1005 



REGISTER ACT. 



REGISTRATION. 



:ooe 



affecting land, in order to secure titles against the loss or destruction, 

 or the fraudulent suppression, or accidental non-production of instru- 

 ments ; to simplify titles by rendering in moat cases needless the 

 assignment of outstanding terms ; to protect them from the con- 

 sequences of constructive notice ; and to render conveyances shorter 

 and more simple. 



To a certain extent such registers have been already established in 

 England. By the 27 Henry VIII., c. 16, it is enacted that all bargains 

 and rale* of land shall be enrolled. [BARGAIN AND SALE.] The 2 & 3 

 Anne, c. 4 (amended by 5 Anne, c. 18) directs that a memorial of all 

 deeds, conveyances, and wills concerning any lands in the West Riding 

 of Yorkshire may, at the election of the parties, be registered ; and 

 that any conveyance or will aftecting the same lands shall be deemed 

 void against. a subsequent conveyance unless a memorial shall be 

 registered. The 6 Anne, c. 35, recites that " lands in the East Riding 

 rk, and in the town and county of the town of Kingston-upon- 

 Hull. are generally freehold, which may be so secretly transferred or 

 conveyed from one person to another, that such as are ill disposed have 

 it in their power to commit frauds, and frequently do so, by means 

 whereof several persons (who, through many years' industry in their 

 trade* and employments, and by great frugality, have been enabled to 

 purchase lands, or to lend moneys on land security) have been undone 

 in their purchases and mortgages by prior and secret conveyances and 

 fraudulent incumbrances ; and not only themselves, but their whole 

 families thereby utterly ruined ;" and then the Act establishes a 

 register of the memorials of deed* and wills in the East Hiding of 

 Yorkshire. The 7 Anne, c. 20, establishes such a register for Mi-ldlf- 

 ex ; and the 8 George II., c. 6, establishes one for the North Riding 

 of Yorkshire, and provides that deeds, wills, and judgments affecting 

 Und may be registered at length, instead of the registration of mere 

 memorials of them. In the Bedford Level too there is a registration 

 of all deeds affecting land there. These registers, owing to the insuffi- 

 ciency of their indexes, and to some other defects, do not answer all 

 the purpose* which might be expected from them, and in many 

 respect* their arrangement* are cumbrous and expensive : nevertheless 

 no one ha* proposed to abolish them. A registration of wills has 

 long been established, not certainly upon a good plan, since it is not 

 always possible to say beforehand in what court a will has been proved, 

 but nevertheless with great advantage. The Act for Abolishing Fines 

 and Recoveries (344 Win. IV., c. 74) substitutes for them a deed 

 which' is enrolled in the Court of Chancery. In Ireland, in the 

 Colonies, in most of the United State*, in Sweden, France, and 

 Italy, and in many of the Herman States, registers are established. 

 it found that the disclosures which a register makes of the state 

 of landholders' property produce inconvenience, even supposing such 

 disclosure* inseparable (which they are not) frum all systems of 

 registration. It is obviously for the public benefit that the apparent 

 extent of a person's landed property should not induce men to give 

 him a credit to which the actual amount of that property does not 

 entitle him. 



It in clear then that if a register 1* established, which must be 

 sooner or later, it ought to be taken a* sufficient notice of the docu- 

 ment* registered ; and that on the other hand default of registration 

 ought not to be remedied by any proof even of actual notice. 



Act 1 ft 2 Viet. c. 110 provide* that no judgment of the superior 

 court*, or decree of the court* of equity, shall affect lands unless a memo- 

 randum thereof be registered in the Court of Common Pleas. It also 

 enact* that no pending suit (lis pendens) nball affect the purchaser or 

 mortgagee with notice, unles* a similar memorandum is registered, this 

 entry also being renewed every five years. The Act also requires crown 

 debtor* to be registered in the same office, and provides means for 

 obtaining and recording their discharge from their liabilities to the 

 crown ; but the Act does not require the renewal every five yean of 

 the entry in this case. 



Persons becoming purchasers and mortgagees since the passing of the 

 Act 23 ft 24 Viet. c. 38 (23rd July, 18'KJ), are not even affected by this 

 registration of judgment*, however, unles* process of execution be also 

 taped and registered before the date of the conveyance or mortgage, 

 and enforced within three calendar month* after such registration. 

 11 ACT. [SBIPPINO.] 



mox OF lilKTHS. DEATHS, AND MARRIAGES. 

 Parish registers were not kept in England till after the dissolution of 

 the monasterie*. The VJth article of the injunctions issued by 

 well, Henry VIII. 's secretary, in 1838, directs that every clergy- 

 man shall, for every church, keep a book wherein he shall register 

 weekly every marriage, christening, and death ; any neglect being made 

 penal. In the first year of the reign of Edward VI. (1547), eccle- 

 siastical visitors were sent through the different dioceses in onVr to 

 enforce various injunctions, and, among others, that of Cromwell with 

 respect to parish registers. In the beginning of Elizabeth's reign this 

 injunction was repeated, when the clergy were required to make a 

 protestation in which, among other things, they promised to V 

 register t"xik in a proper and regular manner. In 1''.'4 an Act 

 (8 & 7 Win. III. o. 6) for a general registration of marriages, births, 

 and death*, was pond merely for purposes of revenue : it is entitled 

 ' An Act for granting to his Majesty certain rates and duties upon 

 Hwriages, Births, and Burials, and upon bachelors and widowers, for 

 the term of fire years, for carrying on the war against France with 



vigour." It is a very long Act, in which the duties are minutely set 

 down. A supplementary Act was passed (9 Wm. III. c. 32), entitled 

 " An Act for preventing frauds and abuses in the charging, collecting, 

 and paying the duties upon marriages, births, burials, bachelors, and 

 widowers." The 52 Geo. III. c. 146 (28 July, 1812), entitled "An 

 Act for the better regulating and preserving parish and other registers 

 of births, baptisms, marriages, and burials in England," made some 

 alteration in the law, chiefly with reference to having the books made 

 of parchment or strong paper, and to their being kept in dry and well- 

 painted iron chests. 



