witness said was also on a stamp, and was kept with other similar stamped entries on a file among the corporation papers, and it appeared that there was also a book in which the acts of the corporation were kept, and wherein there was an entry more at large of the freeman's admission made when he was originally admitted, but there was no stamp in the book; it was held that the loose paper being the only effectual act, as having the proper stamp, must be looked upon as the proper and original act of the corporation, and that a copy of that was good evidence. Per Noel, J., R. v. Head, Peake, Ev. 92, n. This case seems to turn on the necessity of a stamp. Entries of a private nature, which do not relate to corporate acts, must, if admissible, be produced; and copies of them are not evidence, though long kept among the corporate muniments. R. v. Gwyn, 1 Stra. 401. An erasure in the entry in the minute book of a corporation must be presumed to have been made before the entry was signed. Steevens Hospital v. Dyer, 15 Ir. Ch. R. 405. Where entries made in the books of a college were usually attested by the registrar who was a notary public, and signed by him as such, entries not so attested were held inadmissible as evidence of reputation. Fox v. Bearblock, 17 Ch. D. 429.

Proof of Registers of Births, Baptisms, Marriages, &c.

Parish registers of baptisms, marriages, and burials may be proved by production of the register itself, or by examined copies. B. N. P. 247. If a copy be produced, it should be shown that the original was in, its proper custody; this is regulated by 52 Geo. 3, c. 146, s. 5, post, p. 125; it is not sufficient to show that the register was in the custody of the parish clerk. Doe d. Ld. Arundel v. Fowler, 14 Q. B. 700. In order to prove the register of a marriage it is not necessary to call the attesting witnesses; but, as the register affords no proof of the identity of the parties, some evidence of that fact must be given, as by calling the minister, clerk, or attesting witnesses, or others present; or the handwriting of the parties may be proved. Birt v. Barlow, 1 Doug. 172. But whatever is sufficient to satisfy the jury as to the identity is good evidence; Id. 174; Hubbard v. Lees, L. R., 1 Ex. 255; and it seems from the last case that the mere similarity of names is sufficient evidence for the jury, and where the jury are satisfied as to the identity the court will not interfere. See also La Cloche v. La Cloche, L. R., 4 P. C. 325, 333, and R. v. Weaver, L. R., 2 C. C. 85. To prove the handwriting of the parties in the register it is not necessary to produce the original register for that purpose, but the witness may speak to the handwriting in it without producing it. Sayer v. Glossop, 2 Exch. 409. A photographic likeness may often be used for the purpose of identification; this is constantly done in actions for divorce, and has been even allowed in a criminal trial. Where a woman was tried for bigamy, a photograph of her first husband was allowed by Willes, J., to be shown to witnesses present at the first marriage, in order to prove his identity with the person mentioned in the certificate of that marriage. R. v. Tolson, 4 F. & F. 103. If a marriage is proved by a person who was present, it is not necessary to prove the registration, or licence, or banns. Allison's case, R. & Ry. 109. The register is admissible evidence, although it be shown that the incumbent was accustomed to cause the entries to be made from the information of others, and not from personal knowledge. Doe d. France v. Andrews, 15 Q. B. 756.

The Act still in force for the registration of baptisms and burials by

clergy of the Church of England is 52 Geo. 3, c. 146. It directs that the parish register shall be kept by the clergyman either at his residence or in the church (sect. 5), and provides that verified copies shall be annually sent to the registrar of the diocese (sect. 7). It seems that the latter, being public documents, are evidence as well as the former, and may be proved by examined copies. Walker v. Beauchamp, 6 C. & P. 552, per Alderson, B.; and see Att.-Gen. v. Oldham, cited in Burn on Parish Registers, 209. But quare whether the bishop's transcripts, made before that Act, can be used except as secondary evidence ? See Walker v. Beauchamp, supra.

The registration of marriages by clergy of the Church of England is now regulated by 6 & 7 Will. 4, c. 86. By sect. 31 and schedule, the minister, after solemnising a marriage, is to register, in two register books, in the form prescribed by the Act, the date, names, age, condition, and rank of the parties, their residence at the time of the marriage, and the names and rank of their fathers; and the entries are to be signed by the minister, the parties married, and two witnesses; by sect. 33, one of these books, when filled, is to be sent to the superintendent registrar, and the other to be kept by the minister with the registers of baptisms and burials. As to proof of these registers by copies, vide post, p. 126.

By 27 & 28 Vict. c. 97, all burials in any burial ground in England are to be registered. By sect. 5 these registers and copies thereof may be used in evidence of the burials entered therein.

