Registration of births, deaths and marriages (1856) (WA)
WESTERN AUSTRALIA.
AND DEMO NON° VICTORIIE REGIN/E,
No. XII.
An Ordinance for the better Registration of Births, Deaths, and Marriages hi the Colony of Western Australia.
| HEREAS it is expedient to provide for the better registra- Western Australia :—Be it therefore enacted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof :- | W | tion of Births, Deaths, and Marriages in the Colony of Preambk |
I. THAT from and after the time at which this Ordinance NO. 9 of 4th and 5th
| shall come into operation, the Ordinances No. 9 of 4th and 5th Vicota'l | hav | nd | No | . |
| Victoria, No. 17 of 10th Victoria, and No. 13 of 12th Victoria, be, p | repealed for | = |
and the same are hereby respectively repealed, save and exce pt so amendraent.
1856. 19th Viet. No. 12.
far as relates to proceedings and decisions which may have been
respectively had or given thereon.
IL THAT the words in the first column of the schedule here_
bear the meanings respectively used. and set against them in the
second column of the same schedule.
| Definitionof certain .t | words in schedule A. uu marked A, whenever used in this Ordinance, shall respectively |
| fish General RegistryGovernor may estab- III. THAT the Governor for the time being of the said colony and appoint Registrar may establish, by notice in the Gazette, an office for the general re- General. gistration of births, deaths and marriages in the Colony of |
Western Australia, and appoint a fit person, to be called the Registrar General, to perform the duties hereinafter imposed on him by this Ordinance.
| clamation divide Co- | Governor may by pro- IV. THAT the Governor, with the advice of the Executive |
| lony into Registry UCouncil,0 il, may, for the purposes of this Ordinance, by proclamation Districts. in the Gazette at any time before the 1st day of January, 1857, |
divide the colony into such and so many Registry Districts as he shall think fit, one of them being the Registry District of Perth, and may in like manner, by any subsequent proclamation, from time to time alter such division.
| Governor may ap- | V. THAT the Governor may from time to time appoint such |
point District Re-
| gistrars. | persons as he shall think fit to be District Registrars and Assis- tant District Registrars for such districts respectively. |
Provision in ease of VI. THAT in case of the absence of the Registrar General,absence of Registrar General or District the Governor may appoint a fit person to act in his stead, and Registrars, that in case of the absence of any District Registrar, the Assistant
District Registrar shall act in his stead, and shall, while so acting, have all the powers and duties, and be subject to all the provisions and penalties of and affecting the District Registrar.
| Registrar General | VII. | THAT the Registrar General may from time to time |
may issue regula-
| tions for manage- | issue regulations for the management of the general and district |
| ment of General | registries ; and such regulations, on being approved by the |
| Registry. | Governor and published in the Gazette, shall be as binding on. all persons affected thereby as if they formed part of this Ordi- nance. |
VIII. THAT the Registrar General and every District Regis
1856. 19th 'Viet. No. 12.
| trar shall, for the duties to be performed under this Ordinance or | Fees payable for Re- |
| the Ordinance of this session for regulating marriages, respec- | gistration, etc. |
| tively receive the several fees specified in the schedule hereto | District Registrars |
| marked B ; and all such fees shall be retained by such District | Ina)! retain feesto |
| Registrars to their- own use ; but the fees paid to the Registrar | their own use. |
| General, or in his office, shall be accounted for and paid by him to | Registrar General to |
| pay fees to Colonial | |
| the Colonial Treasurer, for the general revenue of the said colony. | Treasurer. |
| Registrar General to |
IX.
| THAT the Registrar General shall from time to time, at the public expense, furnish to every District Registrar books for | to |
| il:grtiriet Registrars'. | s |
the registry therein of births, deaths and marriages, and forms for certified copies thereof respectively; and also to every officiating minister, duly registered as such, a sufficient number in duplicate of °marriac,e registry books and forms. And every District Regis- trar shall inform himself carefully of every birth, death or mar: riage happening within his district, and shall, as soon as possible after the event, register the same respectively, and the particulars thereof, in such books, according to the respective forms contained therein or so furnished to him ; every entry to be made in order from the beginning to the end of the book, and every such book to be paged consecutively.
| THAT every District Registrar shall, on the first day of every month, transmit to the Registrar General duplicates of the | District Registrars to |
| transmit monthly to | |
| registers of births, deaths, and marriages made in his office during | Registrar General du- |
| the month preceding ; and all such copies shall be thereafter kept | plicates of Registers. |
| in the General Registry, in such order and manner as the Registrar General shall think fit, so that the same may be most readily seen and examined. |
X.
