ters. the nature of records," said Lord Mansfield, "and need not be Parish regisproduced, or proved by subscribing witnesses." (1) To prove a marriage, for instance, an examined copy of an entry is sufficient; this is proof of a marriage at a certain time, between two parties describing themselves by the names and places of abode there mentioned. The keeping of registries for entries of births and christenings commenced in the thirtieth year of the reign of Henry the Eighth, and was afterwards enforced by injunctions from Edward the Sixth and from Queen Elizabeth. (2) Registers also for the recording of burials and weddings were directed to be regularly kept, by one of the canons of the church. (3) But the fullest directions are given How kept. by the marriage-act; (4) which, after requiring registers to be kept as public books in every parish, for the purpose of registering marriages, enacts, that "immediately after the celebration of every marriage, an entry thereof shall be made in such register, in which entry or register it shall be expressed, that the marriage was celebrated by banns or licence; and if both, or either of the parties married by licence be under age, with consent of the parents or guardians, as the case shall be; and shall be signed by the minister with his proper addition; and also by the parties married, and attested by two credible witnesses." tered. By the canons of 1603, copies of parish registers in every Copies regisdiocese ought to be regularly transmitted once in every year to the diocesan or his chancellor; (5) a regulation extremely important, for the purpose of guarding the evidences of title and pedigree, but which has been so generally neglected as to make it necessary for the legislature to interpose, and pass an act for their better preservation. It is by this statute enacted, (6) that copies of the register books, verified by the officiating minister of the parish, shall be transmitted annually ters. Parish regis by the churchwardens, after they or one of them shall have signed the same, to the registrars of the diocese within which the church. is situated. (k) Effect of. Bigamy. Identity of party. Register of christenirs. Books not cognized. An entry of marriage in the parish register, made in the form prescribed by the act of parliament, is evidence that the persons therein named were married, on the day specified, by banns or licence, as the case may be. Such an entry is not essential to the validity of a marriage; so that, if it has been expressed in the regular form, the only consequence will be, that it cannot be admitted as evidence of the marriage, which must, therefore, be established by some other medium of proof. In a prosecution for bigamy, it will not be indispensably neces sary to prove the registration of either marriage: it is sufficient to prove the fact of marriage by a person present at the time. (1) (l) In order to prove that the parties described in the register, are the same parties whose marriage is in question, it must obviously be unnecessary to call either of the subscribing witnesses to the register; any evidence which satisfies the jury concerning their identity, will be sufficient; as, by proof of the similarity of their hand-writing, or that the bell-ringers were paid by them for ringing after the marriage, or by proof of other circumstances to ascertain the persons. (2) (m) An entry in a register of christenings, stating the year of the birth, is not evidence in support of a plea of infancy: (3) and the mere entry of christening, unaccompanied by any evidence showing that the person was young at the time of christening, does not prove the fact of birth in the parish. (4) (n) A book of Fleet marriages cannot be read as a register, not having been compiled under public authority, and is not legal (1) R. v. Allison, Russ. & Ry. Cr. C. 109. (2) Bull. N. P. 27. (3) Wihen v. Law, 3 Stark. N. P. C. 63. (4) R. v. North Petherton, 5 Barn. & Cress. 509. (k) See Note 781, p. 1147. (7) See Note 782, p. 1147. (m) See Note 783, evidence of a marriage. (1)(o) A copy of a register of baptism, Ship register. kept in the island of Guernsey, is not admissible in our courts of law; (2) nor is the copy of a register of a foreign chapel admitted here as proof of a marriage abroad. (3)(p) persons not named. Public registers are required by act of parliament to be kept for Registers of ships. the registering of ships; (4) and the register and certificate of regisrer are conclusive evidence of want of title, against those who Effect as to are not named in the register. Thus, in an action on a policy of insurance on freight, where the interest in a ship and its earnings. were alleged to be in four persons, who were partners in trade, two only of whom were named as owners in the register, in was decid ed, that the action could not be maintained, although it was proved as a fact, that the ship had been paid for by all the four partners: for as the plaintiffs claimed the freight only in right of ownership, they could not recover without proving that right; and it appeared conclusively from the register, that all the four partners had not a legal title to the ship. (5) Not evidence The register of a ship, then, is conclusive evidence, that persons, of ownership, who are not there named as owners, cannot legally be joint per so. owners; but the converse of the rule is not true, namely, that all persons who are named as owners in the register, are liable as such. Such registers are not recognized as public documents, to prove the ownership; and they are not evidence to fix the parties therein named as owners, in actions against them, unless they are shown to have been made by their assent or recognized by them. This point was decided in the case of Tinkler v. Walpole; (6) which was an action for goods sold (1) Reed v. Passer, Peake, N. P. C. 231. Lloyd v. Passingham, 1 Cooper, Ch. C. 155. (2) Huet v. Le Mesurier, 1 Cox. Cas. 275. Whitehead v Wynne, 1 Jac. & Walk. 483. (3) Leader v. Barry, 1 Esp. N P 333. C. 709. 