house of correction, or penitentiary house, or on any river, it shall be lawful 37 Geo. 3, e. 140. for any justice of the King's Bench, chief baron or baron of the Exchequer, of the degree of the coif, upon such intention of mercy, as aforesaid, being notified in writing by one of his majesty's principal secretaries of state, to allow to such offender the benefit of such conditional pardon as shall be expressed in such notification, in the same manner as if a conditional pardon had passed for that purpose under the great seal. And, if the condition be of transportation, or of transporting himself, such justice or baron shall make order as he might in cases under stat. 24 Geo. III. s. 2, c. 56. If the condition be of imprisonment, or being kept to hard labour, the pardon shall be allowed, as aforesaid; and such justice or baron shall order imprisonment or hard labour, according to the notification of pardon from such secretary, as he might do by the 19 Geo. III. c. 74.

to be filed in

By sect. 2, the justice or baron who shall allow such pardon, and make The pardon, &c. such order under such notification, shall direct the notification and his own K. B. order to be filed in the office of the Clerk of the Crown of the Court of

King's Bench.

clerk of crown

By sect. 4, the said Clerk of the Crown shall, upon the application of any Certificate from such offender who shall accept his Majesty's pardon, or of any other person to be proof of applying on his behalf, or on application of any person on the behalf of his pardon. majesty, deliver a certificate in writing under his hand, containing an account of the christian name and surname of such offender, of his offence, of the place where the court was held, before whom he was convicted, and of the terms and conditions on which pardon was given him; which certificate shall be sufficient proof of the conviction and sentence of such offender, and also of the terms on which such pardon was granted, in any court, and in any proceeding in which it may be necessary to inquire into the same.

Parent and Children.

As to the maintenance of children, see Vol. I. Bastards; post, Vol. IV. Poor. As to how far an assault may be justified in defence of parent and child, see Vol. I. Assault.

Parish Registers.

[52 Geo. III. c. 146. ; 4 Geo. IV. c. 76; 1 Wil. IV. c. 66.]

As to proof of marriages, see Vol. II. Evidence.

As to proof by registers, Vol. II. Evidence.

By stat. 52 Geo. III. c. 146, after reciting that "whereas the amending 52 Geo. 3, c. 146. the manner and form of keeping and of preserving registers of baptisms, marriages, and burials, of his Majesty's subjects in the several parishes and places in England, will greatly facilitate the proof of pedigrees of persons claiming to be entitled to real or personal estates, and be otherwise of great public benefit and advantage," it is enacted, that from and after the 31st of Officiating miDecember, 1812, registers of public and private baptisms, marriages, and nisters to keep burials, solemnized according to the rites of the united Church of England lic and private and Ireland, within all parishes or chapelries in England, whether subject to baptisms, of the ordinary, or peculiar, or other jurisdiction, shall be made and kept by the marriages, and rector, vicar, curate, or officiating minister, of every parish (or of any chapelry where the ceremonies of baptism, marriage, and burial, have been

And now, by stat. 4 Geo. IV. c. 76, s. 28, marriages are to be in the presence of two witnesses, and to be regis

tered and signed, &c. See the act in
full, ante, Marriage, vol. iii.

registers of pub

of burials.

usually and may, according to law, be performed), for the time being, in books of parchment, or of good and durable paper, to be provided by his Majesty's printer, as occasion may require, at the expense of the respective parishes or chapelries; whereon shall be printed, upon each side of every leaf, the heads of information herein required to be entered in the registers of baptisms, marriages, and burials, respectively; and every such entry shall be numbered progressively from the beginning to the end of each book, the first entry to be distinguished by number one; and every such entry shall be divided from the entry next following by a printed line, according to the forms contained in the schedule (A. B. C.) hereto annexed; and every page of every such book shall be numbered with progressive numbers, the first page being marked with the number 1, in the middle of the upper part of such page, and every subsequent page being marked in like manner with progressive numbers, from number 1 to the end of the book.