XI. THAT the Registrar General shall provide, at the public
expense, a seal or stamp for the General Registry, and for each District Registry office; and the Registrar General and District Registrars shall sign, and cause to be sealed or stamped there- Registrar General to
with, all certificates or certified copies ; and all certificates or cer- provide seals of office.
tified copies, so sealed, shall be received in all courts of justice as
evidence of the birth, death, or marriage to which the same may
relate, and of the other particulars therein recorded, without
further proof of such matters; and every certificate of the Regis-
trar General that any original register of births, deaths or marriages
for any specified period, and for any particular district, is lost or
destroyed, shall be received in any court of justice as conclusive
evidence of such loss or destruction.
| 19th Viet. No. 12. | 18=56. |
mi. THAT the Registrar General, upon receiving a requisition
| ing matrimony to re- Oster name, designa- of ri iating as such, under the hand of such minister or of the head011i dating | Ministers for eelebrat- in writing in the name of any Minister of Religion; and ordinarily |
| the denomination to which he belongs, (such writing specifying his religious denomination and designation and his residence, and desiring that he may be registered as a minister for celebrating marriages within the said colony,) shall forthwith, without fee or reward, register the name of such minister with the foregoing par. ticulars, in a register book to be kept by him expressly for that purpose. | specifying |
| ton, wa | wa |
XIII. THAT whenever any minister so registered shall cease
In ease of change of to reside in the Registrar's District within which his registered or
resilence, minister to
| register afresh. | last registered residence was situated, or shall not be properly desig. hated by 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 be) to be registered anew with the Registrar-General, or, in default thereof, such minister shall not be deemed registered according to the aforesaid Ordinance for regulat- ing marriages. |
XIV. THAT the Registrar General shall publish in the
Registrar General to Gazette, within one month after receiving the same, the name of
| publish names of | i- |
nisters so registered. every officiating minister which shall have been sent to such Re-
gistrar-General, in the manner and containing the particulars in that behalf aforesaid, and which shall have been by him registered accordingly.
Registrar General to XV. THAT the Registrar General shall also, in the month of
| publish•annually, Tanuary in every year, publish in the Gazette the names of all the | list o | f | all | such re | oisa- |
| trations. | Ministers then duly registered in his office, with their bdesiunations, denominations, and residences, distinguishing the Registry Districts within which such residences are situated respectively ; and every such annual publication shall be prima 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. |
| who have left the co- any registered minister is dead or has left the colony, or resides alNames of ministers | XVI. THAT whenever the Registrar General shall know that residing, or has ceased ordinarily to officiate as a minister, he shall omit the the name of such minister from the next annual publics,' tion of the names of registered ministers. |
| from such lists. | bony to be omitted another district than the one in which he was last registered as, |
1856. 19th Viet. No. 12.
XVII. THAT if any person shall cause his name to be regis-Penalty for
| tered under this Ordinance as an ordinarily officiating minister a min | religion, he being at the time not such minister, and knowing |
| himself not to be such, he shall be deemed guilty of a misdemeanour, • and be liable, on conviction, to such fine, not exceeding Two Hun- dred Pounds, or imprisonment, with or without hard labour, not exceeding two years, as the Court may award. |
