Registration of Births, and c Act 1855 (SA)
No. 3.
[A sscntcd to, Febrnary 1,
1856.1
T-TERi?,AS an Act was passccl in the fifth year of the reign of Preamble
Her present Mz~jcsty, intit uled " AIL | -. |
And wllercas a certain other Act was passed in the fifth year of Her said hfajrst y, intitulcd An Act for Ile@ating -Marriages --. in the Province of South Austrdi;~:" i\nd a certtwn other Act was passed in the ycar of our Lord one thousand eight hundrcrl and fiftytwo, and in thc tenth year of Her said Majesty, intitnlccl " An Act to Amend the Titw rcli~tilig to 3llarriagc in the l'rovir~ce of South Australia:"' |
And it is csyrd&nt to re ,&l the said first recited Act, and also to |
reue;zlcertailr portions o f t le two last recited Acts, with a view to | -3- |
amend t l Z T E i ~ i c m g | to llegistering of?flirths, Deaths, and Mar- |
riagcs-Bc | it thercforc Enact zd, by Hi s Excellency the Governor-iu- |
Chef of South Anstralia, by ~211~1 | with the advice and consent of the |
Lcgislative Couucil thereof, as follows, that is to say:
by the Gorernor, by
any Proclamation to be by him published in$+,""&p..'.t..,with
the | the .said first recited Act, | -- | -> |
ancl so much of the two last recited Acts as arc ~nconsistent | with the |
provisions of this AZt, shall be and are hereby repepled. |
2. It shall be lawful for the GOT-ernor, by Proclamation in Governor
to appoint the
South Arrstrcrlian Gosernmevt Gazette, to appoint a proper Office in the City of Adelaide for keeping a General Register of Births, Ihaths, and Rlarriages of all Her Majesty's subjects in the Province of South Anstralia; and, also, in like manner to appoint in each ofthe several districts into which the said Province may, for the
purposes of this Act, be divided, a proper Office in which may
be
kept a Register of Births, Deaths, and Marriagcs occurring within
the limits of such district.
Oo~ernortoappoint
fi | to bc Registrar-General of Births, Deaths, and hlarri;tgvs, who shall exercm the several duties by this Act appointed to he cxcrcised by such Registrar-General; and, also, to appoint oncl or morc I)c>puty | |
Registrars of Births, Deaths, ancl Marriages, ss may be found news- | ||
sary, and cvery duty, act, matter, or thing by this Act appointctl to be exercised or done by the Registrar-Gcneral, may in like inamer be exercised or done by any such Deputy Registrar. |
4. The Govcrnor shall, within six calenclar rno~iths | after thc ltawing | |
of this Act, by Procll-tmntion, published iu tllo | ||
Gove~nment Gazette, cliriclc the l'rovincc of South Australia and its Dependencies into such and so many districts as he shall think fit, and shall and may, at his ciiscrction, by any Proclamation publid~ud | ||
as aforesaid, from time to time, alter the bounclaries of any such &S- t r ic t~, a d create new clistricts, and every such district s l d l bc ~iillctl by a distinct name, | ||
also, from tirnc to timtl, uppoint a pcrson to be 1)istrict J<cy;istrar of Births, Deaths, ancl Illarriagus, within cvery such district, and at his pleasure remove sach person, and, i11 crcry case of vacancy in the office of District lkgistrur, shall forthwith fill up the | ||
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In case of illness or 5. I n casc of thr illness or unavoidable abscncc of the Regis-
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trars, to be appointed as hercinnf2er rnentiunecl, shall be illltl they |
are herebv | entitled to levv m d receive the several fees authoriad to |
be collcct~d by thcrn und& and by virtue of this Act a i d thc said Art intitulcd " An Act for Regillating Marriages ill South Australia," tobe applied in manner hcrcinttfteu provided.