A burial under the Burial Laws Amendment Act, 1880 (43 & 44 Vict. c. 41), is by sect. 10 to be certified by the person in charge thereof, to the person who is bound to keep the register, and the latter is to enter the burial therein.

By 3 & 4 Vict. c. 92, certain non-parochial registers of births, baptisms, deaths, burials, and marriages, transferred to the custody of the RegistrarGeneral, are made admissible in evidence, either by producing them, or by certified extracts from them, after previous notice to the opposite party of the intention to use them. And by 21 & 22 Vict. c. 25, numerous other non-parochial registers and records of births, deaths, baptisms, burials, and marriages have been since certified to be faithful, and deposited with the registrar-general, and have become admissible in evidence.

By 42 & 43 Vict. c. 8, s. 3, where by lawful authority documents such as registers, muster-rolls, and pay lists have been kept, showing deaths, births, and marriages among officers and soldiers, and these or certified extracts thereof have been transmitted to the Registrar-General, they and certified copies thereof shall be admissible in evidence; but (sects. 4, 5) in respect of births, deaths, and marriages in the United Kingdom, only in respect of those which occurred prior to 1st July, 1879.

The general registration of births, marriages, and deaths is regulated by the 6 & 7 Will. 4, c. 86, explained and amended by the 1 Vict. c. 22. By these Acts district registrars are appointed, whose duties are independent of those belonging to the parochial clergy. Regulations are made for the custody of the register books, and the registrars are directed to learn and register the particulars required to be registered according to the forms in the schedules to the first Act. These particulars comprise in the case of births, the time of birth, name (if any), and sex, the names of the parents, and the condition of the father, and in the case of deaths, the age, sex, and condition of the deceased; and by 1 Vict. c. 22, the Registrar-General may direct the place of birth or death to be added to the register of those facts, and the addition, when so made, shall be taken, to all intents, to be part of the entry in the register.

The stat. 6 & 7 Will. 4, c. 86, as above stated, regulates the registration of marriages by clergymen of the Church of England, and it also regulates those by Quakers and Jews. For the particulars required to be registered, vide ante, p. 125.

The Act 6 & 7 Will. 4, c. 85, for amending the law of marriage, provides for the registration of marriages solemnized under that Act, and is also incorporated with the above Act, c. 86, and it, by sect. 44, enacts that the provisions of the Act, c. 86, supra, relating to the register of marriages, or certified copies thereof, shall extend to marriages under the Act, c. 85.

By 6 & 7 Will. 4, c. 86, s. 38, it is provided that certified copies of entries, purporting to be sealed with the seal of the Registrar-General's office, shall be "evidence of the birth, death, or marriage to which the same relates, without any further or other proof of such entry, and no certified copy purporting to be given in the said office, shall be of any force or effect, which is not sealed or stamped as aforesaid." The identity of the party must of course be proved. Parkinson v. Francis, 15 Sim. 160. As to this vide ante, p. 124. By sect. 35 the registrars, as also all rectors, curates, &c., are bound to give certified copies: it is not expressly provided that these latter certificates shall be evidence without further verification. It has, however, been held that under 14 & 15 Vict. c. 99, s. 14, cited ante, p. 101, certified copies of parish registers, purporting to be signed by A. B., "incumbent," or "rector," or "vicar," or "curate," without specifying the parish over against the name, or adding " of the above parish," are admissible without verification; for it will be intended that the incumbent, &c., is incumbent of the parish named in the certificate, and is the officer intrusted with the custody of the original register. Re Hall's Estate, 22 L. J., Ch. 177, L.JJ. So, a certificate purporting to be signed by the registrar having the custody of the original register is admissible on its mere production. R. v. Weaver, L. R., 2 C. C. 85.

As these Acts require a fuller statement to be entered in the registers than before, the question arises how far the register is evidence of all the facts stated in it as to the time and place of birth, age, description, &c. It should seem, however, that such particulars being supplied by private persons only, and not being within the knowledge of the registering officer, are not admissible as evidence of them against third persons, merely because they are officially entered on the register; Semb. per cur. Huntley v. Donovan, 15 Q. B. 96. And accordingly such certificate of birth is evidence of the fact, but not of the date of birth. Re Wintle, L. R., 9 Eq. 373, M. R. The judgment in R. v. Weaver, supra, proceeds on a contrary assumption, but the point does not appear to have been noticed.