XVIII. THAT it shall be lawful for any officiating minister, or Power given to offi.
| married, the several particulars required to be registered, touching to put questions toRegistrar | District Registrar, to ask of any person married, or about to be gtstigoettgefond | |
| ||
| hereby required to be registered. |
XIX. THAT the Registrar General shall keep, or cause to be indexes to be kept
| marriages in the said colony; and every District Registrar shall rgl strnadDeputyRe-Is. | kept, in the General Registry, indexes of all births, deaths, and by Registrar-Gene- |
| cause indexes of his register-books to be made and kept in his office. |
XX. THAT certified copies of registers, or of entries of regis- Certified copies of re-
| ters, made or given by the Registrar-General, or any District Re- g.ett.etres; | entries of |
| gistrar, and purporting to be signed by such officer respectively, shall ieesas s4rtzelejeca | elev | ie | - |
| be received as prima facie evidence in any Court of Justice within evidence. the said colony, of the fact of the birth, death, or marriage to which the same relates. |
XXI. THAT every person, on payment of the specified fee in
| that behalf mentioned in schedule B, hereto annexed, andgiving in search and demand a written memorandum of the particular entry which he desires to certified copies ofen. | f | teri es | on | payment | of |
| find or search for, shall be entitled, at reasonable holm, to be fixed by the regulations hereinbefore mentioned, to search any such in- dexes, 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 Registrar-General or District Registrar, as the case may be. |
XXII. THAT in each case of the birth of any child in the saidBirths must be re.
colony, the parent shall, within thirty days, and, in each case of the gistered withinthirtY
death of any person, the tenant of the house or place shall, within days'
| fourteen days, next thereafter respectively, inform the District Re- Deaths must be | re- |
| gistrar of such birth or death, and of all the particulars concerning | g | is | te | ea d | w | ithin four. |
| t | e | en | r | s | . |
| 19th Vict. No. 12. | 1856. |
the same, according to the form of registration hereinbefore re-
ferred to.
XXIII. THAT in every case of the arrival in the said colony of
| R | eg | istr | at | ion | of | bisr | th | ||
| c | f | oh | d | b | ro | ot |
|
XXIV. THAT it shall not be lawful for any District Registrar
| Not lawful for Dis- | to register the birth of any child after the expiration of six months |
| register birth after | following such birth,if in the said colony, or after the arrival therein |
| six months follow- | of the child, if born at sea, or out of the said colony ; and no re- |
| ing such birth, or | |
| after arrival of child | gister, or certified copy of a register of birth, made contrary to this |
| M the colony. | provision, shall be received in evidence to prove the birth of any child. |
trict Registrar to
XXV. THAT if any child whose birth shall have been regis-
tered, shall, at any time afterwards, have any name duly given to it,
Registration of name the parent shall, within fourteen days next thereafter, procure and
when given subse-quent to on in„. deliver to the District Registrar in whose custody the registry of the
gistration of birth. birth of such child may then happen to be, a certificate according
to the form in the schedule hereto, marked C, signed by the minis- ter or other person who shall have given such name ; which certifi- cate such minister or other person is hereby required to deliver whenever demanded, on payment to him of the fee of one shilling; and the District Registrar shall, upon receipt of such certificate, without any erasure of the original entry, forthwith register therein that the child was baptized by such name, or had such name given to it ; and shall thereupon certify upon the said certificate the addi- tional entry so made.
| child or dead 'bodyWhere tent-born shall be found exposed, the constable, in case of a new-born child, | XXVI. | THAT in ease any new-born child, or any dead body, |
is found, notice to and the coroner, or, if none such, the Resident or Police Magistrate be given to District of the District, in case of a dead body, shall forthwith inform theRegistrar.
District Registrar thereof, and of the place where the child or dead body was found ; and where an inquest or magisterial inquiry shall be held on any dead body, the coroner or magistrate, as the case may be, shall notify to the District Registrar the verdict of the Jury,
1856. 19th Viet. No. 12.
or the opinion of such magistrate, with all other particulars required to be registered concerning the death ; and such District Registrar shall make the entry accordingly.
