(Vol. iv., p. 473.)
As the Query herein appears to be one which it is more the province of
the lawyer to answer, I take the liberty of submitting the following for
your correspondent's consideration.
The ecclesiastical mode of registration appears now to be regulated by
52 Geo. III. c. 146., which still remains in force (except with regard
to marriages, which was repealed on the introduction of the civil
method) as far as regards baptisms and burials; and by the 16th section
of that act, a proviso is enacted, that nothing in that act should
diminish or increase the fees theretofore payable, or of right due, to
any minister for the performance of the _before_-mentioned duties, &c.
The before-mentioned duties here referred to were, that they (the
officiating ministers) should keep the registers of public and private
baptisms, marriages, and burials in books for that purpose provided by
the parish, that they should as soon after the solemnisation of the
ceremony as possible enter it in the register. That such Register Books
should be kept in the custody of the minister in an iron chest, which
was to be kept locked, except for the purpose of making the entries as
above, _or for the inspection of persons desirous to make search
therein_, or to obtain copies, or for production as evidence, or for
inspection as to their condition, or for the purposes of that act. That,
within a stated period, the ministers should make copies (annually) of
the registers, verify them, and transmit the copies to the registrar of
the diocese. Now these just mentioned are the duties referred to in the
act, so far as they concern our inquiry; and the fees payable have been
the fee of one guinea for keeping the registers, a fee allowed by the
parish for sending copies of them to the registrar of the diocese; but I
do not observe any fee for any person searching, or even obtaining
copies of any entry of baptism or burial, if they feel so disposed.
The civil method of registration is regulated by the 6 & 7 Will. IV. c.
86.; and by the 35th section it is enacted:
"That every rector, vicar, or curate, and every registrar,
registering officer, and secretary who shall have the keeping for
the time being of any Register Books of _births_, _deaths_, or
marriages, shall at all reasonable times allow _searches_ to be
made of any _Register Book_ in his keeping, and shall give a copy
certified under his hand of any entry or entries in the same on
payment of ... for every search extending over a period not more
than one year, the sum of one shilling, and sixpence additional
for every additional year; and the sum of two shillings and
sixpence for every single certificate."
This will be seen to comprehend such Register Books as apply to births
and deaths only, and not to those containing baptisms and burials (which
latter are only in the custody of the officiating ministers); and
although some doubts may arise from the words "allow searches to be made
of _any Register Book_ in his keeping," I am of opinion that "the
Register Book" here meant "in his keeping" only applies to the
description just preceding, viz. of "_births and deaths_." I am inclined
to think that no fee is payable legally to the minister _for searching_
the Register Books of _baptisms or burials_, nor even for making a copy
of an entry therein by any persons if they feel disposed to take a copy
themselves.
In the same act, sec. 49., a provision is enacted that nothing in that
act shall affect the _registration_ of baptisms or burials as then by
law established, or the right of any officiating minister to receive the
usual fees for the _performance or registration_ of any baptism, burial,
or marriage: so that there is nothing even in this controlling clause
last quoted, that at all affects the right of persons to search without
fee the registers of baptisms or burials, or even of making copies; for
that clause simply refers to the fact of registering, and the fees
payable for solemnising the same, and the registration, although I am
not aware that there is a fee for registering a baptism, although it was
so in William III.'s reign.
By the 12th sect. of the 52 Geo. III. c. 146. (the latter part of it), I
find that the copies of the registers which are transmitted by the
minister annually to the registrar of the diocese, are to be arranged,
and an alphabetical list of names to be made by the registrar; and such
copies and list to be open to _public search_ at all reasonable times
upon _payment of their usual fees_. This of course does not apply to the
_baptismal or burial registers_ in the custody of the minister; but it
is quoted that your correspondent may be in possession of the whole
facts, for it is undoubtedly most important to the genealogical or
archæological inquirer. If I am wrong, I shall be glad to stand
corrected on the error being pointed out.