PA GenWeb Archives .....Marriage, Birth, and Death Registration Act 1852 - 1854

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File contributed for use in USGenWeb Archives by:
Ellis Michaels, <ellisrn@earthlink.net>, Jun 2009

Law that established the registration of marriages, births, and deaths in
Pennsylvania Counties between 1852 - 1854

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AN ACT
TO PROVIDE FOR A REGISTRATION OF MARRIAGES, BIRTHS, AND DEATHS

     WHEREAS, From the death of witnesses, and from other causes, it has
often been found difficult to prove the marriage, birth or death of persons,
whereby the rights of many have been sacrificed, and great wrongs have been
done:

     And whereas, important truths, deeply affecting the physical welfare of
mankind, are to be drawn from the number of marriages, births, or deaths that
during a term of years may be contracted or may occur within the limits of an
extensive Commonwealth; therefore,

     SECTION 1. Be it enacted by the Senate and House of Representatives of
the Commonwealth of Pennsylvania in General Assembly met, and it is hereby
enacted by the authority of the same, that from and after the first day of
July next, each register of wills in the several counties of the State shall
be supplied with separate books, in which he shall register, in the manner
hereinafter directed, the marriages which may have been contracted, and the
births and deaths which may have occurred within his county.

     SECTION 2. That it shall be the duty of every clergyman, alderman,
justice of the peace, clerk, or keeper of the records of the religious
society of Friends, and of every other person or society by or before whom
any marriage may hereafter be solemnized or contracted, to make at once a
record of the same in a book to be kept for the purpose, and within the space
of thirty days after such marriage, to return the same, in the form of a
certificate, duly signed by the person so certifying, to the register of the
county in which such marriage shall have been so solemnized or contracted,
which said record and certificate shall set forth, as far as the same can be
ascertained, the full name of the husband, his occupation, and the name of
his place of birth and residence; the full name of the wife previously to the
said marriage; the names of the parents of said husband, and the parents of
said wife; also, the color of the parties, and the time and place, and
ceremony; where, and by whom such marriage was contracted, and if pronounced
by any clergyman, or other person as aforesaid, the place of residence of
such person.

     SECTION 3. That it such be the duty of every physician, under whose
care a birth shall hereafter take place, to make at once a record of such
birth in a book to be kept for that purpose, and to return the same, duly
signed by him or her, in the form of a certificate, to the register of the
county in which such birth shall have taken place, in the manner and within
the period directed by the second section or this act; which said record and
certificate shall set forth, as far as the same can be ascertained, the full
name of such child, if any name should have been conferred, its sex, color,
the full name, as well as occupation, of its parent or parents, names of any
other child or children living, and for better identification, the full name,
previously to marriage, of the mother of such child; the day, hour, and
place, on and at which such birth occurred, and any circumstances connected
with such birth that may be deemed of interest, in case such birth shall have
occurred without the superintendence of any person; and should no physician
or other person be in attendance upon the parent immediately thereafter, is
shall then become the duty of the parent or parents of such child to return
the same to the register in the manner, form, and within the period above
required.

     SECTION 4. That every physician or surgeon who shall hereafter be in
attendance at the period of the death of any individual, dying within this
State, shall make at one a record of such death in a book to he kept by him
for that purpose, and shall return the same, duly signed, in the form of a
certificate, to the register of the county in which such individual may have
resided at the time of death, in the manner and within the period directed in
the second section of this act; which record and certificate shall set forth,
as far as the same can be ascertained, the full name, sex, and color of the
person deceased, and his or her age; also, the name of his or her parents;
the occupation, place of birth; the period, place, and disease, or cause of
death, and, if within his knowledge, the name of the burial ground in which
interred; and if married at the time of death, the name of the husband or
wife, as the case may be; and no person having the charge as sexton of any
vault or burial ground within the city or county of Philadelphia, shall
inter, or permit, or cause to he interred, the dead body of any person in
such vault or burial ground, without first procuring a copy of such record,
duly certified as aforesaid by the person who made it; which certificate as
aforesaid, when obtained, he shall sign, and before the expiration of thirty
days from the time at which he may have received it, shall return the same to
the register aforesaid ; and every physician, coroner, or other person, who
shall neglect or refuse to furnish such sexton or other person, previous to
such interment within the said city and county, the certificate required by
this section, and every sexton, or other person, having the care or
superintendence of any vault or burial ground, who shall neglect to procure
such certificate as aforesaid, or having procured, shall neglect or refuse to
return it as aforesaid, shall each, for every such neglect or refusal,
forfeit and pay the sum of five dollars, which sum shall be recoverable by
any person who may sue for the same; all certificates or returns required by
this act shall be signed by the parties so certifying.