XXVII. THAT every District Registrar, immediately upon re-
| gistering any death, or as soon thereafter as he shall be required so | On demand by un- |
| to do, shall, without fee or reward,delivertothe undertaker or other | dertaker, District |
| person having charge of the funeral a certificate, under his hand, ac- | him with certificateRegistrar to furnish |
| cording to the form in the schedule hereto marked D, that such | of registration of |
| death has been duly registered ; and such certificate shall be de- | death. |
| livered by such undertaker or other person to the minister or offi- ciating person who shall be required to bury or perform any religious service for the burial ; and if any dead body shall be buried for which no certificate shall have been so delivered, the person who | |
| Undertaker to de- | |
| shall bury the same, or perform any funeral or religious service for | liver suohcertificate |
| the burial, or who shall in any other way dispose of the body, shall | to the minister. |
| forthwith give notice of the facts to the District Registrar : Provid- ed always, that the Coroner or magistrate holding any inquest or inquiry upon any dead body for which no certificate shall have been delivered as aforesaid, may order the body to be buried, if he shall think fit, before registration, and shall, in such case, give a certifi- cate of his order in writing, under his hand, according to the form in the schedule hereto marked E, to such undertaker or other 'person having charge of the funeral; and every undertaker or other person who shall bury or otherwise dispose of any dead body, shall forthwith cause to be transmitted to the District Registrar a certificate thereof in the form or to the effect set forth in the sche- dule hereto marked F, countersigned by two respectable house- hotders. |
| XXVIII. | THAT nothing herein contained shall affect, or be | Nothing contained |
| deemed or construed to affect, the right of any officiating minister | in this Ordinance toaffect right of min- |
| to receive the fees usually paid for the performance of any religious | isters to usual fees. |
| rite of baptism, burial or marriage. |
XXIX. PROVIDED always, that if any error shall be disco-
vered to have been committed in the form or substance of any
| entry, it shall be lawful for the District Registrar to rectify such | Mode of rectifying |
| error in the margin, without any alteration of the original entry ; | errors inregistration, |
| provided the same be done in the presence of the parents of the child whose birth. may have been erroneously registered, or of the parties married, or of two persons who may have been attending |
| 19th Viet. No. 12. | 1856. |
upon any person in his or her last illnesss, or who can bear testi.
mony to the death of the same.
XXX. THAT every person, who shall offend against this Ordi-
Penalty
| P | ena | for | re | f | usi | n | g |
or neglecting to give nance by refusing or neglecting to give any notice or information
notice or information required by any of the foregoing sections, or by knowingly regia.
required by this Or- termg any birth or death contrary to the provisions of any of thedinance.
said sections, shall, for every such offence, forfeit a sum not less than
Two Pounds, nor exceeding Twenty Pounds.
XXXI. THAT every District Registrar who shall refuse, or,
| Penalty for District without reasonable cause omit, to register any birth, death, or | omittingto register; person having the custody of any register-book or certified copyRegistrar refusing, or marriage, of which he shall have due notice as aforesaid, and every | |
| or for negligently thereof, or of any part thereof, who shall negligently lose or injure | ||
|
for every such oftence.
XXXII. THAT every district Registrar who shall wilfully in
Penalty for District negligently omit to furnish the duplicates of registers hereinbefore
Registrar omitting required to be transmitted to the Registrar General on the first dayto furnish Duplicates
to Registrar-general. of every month, or neglect to do any of the matters hereinbefore
required to be done by him, shall, for each and every such offence, neglect, or default, forfeit and pay a sum not less than Two Pounds nor exceeding Ten Pounds.
XXXIII. THAT every person` who shall wilfully make, et
cause to be made, for the purpose of being inserted in any register
| false entries, dm. | Penalty for making of births, deaths, or marriages, any false statement touching any of |
the particulars herein required to be known and registered, shall be guilty of a misdemeanour, and, on conviction thereof, be subject to a fine not exceeding Two Hundred Pounds, with or without imprisonment with hard labour for any term not exceeding three years.
