person who examined the copy with the original register being acquainted with the handwriting of the plaintiff and his wife, stated that the signatures to the register were in their handwriting, it was held sufficient evidence to prove the identity of the parties to the marriage (h). A baptism cannot be proved by a minute written at the time by the parish clerk, nor by an entry in the parish register made at a subsequent period by a succeeding incumbent, founded only upon such minute (i). And it seems doubtful whether a parish register not kept according to the canon (k), which requires weekly entries, or whether a copy, without proof that the original cannot be found, would be admitted in evidence (1). And a copy of a register of baptism in the island of Guernsey has been held to be insufficient evidence of a person's majority (m). But a parish register has been received as evidence notwithstanding the loss of a leaf, which did not destroy the series of entries (n). Such registers are considered for certain purposes as public books, and persons interested in them have a right to inspect and take copies of such parts of them as relate to their interest (o). 52 Geo. 3, c. 146, enacts by sect. 5, that "The several Custody of. books wherein such entries shall respectively be made, and all register books heretofore in use, shall be deemed to belong to every such parish or chapelry respectively, and shall be kept by and remain in the power and custody of the rector, vicar, curate or other officiating minister of each respective parish or chapelry as aforesaid, and shall be by him safely and securely kept in a dry well-painted iron chest, to be provided and repaired as occasion may require, at the expense of the parish or chapelry, and which said chest containing the said books shall be constantly kept locked in some dry, safe and secure place within the usual place of residence of such rector, vicar, curate or other officiating minister, if resident within the parish or chapelry, or in the parish church or chapel; and the said books shall not, nor shall any of them, be taken or removed from or out of the said chest, at any time or for any cause whatever, except for the purpose of making (h) Bain v. Mason, 1 C. & P. 202, per Tenterden; M. & M. 362. (i) Doe d. Warren v. Bray, 3 M. & R. 428; 8 B. & C. 813. (k) See Rex v. Bramley, 6 T. R. 330. (1) Walker v. Wingfield, 18 Ves. 443. (m) Huet v. Le Mesurier, 1 Cox, 275. (n) Walker v. Wingfield, 18 Ves. 443. (0) 2 Ld. Raym. 851; 2 Stra. 954. Stamp duty on extracts. By whom duty to be paid, may be denoted by adhesive stamp. Non-parochial registers. such entries therein as aforesaid, or for the inspection of persons desirous to make search therein, or to obtain copies from or out of the same, or to be produced as evidence in some court of law or equity, or to be inspected as to the state and condition thereof, or for some of the purposes of this act; and that immediately after making such respective entries, or producing the said books respectively for the purposes aforesaid, the said books shall forthwith again be safely and securely deposited in the said chest." By The Stamp Act, 1870 (33 & 34 Vict. c. 97), schedule, the following duty is imposed : "Copy or extract" (certified) of or from any register of births, baptisms, marriages, Exemptions. .00 1 (1.) Copy or extract furnished by any clergyman, registrar or other official person pursuant to and for the purposes of any act of parliament, or furnished to any general or superintending registrar under any general regulation. (2.) Copy or extract for which the person giving the same is not entitled to any fee or reward. By sect. 80," The duty upon a certified copy or extract of or from any register of births, baptisms, marriages, deaths or burials is to be paid by the person requiring the copy or extract, and may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the copy or extract is signed before he delivers the same out of his hands, custody or power." Before the establishment of a national civil registration by 6 & 7 Will. 4, c. 86, neither in the ecclesiastical nor in the temporal courts were copies of registries of dissenting chapels, or of records not preserved in legally recognized official custody, allowed to be pleaded as evidence. Not admissible Sir John Nicholl said, "The books themselves might be in evidence. produced at the hearing of the cause (p) and made evidence to a certain extent." The temporal courts, on the other hand, had refused in several instances to allow the birth of a child or the death of a person to be proved from the registers of Dissenters (q). The great inconvenience resulting from this rule of law caused a commission to be issued in 1836, for the purpose of ascertaining what remedy might best be applied to the evil. The history of the commission, and the very curious (p) Newman v. Raitby, 1 Phill. 483; Whittuch v. Waters, 4 C. & P. 375. fruit of their investigation, will be found in their report laid before parliament on the 18th of June, 1838, which produced on the 10th of August, 1840, the statute of 3 & 4 Vict. c. 92. This act, after reciting the object of 3 & 4 Vict. the commission, and the nature of its report, proceeds to c. 92. enact as follows: "The registrar-general of births, deaths and marriages Certain rein England shall receive, and deposit in the general register gisters to be office, all the registers and records of births, baptisms, the custody of deposited in deaths, burials and marriages now in the custody of the the registrarcommissioners appointed by her Majesty as aforesaid, and general. which they have by their said report recommended to be kept in some secure place of deposit, and also the several registers and records mentioned in the schedules (H), (I), (P) and (Q), annexed to the said report of the said commissioners, and also such other registers as are hereinafter directed to be deposited with him: provided that none of Proviso as to the said registers or records not already in the custody of registers not the said commissioners shall be received by the registrargeneral, unless the person or persons now having the custody thereof shall, within three calendar months from the passing of this act, send the same to the said commissioners for examination by them." By sect. 2, the commissioners were continued for a year, and were enabled to certify further registers and records to be received and deposited in the same way. received. Sect. 