to the form in Schedule D.) must be forwarded to the parish minister, who will enter such baptism or burial according to the certificate (sect. 4); but this latter provision does not apply to burials in burial grounds provided under the Burial Acts (y). The register books must be kept in the custody of the parish minister in a dry, well-painted, iron chest under lock and key, and in a secure place. They are to be deemed to belong to the parish (sect. 5). Copies of the entries for the year preceding must be made at the expiration of two months after the end of every year on parchment, and in the prescribed form by the minister or under his direction, and must be signed by him and attested by one of the churchwardens (sect. 6). These copies are to be transmitted by the churchwardens through the post (post free) to the registrar of the diocese (sect. 7). In extra-parochial places, the officiating minister may deliver a memorandum of baptisms and burials to the minister of such immediately adjoining parish as the ordinary may direct (sect. 10). Making false entries in or injuring the register is felony (≈); but a minister committing accidental errors is not punishable, provided he shall, within one month after discovering such error, in the case of a baptism, in the presence of the parent or parents of the child, and in the case of a burial, of two persons who attended it, or in case of death or absence of such parties, of the churchwardens (who shall attest the same), correct the entry according to the truth of the case by entry in the margin, and shall sign and date the entry (sect. 15). This statute only applies to baptisms and burials according to the rites of the Church of England, but by subsequent Acts there are provisions for the registration of all burials, the duty being (where not otherwise provided for) thrown on the company, body, or persons to whom the burial ground belongs, or on the relatives of the deceased, and the register books are directed to be sent to the registrar of the district (a). (y) 20 & 21 Vict. c. 81, s. 16. (a) See 3 Steph. Com. 249; and BURIAL. In 1836, a civil system of registration of births, marriages, and deaths came into operation. With the registration of births and deaths (b) the clergy have nothing to do, but their duties as registrars of marriages are defined by the new law. The registrar-general furnishes marriage register books and forms for certified copies to church incumbents (and to the proper officers of the Quakers and Jews). Every clergyman (and registering officers of Quakers and Jews have similar duties) shall, immediately after every marriage, register in duplicate in two of the marriage register books the several particulars according to the form in Schedule C. to the Act, and every such entry shall be signed by the clergyman, and by the parties married, and by two witnesses; and shall be made in order from the beginning to the end of each book; and the number of the place of entry in each duplicate register book shall be the same (c). Every incumbent shall, in the months of April, July, October, and January, make and deliver copies certified by him to the superintendent registrar of the district, and if there shall have been no marriage entered since the last certificate, shall certify the fact under his hand (d); and one copy of every such register book, when filled, shall be delivered to the superintendent registrar, and another copy shall be kept by the incumbent with the registers of baptisms and burials (e). The incumbent must allow searches to be made at all reasonable times, and shall give a copy certified under his hand on payment of the following fees, viz., for searches, 1s. for the first year and 6d. for every additional year, and 2s. 6d. for every single certificate (f) (stamp duty, 1d. (g)). This does not authorize any charge for extracts made by the person searching. The searcher is not entitled to remain an unreasonable time looking at the registers, and probably he is not entitled to have the book in his hand (h). Searches (b) As to this, see 37 & 38 Vict. c. 88. (e) 6 & 7 Will. 4, c. 86, s. 31. (d) Ibid. s. 32. (e) Ibid. s. 33; and see ante. (f) Ibid. s. 35. (g) For exemptions, see STAMP DUTIES. (h) Steele v. Williams (1853), 22 L. J. Ex. 227. can also be made at the general registry office at Somerset House. The penalty for every person who, without reasonable cause, omits to register a marriage solemnized by him is 507., and the like penalty is incurred by every person having custody of a register or a certified copy who carelessly loses or injures it (i). Wilfully injuring or falsifying any register is felony (k). All registers deposited in the general registry office, whether parochial or non-parochial (except the registers of baptisms and marriages at the Fleet and King's Bench prisons, at Mayfair, at the Mint, in Southwark, and elsewhere), are deemed to be in legal custody, and are receivable in evidence in all courts of justice, subject to the provisions. of the Acts (7). REGISTRAR'S CERTIFICATE is to all intents and purposes equivalent to banns (m). It is obtained by one