Penalty for wilful XXXIV. THAT every person who shall wilfully destroy sot try Books, &v. or any part or certified copy of any part thereof, or shall falselydestruction of Regis- injure, or cause to be destroyed or injured, any such register-book,
make or counterfeit, or cause to be falsely made or counterfeited; any part of any such register-book or certified copy thereof, et shall wilfully insert, or cause to be inserted, in any register book
1856 19th Viet. No. 12.
or certified copy thereof, any false entry of any birth, death, or marriage, or wilfully give any false certificate, or shall certify any writing to he a copy or extract of any register-book, "knowing the same register to be false in any part thereof, or shall forge or coun- terfeit the signature, or seal, or stamp of the Registrar-General, or of any District Registrar, or of any impression thereof, shall be guilty of felony, and, on conviction, shall be liable, at the discre- tion of the Court, to be sentenced to penal servitude for any term not exceeding five years.
| XXXV. | THAT all fines, forfeitures, and penalties imposed bye Fines | iScc. how to |
| this Ordinance, shall, unless otherwise provided, be recovered be rec'over'ed. | ' |
| before any two Justices of the Peace, in a summary way, upon the complaint of any person. |
| XXXVI. | THAT Sections A and E of the " | Shorteninoa Or- | b |
| part of, this Ordinance, to all intents and purposes, in as full annclo. g t;ntah ereSehor-• | dinancé, 1853," shall be incorporated with, taken: to form Adoption of Sections |
| and ample a manner as if the said sections had been introduced and fully set forth in this Ordinance. |
XXXVII. THAT this Ordinance shall commence and take Commencement of
| effect on the first day of August now next ensuing. | Ordinance, |
A. E. KENNEDY,
GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Legislative Council this
12th day of June, 1856.
HENRY WAREEORD,
Clerk of the Council.
| 19th Vict. No. 12. | 1856. |
Schedule A.
| WORDS. | MEANING. |
Gazette.—The Western Australian Government Gazette.
Gazetted.—Published in the Western Australian Government
Gazette.
.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 any Convict Es- tablishment, Depot, Road Party, Gaol, Prison, House of Correction, Hospital, Lunatic Asylum, or other public or charitable institution, the Head Officer or person in actual charge thereof.
Constable.—Chief or Head of Police in the District.
Seal.—Any seal, stamp, or die caused to be made by the Registrar.
General.
District Registrar.—Any District . Registrar or Assistant District
Registrar.
Schedule B.
Every search in an index (to be
| paid beforehand) | .. .. .. | Five shillings. |
| Every certified copy of an entry | Five shillings. |
| Every birth registered .. .. | One shilling. |
| Every marriage registered .. | Two shillings and sixpence. |
| Every death registered, | .. | One shilling. |
| Every correction of an entry | One shilling. |
| Every marriage performed by a |
| District Registrar .. .. | Forty shillings. |
1856. 19th Viet. No. 12.
Schedule C.
I, A.B., of, hereby certify, that I have this
| day baptized, by the name of Thomas, | omas, a male child produced to me |
by John Smith, as the son of John Smith and Mary Smith.
(Signature.)
Or,
I, A.B., of , do hereby certify, that I have this day given the name of Thomas to my male child, the son of John Smith and Mary Smith.
(Signature.)
Schedule D.
I, A. B., Registrar of Births, Deaths, and Marriages for the Dis-
| trict of | , do hereby certify that the death of William |
| Jones was duly registered by me on the | day of | 18 |
A. B.,
District Registrar.
Schedule E.
| I, A. B. Coroner for the District of | (or, Justice of the |
| Peace of | ) do hereby order the burial of the body now |
shewn to the inquest jury (or, to me) as the body of Thomas Doe.
| Witness my hand this | day of | 18 |
A. B., Coroner,
Or,
J. P. (as the case may be.)
Schedule F.
| A. B., of | Undertaker, do hereby certify that the |
| body of Thomas Snoops was on the | day of | 18 duly |
| 19th Viet. No. 12. | 1856. |
| buried at | and in the presence of the undersigned. |
(Signed) A. B., Undertaker.
(Countersigned)
C. D.,
| E. F., | Householders. |
TENTH, WESTERN AUSTRALIA; PRINTED RY AUTHORITY 01` THE GOYERMIIINT, BY STIRLING,
&wiz. COMXANY.
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