Sect. 2. And, for better insuring the regularity and uniformity of such register books, a printed copy of this act, together with one book so prepared, as aforesaid, and adapted to the form of the register of baptisms prescribed in the schedule (A.) to this act annexed; and also one other book so prepared as aforesaid, and adapted to the form prescribed for the register of marriages in the schedule (B.) to this act annexed; and also one other book so prepared as aforesaid, and adapted to the form prescribed for the register of burials in the schedule (C.) to this act annexed, shall be provided and transmitted by his Majesty's printer to the officiating ministers of the several parishes and chapelries in England respectively, who are hereby required to use and apply the same in and to the purposes of this act; and such books respectively shall be proportioned to the population of the several parishes and chapelries, according to the last returns of such population made under the authority of Parliament; and other books of like form and quality shall, for the like purposes, be furnished from time to time by the churchwardens or chapelwardens of every parish or chapelry, at the expense of the said parish or chapelry, whenever they shall be required by the rector, vicar, curate, or officiating minister, to provide the same; and all such books shall be of paper, unless required to be of parchment by such churchwardens or chapelwardens respectively.

Sect. 3. Such registers shall be kept in such separate books aforesaid; and every such rector, vicar, curate, or officiating minister, shall, as soon as possible after the solemnization of every baptism, whether private or public, or burial respectively, record and enter, in a fair and legible handwriting, in the proper register-book, to be provided, made, and kept, as aforesaid, the several particulars described in the several schedules herein-before mentioned, and sign the same; and in no case, unless prevented by sickness, or other unavoidable impediment, later than within seven days after the ceremony of any such baptism or burial shall have taken place.

in

Sect. 4. Whenever the ceremony of baptism or burial shall be performed any other place than the parish church or church-yard of any parish (or the chapel or chapel-yard of any chapelry, providing its own distinct registers), and such ceremony shall be performed by any minister not being the rector, vicar, minister, or curate, of such parish or chapelry, the minister who shall perform such ceremony of baptism or burial shall, on the same or on the next day, transmit to the rector, vicar, or other minister of such parish or

An entry in a register of baptism, as to the time of a child's birth, is not evidence of the age, Wihen v. Law, 3 Stark. 63. Nor is the register of the christening of a child in a particular parish evidence, when unaccompanied by other circumstances, that the child was born in that parish, Rex v. North Petherton, 5 B. & C. 508, 4 D. & R., M. C. 79, S. C. And an entry in the register-book by the minister of the

parish of the baptism of a child, which had taken place before he became minister or had any connection with the parish of which he received information from the parish-clerk, is not admissible in evidence, nor is the private memorandum of the fact made by the clerk who was present at the baptism. Doe d. Warren v. Bray, 8 B. & C. 812; and see further, ante, Evidence, Vol. II.

chapelry, or his curate, a certificate of such baptism or burial, in the form 52 Geo. 3, c. 146. contained in the schedule (D.) to this act annexed; and the rector, vicar, minister, or curate, of such parish or chapelry, shall thereupon enter such baptism or burial, according to such certificate, in the book kept pursuant to this act for such purpose, and shall add to such entry the following words: "According to the certificate of the Rev. , transmitted to me on

to be kept in custody of the officiating minister, in an iron vided at parish expense."

chest, to be pro.

Sect. 5. The several books wherein such entries shall respectively be Register-books, 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 resi dence 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 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, 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. Sect. 6. At the expiration of two months after the 31st of December, 1812, and at the expiration of two months after the end of every subsequent year, fair copies of all the entries of the several baptisms, marriages, and burials, which shall have been solemnized, or shall have taken place, within the year preceding, shall be made by the rector, vicar, curate, or other resident or officiating minister (or by the churchwardens, chapelwardens, clerk, or other person duly appointed for the purpose, under and by the direction of such rector, vicar, curate, or other resident or officiating minister), on parchment, in the same form as prescribed in the schedules hereunto annexed (to be provided by the respective parishes); and the contents of such copies shall be verified and signed in the form following, by the rector, vicar, curate, or officiating minister, of the parish or chapelry to which such respective register-book shall appertain :

I, A. B., rector [or, as the case may be] of the parish of C. [or," of the chapelry of D.”], in the county of E., do hereby solemnly declare, that the several writings herete annexed, purporting to be copies of the several entries contained in the several register-books of baptisms, marriages, and burials, of the parish or chapelry aforesaid, from the day of to the day of , are true copies of all

Annual copies of registers to be verified by the officiating minis

made, and to be

ter.

the several entries in the said several register-books respectively, from the said day
of
to the said day of
; and that no other entry during such
period is contained in any of such books respectively,* are truly made, according to the Sic.
best of my knowledge and belief.