The Registration Act (6 & 7 Wm. IV. c. 86 : 17 Aug., 1836), 

 entitled " An Act for registering Birtha, Deaths, and Marriages, in 

 England," came into operation July 1, 183". By tlie 44th section of 

 the 6 & 7 Wm. IV. c. 85, entitled ' An Act for Marriages in England," 

 the provisions of this Registration Act are extended to the Marriage 

 Act, and some further facilities and regulations were given by the 19 

 * 20 Viet. c. 119. 



The most important provisions of these Acts are the following : A 

 general registry -office provided in London at Somerset House. Annual 

 abstract of registers to be laid before parliament. Register-offices 

 to be provided in each union by the guardians, and to be under the 

 care of the superintendent-registrar. Registrar and deputy to dwell in 

 the district, and their names and additions to be put on their dwelling- 

 houses. Register-books to be provided by the registrar-general, for 

 making entries of all births, deaths, and marriages of his majesty's 

 subjects in England, according to prescribed forms. Registrars 

 authorised and required to inform themselves carefully of every birth 

 and death which shall happen within, their district, and to learn and 

 register as soon after the event as conveniently may be done, the 

 particulars required to be registered touching every birth or every 

 death. Parents and occupiers, within forty-two days after birth and 

 five after death, to give notice thereof to registrar ; and owners and 

 coroners to do so forthwith in cases of foundlings and exposed dead 

 bodies. Parents and occupiers, on being required by the registrar, 

 within forty-two days, to give all the particulars required to be 

 registered respecting birth. Children born at sea to be registered by 

 the captain. After the expiration of forty-two days from the birth of 

 the child, it can only be registered within six months, on the solemn 

 declaration of the particulars before the superintendent-registrar, who 

 is to sign the entry, and to receive 2. 6d. and registrar 5s , extra fee ; 

 and no registration, after forty-two days, shall be made otherwise than 

 as above, under a penalty of dOl. Births are not to be registered after 

 six months, and no registration after that date is to be received as 

 evidence. Name given in baptism may be registered within six months 

 after registration of birth, on production of a certificate by the 

 minister. Some person present at death, or occupier of house, is 

 required to give particulars of death, on application by registrar, within 

 eight days ; registrar to make entry of finding of jury upon coroner's 

 inquests. Registry of persons dying at sea, containing particulars, to 

 be kept by the captain. Registrar to give certificate of death to 

 undertaker, who shall deliver the same to the minister or officiating 

 person, and unless such certificate is delivered the minister must give 

 notice to the registrar ; but the coroner may order body to be buried, 

 and give certificate thereof; and if any dead body shall be buried 

 without certificate of registry or of inquest, and no notice given to the 

 registrar within seven days, the party forfeits lOt Every register 

 must be signed by the informant. Registrars to make out accounts 

 quarterly, to be verified by the superintendent, and are to be paid by 

 the guardians, as directed. Marriage register books to be pro\ided by 

 the registrar-general for ministers. Marriage registers to be kept in 

 duplicate, and every entry shall be signed by the clergyman, or the 

 registering officer, or secretary of Quakers and Jews, by the persons 

 married, and by two witnesses. Certified copies of registers of births 

 and deaths to be sent quarterly, and the register-books when filled, to 

 the superintendent-registrar. Duplicates and certified copies of 

 registers of marriages to be sent to superintendent-registrar. Super- 

 intendent-registrars to send certified copies of registers to the general 

 register-office. Searches may be made and certificates given by the 

 persons keeping the registers, on payment of the fees prescribed. 

 Indexes to be kept at general register-office, searches allowed, and 

 certified copies given. Certified copies (certificate to bear a penny 

 stamp, to be also paid for by the applicant) given at general register- 

 office to be sealed, and shall then be evidence without farther proof. 

 Ministers, &c. may ask parties married the particulars required to be 

 registered ; and wilfully giving false information is perjury. The 

 penalty for not duly registering births, deaths, and marriages, or for 

 losing or injuring the registers is not to exceed >6l. The penalty for 

 destroying or falsifying register-books, or entries therein, or giving 

 false certificates, is felony. Accidental errors may be corrected, within 

 one month, in the presence of the parties. 



Another Act was passed (1 Viet. c. 22 June 30, 1837), entitled 

 " An Act to explain and Amend two Acts passed in the last session of 

 Parliament, for Marriages, and for registering Births, Deaths, and 

 Marriages, in England." This Act consists chiefly of arrangements 

 necessary to extend and improve the provisions of the registration 

 Act. 



Previous to the Registration Act coming into operation it was 

 necessary to divide the country into districts of convenient sine for 



