, Government printer,

Victoria-square,