of the parties giving notice under his or her hand to the superintendent registrar of the district within which the parties shall have dwelt for not less than seven days then next preceding; or if the parties dwell in the districts of different superintendent registrars, by giving the like notice to the superintendent registrar of each district (n). There is a prescribed form of notice (0), which contains a solemn declaration of belief that there is no impediment to the marriage, &c. Persons wilfully making a false declaration are guilty of perjury. The notice when given is entered in "The Marriage Notice Book," kept by the registrar (fee 1s.). This book is open for inspection to all persons without fee. The notice, or a copy of it, is publicly exhibited in the registrar's office for twenty-one days, and then the registrar (in the absence of any impedi 37. (i) 6 & 7 Will. 4, c. 86, s. 42. (1) 3 & 4 Vict. c. 92, s. 6; 21 & 22 Vict. c. 25. (m) 1 Vict. c. 22, s. 36. (n) 6 & 7 Will. 4, c. 85, s. 4; as to licence, see 19 & 20 Vict. c. 119, 8. 6. (0) See Sched. A. to 19 & 20 Vict. c. 119. ment) issues his certificate in the prescribed form (p). The issue of the certificate may be forbidden by any person whose consent would have been required by law to the marriage if by ecclesiastical licence, and he may do so by writing "forbidden" against the entry in the Marriage Notice Book (q). And at any time within three calendar months (after which the whole proceedings are void) after the day of entry of the notice the marriage may be solemnized under the authority of the certificate, either according to the rites of the Church of England, or in any of the other ways now allowed by Act of Parliament (r). The Church in which the marriage is to be solemnized must be in the district of the superintendent registrar who granted the certificate (s). The registrar may also issue a certificate with license to marry, but this does not apply to Church of England marriages (†). RELIGIOUS HOUSES (abbeys, priories, convents, monasteries, nunneries, and retreats), were mostly dissolved by Henry VIII., though the alien priories, that is, religious houses filled by foreigners only, had been dissolved previously (u). There is no legal objection in the present day to persons voluntarily binding themselves together to live under the old monastic rules of poverty, chastity, and obedience (r); but any member of the community may shake off the fetters at any time, if he or she thinks fit, and has the courage to do Gifts by inmates of religious houses to the society or its superior are looked upon with great suspicion, on account of the undue influence to which they are exposed. So. In a recent case, the position of a "sister" was summed up thus:-"She had vowed poverty and obedience, and she (p) 6 & 7 Will. 4, c. 85, s. 7, Sched B. to 19 & 20 Vict. c. 119. (g) 6 & 7 Will. 4, c. 85, ss. 9, 10. (r) See MARRIAGE. (s) 1 Vict. c. 22, s. 36. (t) See LICENCE. (u) See Bla. Com. (x) As to Roman Catholics, 31 Geo. 3, c. 32, s. 17, prohibiting the establishment or endowment of Roman Catholic religious orders and societies, does not seem to be repealed; but see DISSENTERS. was not at liberty to consult externs without the leave of the superior. She was not a person who treated her vows lightly; she was deeply religious. She was absolutely in the power of the lady superior and the chaplain. A gift made by her under these circumstances to the lady superior cannot, in my opinion, be retained by the donee" (y). Such a gift, however, is only voidable and not void, and the donor ought to take steps to recover the gift within a reasonable time after the removal of the influence under which the gift was made. Thus, where a lady allowed six years to pass after leaving a sisterhood before bringing an action, she was held barred by laches and acquiescence (≈). A somewhat unsuccessful attempt is now being made to establish brotherhoods in intimate connection with the Church of England (a). RELINQUISHMENT, DEED OF. Any priest or deacon of the Church of England may, after having resigned any and every preferment held by him, relinquish his office by executing a deed in the following form: "Know all men by these presents, that I, A. B., of , having been admitted to the office of priest [or deacon, as the case may be] in the Church of England, and having resigned [here to be inserted description of late preferment, if any], do hereby in pursuance of the Clerical Disabilities Act, 1870, declare that I relinquish all rights, privileges, advantages, and exemptions of the office as by law belonging to it. In witness whereof I have hereunto set my hand and seal, this day of 18 . Executed by A. B. in presence of C. D. of [Address and description of witness.] (Signed) A. B." (L.S.) The deed must be inrolled in the Chancery Division, and an office copy of the inrolment should be delivered to the (y) Per Lindley, L. J., in Allcard V. Skinner (1887), 36 Ch. D. 184. And see CLERGY DISABILITIES. (z) Allcard v. Skinner, ubi sup. (a) See speech of Archdeacon Farrar in convocation and proceedings of Church Congress for 1890. |