     SECTION 5. That this act shall not be construed to prevent the registry
of any marriage contracted, or birth or death happening, previously to its
passage, within the limits of this State; nor of the marriage, birth, or
death of any person or persons who may have been married, been born, or may
have died elsewhere, but who were the child or children of citizens of this
State; nor of any marriage contracted previously or subsequently to the
passage of this act, in any other part of these United States or their
territories, or beyond the limits of the same: Provide, Either of the parties
married were permanently residing in this state at the time, or at some time
previously or subsequently to such marriage; such registrations shall be in
the form already prescribed, and shall be kept apart from the current
registrations, and in separate books, as is already required in the case of
other registrations, but shall be embraced in the general index; the proof of
every such marriage shall be as follows, to wit: in the case of a marriage,
by the person who pronounced it, or if such proof cannot be made, or the
marriage shall have been contracted according to the manner of the religious
society of Friends, then it shall be made by some one who was present
thereat; in the case of a birth, by some one who has actual knowledge of the
period at which such person was born, or of his or her parentage; and in the
case of a death, by some one who actually saw such person dead, or who has
actual knowledge of the fact; such proof shall be under oath or affirmation,
and shall be in its character satisfactory to the register; Provided further,
That should any person feel aggrieved at the decision of the register
aforesaid, he or she, or as the case may be, the next friend or the
representative of the person, on whose behalf such application is made, shall
have the representative of the person, on whose behalf such application is
made, shall have the right of an appeal to the Orphan's Court of the proper
county, in which case the testimony so taken shall be sent up with the appeal
to the said court, by the said register, accompanied by a written statement
of his reasons for rejecting it as insufficient.

     SECTION 6. That no letters of administration or letters testamentary
shall be granted by any register upon the estate or effects of any person
hereafter dying within this State, or if granted, shall be valid, until the
death of such person shall be duly certified to the said register, in order
that the same may be duly registered according to the forms and provisions of
this act, or as strictly in compliance therewith as it may be in the power of
the party so to do.

     SECTION 7. That no appointment of any guardian to the person or estate
of any minor hereafter born, by any Orphans' Court within this State, shall
be valid, until the date of the birth of such minor, and the date of the
death, as well as the name of his or her parent or parents, shall be duly
registered according to the provisions of this act, as strictly as the same
can be complied with, unless from the death of any witness, or from some
other cause deemed sufficient upon strict investigation by the said court,
such proof cannot at the time be conveniently made, in which latter case it
shall be made as soon as it may be practicable.

     SECTION 8. That the said books or registers, or a certificate duly
certified by the register, and authenticated by his seal of office, as
containing a full copy of the record of any marriage, birth, or death, shall
hereafter be admitted in any court of this State as prima facie proof of any
marriage, birth, or death: Provided however, That should no such registration
exist, the proof of any marriage, birth, or death shall be sufficient, if
made in the manner now or hereafter required under the decisions of the
Supreme Court of this Commonwealth.

     SECTION 9. That if any register shall not, within fourteen days after
an application made to him to register any marriage, birth, or death, as
aforesaid, register in the proper form and book, any such marriage, birth, or
death, as the same shall be certified to him, unless he has sufficient cause,
he shall forfeit and pay the sum of ten dollars, to be recovered us debts of
the same amount are recoverable, by any person who may sue for the same; the
person aggrieved shall 'have the right of appeal provided by the sixth
section of this act; and all certificates of marriages, births, or deaths,
duly returned, shall be preserved and flied by the register.

     SECTION 10. That if any person shall willfully, knowingly, and falsely
swear or affirm to, or return any such certificate of marriage, birth, or
death, or if any register shall willfully and knowingly make, or cause to be
made in the said books, a false entry of such marriage, birth, or death, the
said person or register so °offending shall be punished by a fine or
imprisonment, or both, at the discretion of the court having the cognizance
of such offences, the fine not to exceed eight hundred dollars, and the
imprisonment not to exceed seven years.

     SECTION 11. That the registry of marriages, births, unit deaths, shall
he kept in separate books; there shall be general indexes to the records of
all marriages, births, and deaths, which indexes of marriages, births, and
deaths, respectively, shall be kept in separate books; opposite to each name
in the said index shall be affixed not only the reference to the record, but
the day of the month and year in which any marriage may have been contracted,
or birth or death may have occurred, as the case may be.

     SECTION 12. That in order to secure uniformity, precision, and greater
despatch in the aforesaid registration, the said books shall contain (upon
each page of the same, and along the margin at the side of the said page)
printed titles, duly numbered, opposite to which shall be left blanks or
spaces, in which entries shall be made, corresponding to the particular
subject to each of the said titles; the said titles in the books for
registering marriages shall be printed and arranged in the following words
and order, to wit:

First. Full name of the husband.
Second Name of the father of said husband.
Third. Name of the mother of said husband.
Fourth. Occupation of husband. 
Fifth. Residence of husband. 
Sixth. Birth-place of husband. 
Seventh. Full name of the wife previously to marriage.
Eighth. Name of the father of said wife.
Ninth. Name of the mother of said wife. 
Tenth. The time when the marriage was contracted.
Eleventh. The place, town or township, and county, where the marriage was
contracted
Twelfth. The color.
Thirteenth. By what ceremony contracted.
Fourteenth Name of person pronouncing marriage. 
Fifteenth. Residence of person last named.
Sixteenth. Name of person signing certificate. 
Seventeenth. Date of certificate.
Eighteenth. Date of registration.
Nineteenth. Signature of the register or his deputy.