14 East, 229. Marsh v. Robin (6) 14 East, 226. Cooper v. South and others, 4 Taunt. 802. Smith v. Fuge, 3 Campb. 456. Fraser v. Hopkins, 2 Taunt. 5. 2 Campb. 170, S. C. Teed v. Martin, 4 Campb. 90. Upon the same principle, an entry in books, kept in the office for licensing stagecoaches, is not any proof, that persons, named in the licence, are owners of a coach. Strother v. Willan, 4 (5) Camden v. Anderson, 5 T. R. Campb. 24. See also Ellis v. Watson, 2 Starkie, N. P. C. 453, 47S. (4) St. 26 G. 3, c 65. St 34 G 3, c. 68. The reader is referred, on this subject to Lord Tenterden's Treatise on shipping, ch. 2, p. 27. (0) Ece Note 785, p. 1149. (p) See Note 786, p. 1149. Ship register. and delivered for the use of a ship, against the defendant as one of the owners. At the trial of the cause, in order to prove the ownership of the defendant, two registers were offered in evidence, purporting to have been made on the oaths of the managing owner, who gave the order for the goods, and of two other partowners, swearing that they and others named, including the defendant, were owners of the ship; and it was insisted that these registers on account of their authenticity as public documents, required for public purposes, and obtained under the sanction of an oath, ought to be considered at least prima facie evidence to prove the defendant a part-owner. But Lord Ellenborough, C. J., who tried the cause, ruled that the evidence was not admissible, unless it could be shown that the defendant had assented to the register, or at least had recognized it. And this opinion was afterwards confirmed by the other Judges of the court. Upon the same principle, a register is not of itself evidence of a joint ownership, in support of the defendant's plea, that other persons, there named, are jointly liable with him; (1) nor is it evidence, that the ship is British-built, as there described. (2) So, in an action brought by the plaintiff as agent, on a policy of insurance, the register is not evidence to prove an averment, that the interest in the ship is in the persons there described. (3) The legislature has made the registration necessary to complete a title, but this Proof of pro- does not make it of itself proof of the title. Property in a ship may perty in ships. be proved now, as it was proved before the acts of parliament relat ing to registers; as, for example, by proof of acts of ownership, or by proving actual possession in the party, or in those to whom he has committed it, or in those from whom he has himself derived his title. Any one of these media of proof is sufficient prima facie evidence of ownership, without the aid of documentary proof or of title-deeds. (4) (1) Flower v. Young, 3 Campb. 240. (2) Reusse v. Meyers, 3 Campb. 475. (3) Pirie v. Anderson, 4 Taunt. 652. Robertson v. (4) 4 Taunt. 657. French, 4 East, 136. Hubbard v. Johnston, 3 Taunt. 177, 203. Amery v. Rogers, 1 Esp. N. P. C. 207. Thomas v. Foyle, 6 Esp. N. P. C 88 lic offices. Rate-books. It is enacted by st. 17 G. 2, c. 38, s. 14, that true copies of all Books in pubrates and assessments, made for the relief of the poor be entered in a book to be provided for that purpose by the church-wardens and overseers of the poor of every parish, &c. who shall take care, that such copies be entered accordingly within fourteen days after all appeals from such rates are determined, and shall attest the same by putting their names thereto; and every such book shall be carefully preserved by the church-wardens, &c., for the time being or one of them, in some public place, in every such parish, &c., whereunto all persons assessed or liable to be assessed may freely resort, and shall be delivered over from time to time to the new and succeeding church-wardens, &c., as soon as they enter into their offices, and shall be produced by them at the general or quarter sessions, when any appeal is to be heard or determined. ish indentures. The stat. 42 G. 3, c. 46, enacts, that the overseers of the poor Book for parof every parish shall provide and keep a book at the expense of the parish, and enter therein the name of every child, who shall be bound out by them respectively as an apprentice, together with the several other particulars, in the manner and form required by this act; and every such entry shall be produced and laid before the two justices of the peace, who shall signify their assent to the indenture of apprenticeship, at the time when such indenture shall be laid before them for that purpose, and each entry shall, if approved of, be signed by them according to the prescribed form. And in the third section, it is enacted, that any person may at all seasonable hours inspect such book in the hands of the said overseer, and take a copy of such entry; and every such book shall be deemed to be sufficient evidence in all courts of law in proof of the existence of such indentures, and also of the several particulars specified in the register respecting such indentures, in case it shall be proved, to the satisfaction of the Court, that the indentures are lost or destroyed. The register of the Navy-office has been admitted in evidence Books in pubto prove the death of a sailor; (1) the book from the master's (1) Bull. N P. 249. Rhode's case, 5 Esp. N. P. C. 117. See Barber v. 1 Leach, Cr. C. 29 Wallace v. Cook, Holmes, 3 Esp. N. P. C. 190. lic offices, &c. |