5. "The registrar-general shall cause lists to be Lists to be made of all the registers and records which may be placed made; in his custody by virtue of this act; and every person which shall be shall be entitled, on payment of the fees hereinafter men- open to search; tioned, to search the said lists, and any register or record therein mentioned, between the hours of ten in the morning and four in the afternoon of every day, except Sundays and Christmas Day and Good Friday, but subject to such regulations as may be made from time to time by the registrar-general, with the approbation of one of her Majesty's principal secretaries of state, and to have a certified extract of any entry in the said registers or records, and for every search in any such register or record shall be paid the sum of one shilling, and for every such certified and certified extract the sum of two shillings and sixpence, and no extracts had therefrom. more." Sect. 6. "All registers and records deposited in the Registers general register office by virtue of this act, except the deemed in registers and records of baptism and marriages at the and shall be Fleet and King's Bench Prisons, at May Fair, at the receivable in legal custody, evidence. Certified extract to be siastical courts; Mint in Southwark (r) and elsewhere, which were deposited in the registry of the Bishop of London in the year one thousand eight hundred and twenty-one, as hereinafter mentioned, shall be deemed to be in legal custody, and shall be receivable in evidence in all courts of justice, subject to the provisions hereinafter contained; and the registrar-general shall produce, or cause to be produced, any such register or record, on subpoena or order of any competent court or tribunal, and on payment of a reasonable sum, to be taxed as the court shall direct, and to be paid to the registrar-general, on account of the loss of time of the officer by whom such register or record shall be produced, and to enable the registrar-general to defray the travelling and other expenses of such officer." Sections 9 to 19 provide for the receipt of the registers or extracts therefrom as evidence in the several courts. Sect. 16, as to the ecclesiastical courts, is as follows: "In case any party shall intend to use in evidence in any ecclesiastical court, or in the High Court of Admiused in eccle- ralty, any extract, certified as hereinbefore mentioned, he shall plead and prove the same in the same manner to all intents and purposes as if the same were an extract from a parish register, save and except that any such extract, certified as hereinbefore mentioned, shall be pleaded and received in proof without its being necessary to prove the collation of such extract with the original register or record: provided always, that the judge of the court, on cause shown by any party to the suit (or of his own motion when the proceedings are in panam), may, after publication, issue a monition for the production at the hearing of the cause of the original register or record containing the entry to which such certified extract relates." and the judge may order the production of the original. By sect. 20, "The several registers and records of baptisms and marriages performed at the Fleet and King's Bench Prisons, at May Fair, and at the Mint in Southwark, and elsewhere, which were deposited in the registry of the Bishop of London in the year one thousand eight hundred and twenty-one, by the authority of one of his late majesty's principal secretaries of state, shall be transferred from the said registry to the custody of the registrargeneral, who is hereby directed to receive the same for safe custody provided nevertheless, that none of the provisions hereinbefore contained respecting the registers and (r) These registers have never been received in evidence; Read v. Passer, 1 Esp. 213; Peake, Ca. 303; Doe v. Gatacre, 8 C. & P. 578. records made receivable in evidence by virtue of this act shall extend to the registers and records so deposited in the registry of the Bishop of London in the year one thousand eight hundred and twenty-one as aforesaid." On the 9th of August, 1841, the commissioners made their final report as provided for in the 2nd section. By 21 & 22 Vict. c. 25, reciting that a second commis- 21 & 22 Vict. sion had been issued in the twentieth year of her Majesty c. 25. to examine into non-parochial registers and records, and had received 292 such registers or records, of which they had certified 265 to be accurate and faithful, though in some cases only in parts thereof, the registrar-general is ordered (by sect. 1) to receive and deposit these registers and records; and they are made subject to all the provisions of 3 & 4 Vict. c. 92. By sect. 2, certain registers or records, sent in too late for the commissioners to report upon, are to be examined by three or more persons appointed by the secretary of state; and, if approved by them, are to be treated in like manner with those previously mentioned. Registers of births, baptisms, burials and marriages of Registers British subjects beyond seas kept at British embassies abroad. and factories have been from time to time transmitted to the Registry of the Consistory Court of London and are there preserved (s). By the Act for registering Births, Deaths and Marriages in England, 6 & 7 Will. 4, c. 86, it is provided as follows: Sect. 49. "Nothing herein contained shall affect the regis- Saving clause. tration of baptisms or burials as now by law established, or the right of any officiating minister to receive the fees now usually paid for the performance or registration of any baptism, burial or marriage." Name given in baptism may be registered birth. Sect. 24. "If any child born in England whose birth shall have been registered as aforesaid shall, within six calendar months next after it shall have been so registered, have within six any name given to it in baptism, the parent or guardian months after of such child, or other person procuring such name to be registration of given, may, within seven days next after such baptism, procure and deliver to the registrar or superintendent registrar, in whose custody the register of the birth of the child may then happen to be, a certificate, according to the form of schedule (G.) to this act annexed, signed by the minister who shall have performed the rite (8) See Report of the Commissioners of 1838; see, too, Taylor on Evidence, 5th ed., ss. 1339, |