No. 35. Wills proved within the Diocese, are kept; and shall make a Report $2 G. III. c. 146. to his Majesty's most Honourable Privy Council, of the State of the same, on or before the First Day of March following, setting forth in each Case whether the Buildings are in all Respects fit and proper for the Preservation of Papers of the above Description, as well with Respect to Space as to Security from Fire, and to Protection from Damp, and if not, at what probable Expence they can be made so; and where the Instruments and Papers before mentioned are kept in Dwelling-houses or other Places, which cannot be made fit and secure for the due Preservation thereof then and in such Case the Persons before named shall enquire and report in like Manner at what Expence proper Buildings may be provided, and in what Places, so as to have one Place within each Diocese for the due Preservation of all such Registers and Wills; together with their Opinion upon the most suitable Mode of remunerating the Officers employed in each Registry, for their additional Trouble and Expence in carrying the Provisions of this Act into Execution. (1.)

False Entries, or

dec Register Book.

XIV. And be it further enacted, That if any Person shall knowfalse Copies of Eu ingly and wilfully insert, or cause, or permit to be inserted in any tries, or altering, such Register Book of such Baptisms, Burials, or Marriages as aforesaid, or in any such Copy of any such Register so directed to b transmitted to the Registrars as aforesaid, any false Entry of any Matter or Thing relating to any Baptism, Butial, or Marriage, or shall falsely make, alter, forge, or counterfeit, or cause or procure, or wilfully permit to be falsely made, altered, forged, or counterfeited, any Part of any such Register, List, or Declaration, or of any such Copy of any such Register; or shall wilfully destroy, deface, or injure, or cause or procure, or permit to be destroyed, defaced, or injured, any such Register Book, or any Part thereof; or shall knowingly and wilfully sign, or certify any Copy of any such Register hereby required to be transmitted as aforesaid, which shall be false in any Part thereof, knowing the same to be false; every Person so offending, and being thereof lawfully convicted, shall be deemed and Transportation, adjudged to be guilty of Felony, and shall be transported for the Term of Fourteen Years.

Persons com

XV. Provided always, and be it enacted, That no Rector, Vicar, mitting accidental Curate, or Officiating Minister of any Parish or Chapel, who shall Errors not affect discover any Error to have been committed in the Form or Substance ed, if duly cor of the Entry in the Register Book of any such Baptism, Burial, or to Fruth of Case. Marriage, respectively by him solemnized, shall be liable to all or any

rected accordiag

of the Penalties herein-mentioned, (2.) if he shall within One Calendar Month after the Discovery of such Error, in the Presence of the Parent or Parents of the Child whose Baptism may have been entered in such Register, or of the Parties married, or in the Presence of Two Persons who shall have attended at any Burial, or in Case of the Death or Absence of the respective Parties aforesaid, then in the Presence of the Churchwardens or Chapel wardens, (who shall respectively attest the same) alter and correct the Entry which shall have been found erroneous, according to the Truth of the Case, by Entry in the Margin of the Book wherein such erroneous Entry shall have been made, without any Alteration or Obliteration of the original Entry, and shall sign such Entry in the Margin, and add to such Signature the Day of the Month and Year when such Correction shall be made: Provided also, that in the fair Copy of the Registers respectively which shall be transmitted to the Registrars of the

(1) No farther Legislative Provisions have been yet made in pursuance of this Clause.-(Feb. 1815.)

(2.) There are no Penalties, except the Felonies for wilful Acts in the preceding Section. See Note to Sec. 18.

Dioceses, the said Rector, Vicar, Curate, or Officiating Minister shall certify the Alterations so made by him as aforesaid.

XVI. Provided always, That Nothing in this Act contained shall

No. 35.

52 G. III. c. 146.

Fees heretofore

in any Manner diminish or increase the Fees heretofore payable or of payable Right due to any Minister for the Performance of any of the betorementioned Duties, or to any Minister or Registrar, for giving_Copies

of such Registrations, but that all due legal and accustomed Fees on Proviso for. such Occasions, and all Powers and Remedies for Recovery thereof,

shall be and remain as though this Act had not been made.

to Stamp Duty.