(Signed)

A. B.

Which declaration shall be fairly written, without any stamp, on the said copy, immediately after the last entry therein; and the signature to such de claration shall be attested by the churchwardens or chapelwardens, or one of them, of the parish or chapelry to which such register-books shall belong.

the registrars of

Sect. 7. Copies of the said register-books, verified and attested as afore- Annual copies of said, shall, whether such parish or chapelry shall be subject to the ordinary, register-books to peculiar, or other jurisdiction, be transmitted by such churchwardens or cha- be transmitted to pelwardens, after they, or one of them, shall have signed the same, by the each diocese by post, to the registrars of each diocese in England, within which the church the churchor chapel shall be situated, on or before the 1st of June, 1814, and on or be- warden. fore the 1st day of June in every subsequent year.

52 Geo. 3, c. 146. Registrars to make reports to bishops whether the said copies have been sent

in.

In case of neg.

lect or refusal of

officiating minister to verify co

pies of the regis

ter-books, churchwardens

to certify the de

fault.

In places where

there is no church or cha.

pel, a memoran.

dum of every

baptism or burial

may be deli

vered to the off ciating minister of some adjoining parish.

Letters and packets, con. taining annual copies of regis.

Sect. 8. The registrar of every diocese in England shall, on or before the 1st of July, 1814, and on or before the 1st of July in every subsequent year, make a report to the bishop of such diocese, whether the copies of the registers of the baptisms, marriages, and burials, in the several parishes and places within such diocese, have been sent to such registrar, in the manner and within the time herein required; and, in the event of any failure of the transmission of the copies of the registers, as herein required, by the churchwardens and chapelwardens of any parish or chapelry in England, the registrar shall state the default of the parish or chapelry specially in his report to the bishop.

Sect. 9. In case the rector, vicar, or other officiating minister or curate, of any parish or chapelry, shall neglect or refuse to verify and sign such copies of such several register-books, and such declaration, as aforesaid, so that the churchwardens or chapelwardens shall not be able to transmit the same, as required by this act, such churchwardens or chapelwardens shall, within the time required by this act for the transmission thereof, certify such default to the registrar of the diocese within which such parish or chapelry shall be, who shall specially state the same in his report to the bishop of such diocese. Sect. 10. And, for the obtaining of returns and registers of baptisms and burials in extra-parochial places in England, where there is no church or chapel, it is enacted that, in all cases of the baptism of any child, or the burial of any person, in any extra-parochial place in England, according to the rites of the Established Church, where there is no church or chapel, it shall be lawful for the officiating minister, within one month after such baptism or burial, to deliver to the rector, vicar, or curate, of such parish immediately adjoining to the place in which such baptism or burial shall take place, as the ordinary shall direct, a memorandum of such baptism or burial, signed by such parent of the child baptised, or a memorandum of such burial, signed by the person employed about the same, together with two of the persons attending the same, according as the nature of the case may respectively require; and every such memorandum respectively shall contain all such particulars as are herein-before required; and every such memorandum delivered to the rector, vicar, or curate, of any such adjoining parish or chapelry, shall be entered in the register of his parish, and form a part thereof.

Sect. 11. The superscription upon all letters and packets containing the copies of such parish or other registers, to be transmitted by the post to the several offices of the said registrars, as aforesaid, shall be indorsed and signed ter-books, to go by the churchwardens or chapelwardens of every respective parish and chapelry in England, in the form contained in schedule E.; and all such letters and packets shall be carried and conveyed by means of his majesty's postoffice to, and be delivered at the offices of, the said registrars, without postage or other charge being paid or payable for the same.

free of postage.