The title in the books for registering births, in the following words and
order, to wit:
First. Full name of child.
Second Sex
Third. Color.
Fourth. Full name of father
Fifth. Occupation of father.. .
Sixth. Names of other issue living.
Seventh. Name of the mother previously to marriage
Eight. Hour, day of week, of month, and year of birth
Ninth. Place, town or township, and county in which born.
Tenth. Name of physician or other person signing the certificate, or on
whose application the registry is made.
Eleventh. Residence of such person.
Twelfth. Date of certificate
Thirteenth. Date of registration
Fourteenth. Signature of the register or his deputy
Fifteenth. Any additional circumstances.
The titles in the books for registering death, in the following word and
order, to wit:
First. Full name of deceased
Second. Color
Third. Sex
Fourth. Age
Fifth. Name of father of deceased
Sixth. Name of mother of deceased
Seventh. Occupation
Eighth. Place of birth
Ninth. Name of wife of deceased
Tenth. Name of husband of deceased
Eleventh. Name of issue living
Twelfth. Date of birth, and date of death
Thirteenth. Cause of death
Fourteenth. Name of the place, town or township, and county in which the
person died
Fifteenth. Name and location of burial ground in which interred
Sixteenth. Name of person returning certificate
Seventeenth. Residence of such person
Eighteenth. Date of Certificate
Nineteenth. Date of registration
Twentieth. Signature of register or his deputy.
     At the bottom of each page in each of said books there shall be left a
blank for the registry of any fact which any act or acts of Assembly
hereafter enacted may require shall be registered, and all interlineations or
erasures shall at the time be noted by the register.

     SECTION 13. That the said register, with the exceptions hereinafter
named, shall receive, provided he comply with the provisions of this act, for
registering any marriage, birth, or death, the sum of ten cents, which shall
be paid to him, on his demand, by the treasurer of the proper county, except
for registering any marriage contracted, or any birth or death happening
previously to the year one thousand eight hundred and fifty-one, in which
case he shall receive twenty-five cents, to be paid by the party; for
examining every witness, in which the testimony is reduced to writing and
length twenty-five cents; for sending up the record upon an appeal, fifty
cents; for granting a certified copy of the full record of any marriage,
birth, or death fifty cents, which shall also be paid by the party; he shall
make no charge for administering an oath or affirmation, nor demand a fee
from any person so registering; the register for the city and county of
Philadelphia shall receive but six cents for making any registry as
aforesaid, which shall be paid by the county treasurer as aforesaid; all
emoluments arising from the registration, except the amount paid by the
several counties, which
exceed the sum of one thousand dollars, shall be paid into the State
treasury; in order the more effectually to guard against injury from the loss
by fire, or otherwise, of the records of any county, and for other purposes,
it shall be the duty of each register, under the penalty of twenty dollars
for every neglect, recoverable as aforesaid, in each of the counties semi-
annually, between the fifteenth and twentieth day of January and July in each
year to transmit a copy of the record of marriages, births, and deaths.
before specified, with a copy of the index, duly certified by him, to the.
Secretary of the Commonwealth, who shall file the same in his office and
annually transmit to the Legislature an abstract of the number of marriages,
births, and deaths, which have occurred in each county in the State during
each year next preceding the first day of January, and for which purpose the
said Secretary shall furnish, at the cost of the Commonwealth, each of the
said registers with proper blanks prepared in the form required by the
thirteenth section of this act, and shall also furnish to each of the said
registers, at the cost of the Commonwealth, the blank books and indexes
required by the first or any other section of this act, and also, at the same
time, transmit a printed copy of this act, which shall be bound with said
blank book, and such instructions on the subject of the law as he may see fit
to prepare, and generally to do whatever may be required to carry into effect
the provisions of this act.

     SECTION 14. That every clergyman, justice of the peace, physician,
sexton, or undertaker, whose duty it is to make any return under this act,
shall, on or before the first day of October next, return his name and
residence to the register of the county in which he may reside, who shall
record the said return in a book to be kept for the purpose, to be provided
at the expense of the county, and such person shall notify the register of
his removal to any other place in or out of said county, within thirty days
after such removal, except where he may cease to act in a professional or
official capacity.

     SECTION 15. That all acts or parts of acts inconsistent herewith, or
supplied as aforesaid, are hereby repealed.

John Cessna
Speaker of the House of Representatives.

Benjamin Matthias
Speaker of the Senate

     We do certify that the bill entitled "An Act to provide for a
registration of marriages, births, and deaths," was presented to the Governor
on the fourteenth day of April, one thousand eight hundred and fifty-one,
being within ten days of the close of the last session of the Legislature,
and not having been "sent back within three days" of the meeting of the
present General Assembly, wherefore it has, agreeably to the Constitution of
this Commonwealth, become law in like manner as if he had signed it.

William Jack
Clerk of the House of Representatives

John M. Sullivan
Clerk of the Senate

Harrisburg, January 12, 1852