- | ment of the Register Office and for the duties of the District Registrars, |
hereinbefore mentioned, in | |
not contrary to the provisions herein contained, a i d such regulations being approved by thc Governor and publishcd in thc &uth |
8. The Registrar-General shall furnish |
O&clathg |
'IC | Officiating 31inister, Rcgistering Offiecr of the Society of Friends, | .and llistrict Registrar, such books a i d printed f m n s as may Fc | |||
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and every ( 'lergyrnan ancl Of?iciat,i~~g Minister, and Ilcgistcring | |||||
sldelaidc, ancl enter in a roll, to | |||||
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such roll as aforesaid, s l d l forfeit ailrl 1)ny tlle sum of Twwty l ' o ~ l ~ l s, |
l l. I n case any birth or death shall not have been rcgistercd I n (yefault of | w~lhin | ten or forty- |
within such period of forty-two days or tell days, as thr: rase may be, , | ,,,., | , | , |
call parties. to makea solemn declaration of the particulars required to be knownit shall be lawful for thc Registrar-General or for any Ilistrict to on
Registrar to call upon such parent, occupier, district constable,
touching
touching such birth or death, according to the best of his or her knowledge m d belief, and it shall be lawful for the llegistrar- General or District Registrar thereupon to rcgistcr such birth o r death according to the particulars so ascertained; and the parent,
~ s e | as aforesaid, shall pay to the Registrar-Ge1wii1, or District Registrar, | |
Five Shillings; and every parent, occupier, clistrict constable, Coroner, or other person who, when so called upon by the Registrar-General or I~istrict ltegistrar, shall refuse to state such particulars or shaU knowingly make a fdsc statcnlcnt thcreof, shall for such offence forfeit and pay a sum not exceeding Fifty Pounds; and in thc case |
Provhce or its Dependencies, of parents whose ordinary place of' abode is within this Province, it shall be lawful for the Rcgistrar- Cnlcral or for a District Rt@tmr, upoil a solemn declaration made by the parents or guardians of such child, or by such other person as shall be approved of by the llcgistrar-General or District-Registrar,
of such prticulars of the hirtlr as are by this Act required to be
known, thcn and there to register the birth of such child according
12. If any child born in this Province, or its I)cyx~lencies, whose birtl; shall have been registered as aforesaid, shall, after it |
months | . |
shtill have been so registered, haw any name given to it in baptism, ou in the presence of any District Registrar, the parcnt or guardian of snch child, or other person, procuring such name to be given, shall, within sewn days next after such baptism, or the ~ i v i n g of such name, procure and deliver to the District Registrar, in whose c i ~ s t ~ d y the register of the birth of the cldd may then happoii to be, a certificate, according to the form of Scheclule D to this Act anncxed, signed hg the Minist& who shall llwe perforrncd the rite of baptism, or by | |||
may be, is hcrcby required to deliver immediately after tllc baptism, | |||
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shall, withont any erasure of the original tintrp, forthwith registcr thcrcin that the child was baptised by such name, or had mch name given to it in his presence, nncl the District Registmr shall thereupon notify to the Registrar-General t,he arlditional entry so made: And be it Bnactod, 'l'hnt nothing in the preceding sections relative to the registration of births contained, shall be | |||
or in Van IXernen's Imd, OF at sea, previously to thc commencement | |||
of this Act; but it shall and may be lawful for the parent or guardian | |||
of any snch child, to cause his birth to be registered under the same | |||
provisions as by this Act are attached to the registration of the birth | |||
of children born within this Province subsequently to thc corn- | |||
menccment of this Act. |
District | Registrar, immediately upon | registering | any J $ ~ ~, t ~ ! ~; ~ ~ $ t o |
death, or as soon thereaftcr as he shall be required so to do, shall,
registry of &ath to 15ritllont fee or reward, deliver to the undertaker, or other person
undertaker^ deliver the same to
having charge of | the funcral, a certificate under his hand, according t h e |
to fie fbnn of Schcdolc E to tllis Act annexed, b t | such dcath has |
been duly registered, and such certificate shall be delivered by such body to be |
unticrtaker, or other person, to the Minister or officiating person | - - |
who shall be rrquire& to buy, or to perform any religious service |