XVII. Provided also, and be it enacted, That no Duplicate or Copy of Register Copy of any Register of Baptism, Marriage, or Burial, made under Books not subject the Directions and for the Purposes of this Act, shall be chargeable with any Stamp Duty thereon; any Act now in Force to the contrary thereof in any wise notwithstanding.

ualties.

XVIII. And be it further enacted, That One Half of the Amount Application of Pe of all Fines or Penalties to be levied in pursuance of this Act shall go to the Person who shall inform or sue for the same; and the Remainder of such Fines as shall be imposed on any Churchwarden or Chapelwarden shall go to the Poor of the Parish or Place for which ach Churchwarden or Chapelwarden shall serve; and the Remainder of such Fines as shall be imposed on any Rector, Vicar, Minister or Curate or Registrar, shall be paid and applied to such Charitable Purposes, in the County within which the Parish or Place shall be, a shall be appointed and directed by the Bishop of the Diocese. (3.)

XIX. And be it further enacted, That the Rector, Vicar, Cu- List of extant Re te, or Officiating Minister of every Parish and Chapelry in England, gister Books transmitted to Regis whether subject to the Ordinary, Peculiar or other Jurisdiction, shall trar before first of transmit to the Registrar of the Diocese in which the Parish or Cha- June, 1818. pelry shall be situated, before the First Day of June, One Thousand Eight Hundred and Thirteen, a List of all Registers which now are H such Parish or Chapelry respectively, stating the Periods at which they respectively commence and terminate, the Periods (if any) for which they are deficient, and the Places where they are deposited.

Act to extend to

XX. And be it further enacted, That all and every the Provitions in this Act shall extend, so far as Circumstances will permit, to Churches and Cha Cathedral and Collegiate Churches, and Chapels of Colleges or Hos. pels not Parochial. pitals, and the Burying Grounds belonging thereto; and to the Ministers who shall officiate in such Cathedral or Collegiate Churches, and Chapels of Colleges or Hospitals, and Burying Grounds respectively, and shall baptize, marry, or bury any Person or Persons, although such Cathedral or Collegiate Churches or Chapels of Colges or Hospitals, or the Burying Grounds belonging thereto, may, not be parochial, or the Ministers officiating therein may not be, as tuch, parochial Ministers, and there shall be no Churchwarden or Churchwardens thereof; and in all such Cases, the Books hereinbefore directed to be provided, shall be provided at the expence of the Body having Right to appoint the Officiating Minister in every such Cathedral or Collegiate Church or Chapel of a College or Hospital; and Copies thereof shall be transmitted to the Registrar of the Diocese within which such Cathedral or Collegiate Church or Chapel of a College or Hospital shall be, by the Officiating Minister of such Church, in like Manner as is herein directed with Respect to paros chial Ministers, and shall be attested by Two of the Officers of such Church, College, or Hospital, as the Copies of parochial Registers

Marriage Act.

are herein directed to be attested by Churchwardens: Provided always, 26 Geo. II. c. 33. that Nothing in this contained shall extend to repeal any Provision Provise for.

(3.) This Section affords a singular Instance of inadvertance in the Composition of Acts of Parliament, there being no Fines or Penalties to which the Provision can be applied.

No. 35. contained in an Act passed in the Twenty-sixth Year of the Reign of G III. c. 146. his late Majesty King GEORGE the Second, intitled, An Act for better preventing Clandestine Marriages. (4.)

(4.) It would be desirable to make some Provision for the authentie Registration of Births, Deaths, and Marriages, which, by Reason of Dissent from the Established Church, are not included in the Purview of this Act.The Duty formerly imposed upon Baptism, &c. was in this Respect useful, TY 9 although on other Accounts properly repealed.-There are some very judicious Provisions respecting Registry in the Code Napoleon, under the Title "Acts of Civil State." Great Attention was paid to public Registers in France previous to the Revolution.

SCHEDULES to which this Act refers.

SCHEDULE (A)

1.

BAPTISMS solemnized in the Parish of St. 4. in the County of B. in the Year One Thousand Eight Hundred and Thirteen.

