Birth Registration 1837 on.

[Bob Clayton]

I have two quotes for the 1836 act..

From Guy E's site (which seems a copy of the act)

"And be it enacted, That the Father or Mother of every child born in England after the said First Day of March, or in case of the Death, Illness, Absence, or Inability of the Father or Mother, the Occupier of the House or Tenement in which such Child shall have been born, shall, within Forty-two Days next after the Day of every such Birth, give Information, upon being requested so to do, to the said Registrar, according to the best of his or her Knowledge and Belief, of the several Particulars hereby required to be known and registered touching the Birth of such Child."

Then on Barbara Dixon's site.

"And it be enacted that the father or mother of every child born in England................shall within 42 days next after the day of every such birth give information upon being requested so to do to the Registrar, according to the best of his or her knowledge and belief of the several particulars hereby required to be known and registered touching the birth of such child provided always that it shall not be necessary to register the name of any father of a bastard child."

The crucial (apart from the editing) difference is the mention of bastard child is missing from the former.

Was this a later amendment? and when?

Bob

[Guy Etchells]

I have transcribed the various Acts of Parliament, I believe Barbara Dixon is quoting from the Registrars instructions rather than the Acts.

I checked the 1836 Act and it reads

XIX. And be it enacted, That the Father or Mother of any Child born, or the Occupier of every House or Tenement in England in which any Birth or Death shall happen, after the said First day of March, may, within Forty-two Days next after the Day of such Birth or within Five Days after the Day of such Death respectively, give Notice of such Birth or Death to the Registrar of the District ; and in case any new-born Child or any dead Body shall be found exposed, the Overseers of the Poor in the Case of the new-born Child, and the Coroner in the case of the dead Body, shall forthwith give Notice and Information thereof, and of the Place where such Child or dead Body was found, to the Registrar ; and for the Purpose of this Act the Master or Keeper of every Gaol, Prison, or House of Correction, or Workhouse, Hospital, or Lunatic Asylum, or public or charitable Institution, shall be deemed the Occupier thereof.

XX. And be it enacted, That the Father or Mother of every child born in England after the said First Day of March, or in case of the Death, Illness, Absence, or Inability of the Father or Mother, the Occupier of the House or Tenement in which such Child shall have been born, shall, within Forty-two Days next after the Day of every such Birth, give Information, upon being requested so to do, to the said Registrar, according to the best of his or her Knowledge and Belief, of the several Particulars hereby required to be known and registered touching the Birth of such Child.

As far as I am aware the first such mention was in the 1874 Act
1874 section 7
7. In the case of an illegitimate child no person shall, as father of such child, be required to give information under this Act concerning the birth of such child, and the registrar shall not enter in the register the name of any person as father of such child unless at the joint request of the mother and of the person acknowledging himself to be the father of such child, and such person shall in such case sign the register, together with the mother.

Cheers
Guy

[Bob Clayton]

Thanks Guy. That's as I thought.

So are you saying that the confusion arises from registrars giving instructions without any authority in law which required the 1874 to resolve the issue?

The 1836 act would suggest that either the father or mother could register the birth married or not.

The confusion is that the Dixon site allegedly quotes the 1836 act !

By the way congrats with your FOI act/census issue.

Bob