for thr: bari;tl of the dead body; and if ally dead body s h l l bc buried. |
for which no certificate shall h v c bocn so delivered, the person who
Penalts E10-
bury with | or religious service, or perform |
:my fiulrrd or any religious service for the hr ia l, or who shall in nu)- other way clispasc of the body, shall forthwith give notice to the It if
irtyil r of theJ Iistrict: Pm\ldod always, that the Coroner, upon holiiirtg any inquest, may oonder the body to be buried, if he shall think fit, bcforc registry of the ctcath, and shall in such case give a crrtificatc of his order, in writing under his hand, according to the forin of Schedule F to this Act annexed, to such unclcrtalrer or other per:ioll llavi'i17g cllarge of' the funeral, which shall he delivered asitforesaid; and cvcry person who shall bury or perform any funeral or religious service for the burial of any dead body, for which no
certificate sllnll have been duly made and deli~ercci as aforesaid, eithcr bv tlric 1)istric:t Registrar or (:oroner, and 1~110 shall not within
one i;lo&x | give notice thereof to the 1)istrict Registrar, shall forfeit |
ancl pap m y s ~ m | not exceeding Ten Pou11ds fur every such oifence. |
14. Every Medical Prac titioncr who shall have been in attend- |
ancc npon any person deceased, or who shall have examined death.
the botly shall ticliver to the nearest of kin, occupier, or othcr person
wqnircrl by this llct to give' information of the dcatli to the District
ltegistrw, a ccrtificate under his hand according to the form in the
Sclmlule liereto anncxcd, marked G;, setting forth to the best of his knowledge and belief the
muse of dcath, which certificate such nearest of kin, occupier, or other person shall, when notifying the death, deliver to the District Xegistrar or Registrar-General; and such Jl cdical Practitioner neglecting to give such certificate when
demanded, shall be liable to a penalty not cxcecding Five Pounds | nor less than Two Pounds. |
15. Every person by whom the information required for Register-
Inforlllsnt to sign
ing any birth or death under this Act shall havc been given | |
shall sign or attest his or her name, description, and place of abode in the Certificate of Registration to be made in duplicate by the District Registrar according to the Schedule hereto annexed, marked A or B; and the District Registrar shall thereupon file one original of swh ccrtificate in his office, and forward the other to the Regis- |
trar-General in Adelaide, to be there filed by him; | and the Registrar- |
General and District Registrars shall carefully preserve | |||||||||||||
certificates, and classifSing those of like nature together shall number them in consecutive series according to their dates, and shall from time to time cause them so arranged to be bound in convenient |
F | volumes |
volumes to constitute respectively the General and District Eegisters
of Births and Deaths.
of |
the Society of Friends, and District Registrar, shall make out in duplicate a certificate according to t*l~e Schedule hereto annexed, marked
C, of every marriage solemnized or contracted before him, and the parties contracting such marriage and also the witnesses thereto shall sign or attest their names and places of abode on such certificates, 'and such Clergyman, Officiating Minister, Eegistering Officer as aforesaid, or District Registrar shall also sign the same,and if such marriage be solemnized or contracted beforc
: Clergy-L man, Officiating Minister or ltegistering Officer as aforesaid, he shall forthwith forward one copy of such certificatc to the Registrar of the District in which such marriage sEdl have hecn solemnized or contracted, and the duplicate to the Registrar- General; and if such rnarriagc shall have been contracted before a District Registrar, he shall file one original of every such certificatc and forward the duplicate to the Registrar-General: and the ilegist rar- General and every District Registrar shall cartfully preserve all such certificates, numbering them in consecutive scrics according to their dates, and shdl from time to time cause them so arrangcd to
be bound up in convenient volumes to constitute resvectivelv the
General and Jlistrict llcgistcrs of Marriages; and fol-' every snch
District llcgistrar thc sum of Ten Shillings, one moiety of which
shall be retainedby such Clergyman, Officiating Illinister, R~gistering
Officer as aforesaid, or 'District Registrarhand the other moiety be by
purpose by any regulation appoint, paid over to the Clolonial Treasurer for the support and maintenance of the General Registry Office, and for the general purposes of this Provincc.