MARRIAGES solemnized in the Parish of St. A. in the County of B. in the Year One Thousand Eight Hundred and Thirteen.

SCHEDULE (C.)

1.

BURIALS in the Parish of A. in the County of B. in the Year
One Thousand Eight Hundred and Thirteen.

I

and Ireland,

SCHEDULE (D.)

do hereby certify, that I did on the

Day of

baptize according to the Rites of the United Church of England

his Wife, by the Name of

I

Son (or Daughter) of

To the Rector [or, as the Case may be] of

do hereby certify, that on the

A. B. of

aged

and

Day of was buried in [stating the Place of Burial,] and that the Ceremony of Burial was performed according to the Rites of the United Church of England and Ireland, hy

me,

To the Rector [or, as the Case may be] of

A. B.
C.D.}

SCHEDULE (E.)

To the Registrar of the Diocese of

at

Churchwardens (or Chapelwardens) of the Parish (or Chapelry) of

shall require.]

[or such other Description as the Case

No. 36.

53 Geo. III. c. 149.-An Act for the further Support and Maintenance of Stipendiary Curates.

[20th July, 1813]

$5 Geo. III. c. 149. WHEREAS an Act passed in the Twelfth Year of the Reign

c. 1.

36 Geo. 3. c. 83

Canon, Jac. I.

1603.

6

of her Majesty, ANNE, intituled An Act for the 12 Anne, Stat. 9. better Maintenance of Curates within the Church of England, and for preventing any Ecclesiastical Persons from buying the next Avoidance of any Church Preferment: And whereas another Act passed in the Thirty-sixth Year of the Reign of his present Majesty, 'intituled An Act for the further Support and Maintenance of Curates within the Church of England, and for making certain Regulations respecting the Appointment of such Curates, and the 'Admission of Persons to Cures augmented by Queen ANNE's Bounty, with respect to the Avoidance of other Benefices And whereas by a Canon or Ecclesiastical Constitution made in the Year of our Lord One Thousand Six Hundred and Three, in the Reign of his Majesty King JAMES the First, (1) it was provided, that no Curate should be permitted to serve in any Place without Examination and Admission of the Bishop of the Diocese, or Ordinary of the Place having Episcopal Jurisdiction, in Writing under his Hand and Seal, having respect to the Greatness of the Cure and Meetness of the Party; and that the said Curates and Ministers, if they remove from one Diocese to another, should not by any Means be admitted to serve without Testimony of the Bishop of the Diocese, or Ordinary of the Places as aforesaid whence they came, in Writing, of their Honesty, Ability and Conformity to the Écclesiastical Laws of the Church of Eng land; and that none should serve more than One Church or Chapel upon One Day, except that Chapel be a Member of the Parish Church, or united thereto, and unless the said Church or Chapel where such Minister should serve in Two Places be not able in the Judgment of the Bishop or Ordinary as aforesaid to maintain a Curate: And whereas the Provisions of the said Acts and Canon, and of the Laws in force with respect to Curates, have been found insufficient, and it is necessary that more effectual Provision should be made to secure a competent Maintenance to Curates, in order to insure the due and regular Performance of the Service of the Church of England in Parishes where Incumbents do not reside;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority Non-resident In of the same, That every Incumbent of or Person holding any Benecumbents neglect fice, Donative, Perpetual Curacy or Parochial Chapelry, who does not ing to appoint Cupot duly reside thereon (unless such Person shall do the Duty: of the same, having a legal Exemption from Residence, or a Licence to reside out of the same, or to reside out of the Parsonage House or Vicarage House, or other usual House of Residence belonging to the same), and who shall, for the Period of Six Months after the passing of this Act, or after his Induction of Appointment, or after the Death or Removal of a former Curate, neglect to nominate a proper Curate,

sates.

or

shall

(1.) The Canons of James I. where they are not merely declaratory of the ancient Canon Law, but are introductory of new Regulations, do not bind the Laity, (Str. 1057,) whatever Regard the Clergy may think proper to pay them.-1 Bl. Com. 83.