Annual copies of register-books,

to registrars, to be sately kept from damage;

and alphabetical lists to be made.

Sect. 12. When and so often as the copies of the said register-books of When transmitted baptisms, marriages, and burials, as aforesaid, and also the said lists of births, baptisms, marriages, or burials, as aforesaid, shall be transmitted to the office of the said registrars respectively, as aforesaid, pursuant to the directions herein-before contained for that purpose, the said registrars shall respectively cause all the said books and lists to be safely and securely deposited, kept, and preserved, from damage or destruction by fire or otherwise, and to be carefully arranged, for the purpose of being resorted to, as occasion may require; and the said registrars respectively shall also cause correct alphabetical lists to be made, and kept in books suitable to the purpose, of the names of all persons and places mentioned in such books and lists as shall have been transmitted to the said registrars respectively; which alphabetical lists and books, and also the copies of registers and lists so transmitted to the said registrars, as aforesaid, shall be open to public search at all reasonable times, on payment of the usual fees.

Report to the
Privy Council

on or before 1st
March, 1813,

Sect. 13. And whereas in many dioceses the places wherein the copies of the parochial registers of baptisms, marriages, and burials, as well as the original wills proved within the same respectively, are kept, are insufficient

copies of regis.

wills, in each

registrars'

for their being preserved with due care, for which a remedy should be applied 52 Geo. 3, c. 146. in those dioceses where it shall be found necessary, it is enacted that, in respecting proorder to a due examination thereof, the bishop, together with the custodes per places for the rotulorum of the several counties within each diocese, and the chancellor Preservation of thereof, shall, before the 1st of February, 1813, cause a careful survey to be ter-books, as made of the several places in which the parochial registers, and the wills well as original proved within the diocese, are kept, and shall make a report to his majesty's diocese, and for most honourable Privy Council of the state of the same, on or before the 1st remuneration of day of March following, setting forth in each case whether the buildings are officers. 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 expense they can be made so; and where the instruments and papers before mentioned are kept in dwellinghouses, 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 inquire and report in like manner at what expense 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 expense in carrying the provisions of this act into execution.

Sect. 16. Nothing in this act contained shall in any manner diminish or Fees heretofore increase the fees heretofore payable or of right due to any minister for the payable not to be altered by this performance of any of the before-mentioned duties, or to any minister or re- act. gistrar, for giving copies of such registrations, but that all due, legal, and accustomed fees on such occasions, and all powers and remedies for recovery thereof, shall be and remain as though this act had not been made.

not subject to

Sect. 17. No duplicate or copy of any register of baptism, marriage, or Annual copy of burial, made under the directions and for the purposes of this act, shall be register-books chargeable with any stamp duty thereon; any act now in force to the con- stamp duty. trary thereof in anywise notwithstanding.

Sect. 18. One half of the amount of all fines or penalties to be levied in Application of pursuance of this act, shall go to the person who shall inform or sue for the penalties. 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 such 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, as shall be directed by the bishop of the diocese.

books to be trans

Sect. 19. The rector, vicar, curate, or officiating minister of every parish Lists of all exand chapelry in England, whether subject to the ordinary, peculiar, or other tant registerjurisdiction, shall transmit to the registrar of the diocese in which the parish mitted by the or chapelry shall be situated, before the 1st day of June, 1813, a list of all officiating minis registers which now are in such parish or chapelry respectively, stating the ter to the regis periods at which they respectively commence and terminate, the periods (if June, 1813. any) for which they are deficient, and the places where they are deposited.

trar before 1st

to churches and

Sect. 20. All the provisions in this act shall extend, so far as circumstances Provisions of will permit, to cathedral and collegiate churches, and chapels of colleges or this act to extend hospitals, and the burying-grounds belonging thereto; and to the ministers chapels not parowho shall officiate in such cathedral or collegiate churches, and chapels of chial. 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 colleges or hospitals, or the burying-grounds belonging thereto, may not be parochial, or the ministers officiating therein may not be, as such, 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 expense 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