and District Registrar shall, once in each period of three calendar | |
days thereafter forwdrd to the Registrar-General a list authenticated by his signature of all marriages by him performed or solemnized during the preceding three calendar months; distinguishing such, | |
if any, as may have been performed or solemnized by licence, or a | |
him within such period, under a penalty for every failure so to do df a sum not exceeding Ten Pounds, | |
18, The Registrar-General and everyIIistrict Registrar shall cause indexes of the registry books in his office to be made and kept with the other records of his office, and every person shall be entitled at all reasonable hours to search | |
hand
hand of the Registrar-General or District Registrar on payment of the fecs hereinafter mentioned, that is to say-for any gencral sear& the snm of Five Shillings, and for any particular search the sum of Two Sl~illings, and for every such certified copy the sum of Five Shillings.
19. d411 certified copies of entries purporting to be under the |
nd and seal of the Reg i s t r a r -Gi r l or of any District Itcgistrar |
aforesaid shall be received as evidence in any Court of Justice |
thin this P~oJ-ince | or its Dependencies, of the birth, death, or made evidence. |
marriagp to which the same relates, without any further or other proof of such entry; and upon a certificate being made by the Registrar-Gcncra.1 that the register of births, marriages, or deaths,
for any spec:ified period, and for any particular district, is lost or
destroyed, then and in all such cases the certificate of such Registrar- General under his hand and seal sllall bu received as evidence in any Court of Justice withill this Pro~ince of the matter to which thc same relates without further proof being reyuircd; and for cvcry cer- tified copy so given under seal the Registrar-C+eneral or District ltegis- trar shall
bc cntitled to reccive a fie of Seven Shillings ancl Sixpence.
20. l'very | person who shall wilf'ully make, or came to be made, |
for the purpose of being inserted in any register of births, deaths, | |
or marriages, any |
21. Nvcry C~lergyman, | 0ffici;tting Minister, or 12egistc~in~ | Officer |
of the Sor3icty of Yriends, mrho ~ h d 1 | omit, in dur time, to forward to |
for losing |
cate certificates herciuhefore described of any rnarria~c |
solemnized bv |
him, and evrrr llistrict Registrar who shall "refusc o; | \ l i thut reasol; |
able cause omit to register any birth, or death, or marriage of which he shall h u e had due notice as aforesaid, and every person having the custody of any register book or certified copy thereof, or of any part tllcrcof, who shall cnrelcssly lose or injure the same, or carelessly
pay a sum not exceeding Fifty Pounds for every such offence. | allow the same to be injured whilst in his keeping shall forfcit and | 22. Every person who shall wilfully destroy, or injure, or cause Perlalty |
to be destroyed or injurcd any such register book, or any | |
certified copy of any part thereof, or shall falsely make or counterfeit, or cause to be falsely rrlade or counterfeited any part of any such register book or certified copy thereof, or shall wilfully insert or cause to be inscrted in any register book or certified copy thcrcof any false entry of any birth, death, or marriage, or shall wilfully give any false certificate, or shall certify any writing to bc a copy or extract of any register book knowing the same register to be false in any part thcrcof, or shall forgc or counterfeit the ~ e a l of the Registrar-General, or of any District Registrar, shall be guilty of felony. |
23. Provided
Aceidentalerrorsrnal
24. |
All fines, penalties, and forfeitrues by this Act imposccl, unless otherwise directed, shall be rccovcred before any two ,Justices of tho Peace in a surnnlary way in the manner provid~d by the laws of this Province far regulating summary proceedings before Justices of the Peace, and any person feeling aggrieved by any sumrnary judgment or conviction under this Act Inay appeal therefrom: Provided always, that nothing herein contained shall be taken to prevent the removal, by
certiorari or otherwise, into thc Supreme Court of any information exhibited under the twenty-sixth section of tlic Act of this Province, intituled An Act for Regulating IIarriages in South Australia."
Pr c.
Application offees,
this public uses of the Province and support of the Government thereof. |
SCHEDULES REFElEtRED TO.
Bornin the District of Mount Barker.
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Rank | Chriut~nn | name, |
Name and | Name and | or Pro- | R,esidonce of | if any, qiven aftcl |
No. | UXen | Knmc, if | Sex. | Sura%nc of | Maiden Sur- | fession of | Parents. | Registration of |
Rorn. | any. | Father. | name of Mothor. | Father | Birth. |
__------------ | -- |
/ | _ | - |
l
Jan | / John Jones | Ndu | Thorns9 Jonea | Emma Jones, | Parmrr | Chalk Farm, |
Mouot
1 | &","i1?5mit | h | Barker. |
1 | - -- |
i_---____-_lll- | -- |
I, T h o r n ~ | Jonw, nf | M o l ~ u t | Barker, in the District of Mount Barker, do declare tho above particulars to |
bo cormcat aud true, lo alle
best of my knorvletige :md belief.
((Signature of parent or other person, | ~ iv iug | illformation.) |
Signed in
m y prcsencc, itt Strathalbya, this twentieth day of January,1854.
Re~istrar. |
B
- |
- | - | -- - |
Uicd in the District of Mitcharn. |
I | _ _-__ | I___.___ | - - | -- -- |
1 |
Place where
No. | When | Ka~no | and | IJsual | Canse oP | death oc- |
died. | Surnan~c. | Residel~cc. | Death. | curred. |
M y. 4 | James Trot | llale | 1 | ~ u t c l l w | Tvlitcham | Cholera | Mitcham |
l | l | l |
-- | - L- | - | - | ---P | -W | - |
I, Davit1 Noon, of Mitcliam, in thn Dist,ric?b of Mitcham, do c!nrtify tha t
the above particulars are correct
and | (Signaturv? of Informant). |
Sigaed in my pwsnnco at BXitolia~n, | this eightocnth day of Nay, |
J.\MEB, | District Registrar. |
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-----------p-.--- | - | - - | --p | - | - |
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1 Wlicu | 1 | ) Tract-, or | ' | Residence at | Name and Sur- | Church, Chilwl, |
Xo. nrsw~ed. | name to | Age | Czllioy. | l tlmc of llarriage. | n u ~ r | of | or other ylwe, |
- | - | - | I | - | ---- |
l~ ruu.
I - - - | - | - | - | - | --- | of both ptwticu. | -- | which solemnlzod | --- |
l
2 | Jan. H | John Proby | Edward Yrohy | St. Prtur's Cliuroh |
to | 1 | Mitdmm. |
Ellen Smith | I | 1 | Waltcr Smith | |
1 | l |
1
l
l | l | -- |
xarne. | 'I'mrle or |
Tliiy Marriage was | Calhng. |
7 | John Yroby. | I n the presence - | - | --- |
solemnircd bc-
,/Ellm Smith. | William Bull | Shocrnaher |
tween us
Thomw Perhcr | Pxr~rier |
The above-named John Proby andEllen
Smith were duly marricvl hy or beforemc, atthe timrnnd place
above-tlamed and in | Witness my |
hand this | Minister, or District Rcdstrar. |
a
do hereby certify that I have this day baptised by thename ofThomas (or tlcart
the lzarne of Thomas hath this day heen given t o ) a male child produced tome by
WiZIiam Green, as the son ofW&km Gvem andRebecca Green, and declared by the said William Green to havebeen born at on the day
Witness my hand this | day of | 1842. |
(Signed) | A.B. |
Minister or Deputy Registrar.
I, A.B., Deputy Registrar
of Births and Deaths in the District ofdo hereby certify that the death of
Henry Hastings was duly registered by me on
the | day of | 1842. |
Witness my hand this | day of | 1842. |
(Signed) | A. | B. Deputy Registrar. |
3"' |
do |
hereby order the burial of the body now shown to the Inquest-jury as the body of
Thomas Jones.
witness my hand this first day of December, 1842.
Medical Certz$cate of the Cause of Death.
Name
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(if | .. .. .. | I | I | I |
Professional Titles (if any)
Signed-?
0
0
0