The Births and Deaths Registration Act, 1874 (37 & 38 Vict. c. 88), which is (by sect. 52) to be read with the earlier Acts relating thereto, contains (sect. 38) restrictions on the admissibility of these registers of births and deaths in evidence, but the provisions are of too minute a character to be further noticed here. It would seem from this section that the entries of other registrars besides the Registrar-General may be evidence under certain limitations. Thus the district registrar's certificate is evidence of death. See Traill v. Kibblewhite, 10 Jur. 107, Shadwell, V.-C., 1847.

The registration of a building under 6 & 7 Will. 4, c. 85, for the solemnisation of marriages under that Act, may be proved either by a certified copy under 14 & 15 Vict. c. 99, s. 14, ante, p. 101, or by an examined copy of the register. R. v. Manwaring, 1 Dears. & B. 132; 26 L. J., M. C. 10. By stat. 19 & 20 Vict. c. 119, s. 24, every certified

copy or extract sealed or stamped with the seal of the General Register Office, shall be received as evidence of the place of meeting therein mentioned having been, at the time therein stated, duly certified and registered or recorded as by law required, without any further or other proof of the same.

Baptisms and marriages in Scotland and Ireland.] Scottish parochial registers of baptism are admissible in evidence. Lyell v. Kennedy, 14 Ap. Ca. 437, D. P.

The Act 19 & 20 Vict. c. 96, s. 1, invalidates every irregular marriage in Scotland contracted after 31st December, 1856, unless one of the parties had at the date thereof his or her usual place of residence there, or had lived in Scotland for twenty-one days next preceding such marriage. By sect. 2, the registrar of the parish or burgh in which an irregular marriage has been contracted after the said day, is, upon receiving a certain warrant from the sheriff or sheriff-substitute, granted on the joint petition of the parties, to enter the marriage in a register, and a certified copy of such entry signed by the registrar is to be received in evidence of such marriage, and of such residence or of such previous living twenty-one days in Scotland, in all courts in the United Kingdom and dominions thereunto belonging.

The Irish Marriage Act (7 & 8 Vict. c. 81), amended by and incorporated with 26 & 27 Vict. c. 27; 33 & 34 Vict. c. 110, Part II. ; and 36 & 37 Vict. c. 16, provides for the registration of all marriages in Ireland. By 7 & 8 Vict. c. 81, s. 71, certified copies of entries are given at the register office in Dublin, and these, if purporting to be sealed or stamped with the seal of the office, are made evidence of the marriage to which they relate without any further proof of such entry or of the seal.

Births, deaths, and marriages in India and the Colonies.] Books kept among the archives of the East India Company before the transfer of their supreme powers to the crown, being copies of marriage registers kept at each presidency, and transmitted officially to the company, are evidence of marriages in India, when produced from the proper custody. Ratcliff v. Ratcliff, 1 Sw. & Tr. 467; 29 L. J., P. M. & A. 171. So similar copies of registers of baptism in India are admissible in evidence. Queen's Proctor v. Fry, 4 P. D. 230. These registers are deposited at the offices of the Secretary of State for India.

By the 14 & 15 Vict. c. 40, s. 11, provision was made for the registration of the marriages of persons professing the Christian religion in India, solemnised under that Act before a registrar, and, by sect. 12, duplicates of the register were directed to be transmitted to the secretary to the government in the presidency or place, or place of residence of the registrar, to be kept by him; and in certain instances these duplicates were to be transmitted to the Registrar-General of Births, &c., in England. Sect. 21 enacted, that the Act was not to affect marriages solemnized in India by persons in holy orders, nor Scotch marriages there legalized by stat. 58 Geo. 3, c. 84, nor other legal marriages there; and the GovernorGeneral was empowered to make laws for the registration of such marriages; and to provide for the transmission of duplicates to the RegistrarGeneral of Births, &c., in England. Sect. 22 provided that certified copies of the certificates delivered under this Act to the Registrar-General, purporting to be sealed or stamped with the seal of the General Register Office, should be received as evidence of the marriage to which they relate, without further proof of such certificate, or of any entry therein. This Act was repealed by the Stat. Law Rev. Act, 1875, with the proviso that

such repeal shall not affect "the proof of any past act or thing." These marriages are now regulated by Indian Acts."

By stat. 42 & 43 Vict. c. 8, registers kept under Queen's regulations of births, deaths, and marriages occurring out of the United Kingdom, among British officers and soldiers, are to be transmitted to the Registrar-General, and filed or copied in the "Army Register Books," which is to be deemed a certified copy of the register book within the meaning of the Registration Acts.

In Australia, Canada, Nova Scotia, the West Indies, and other of the British colonies, Acts of parliament are in force for the registration of births, marriages, and deaths, and where such is the case the registers may be used in evidence.

Births, deaths, and marriages at sea.] By 17 & 18 Vict. c. 104, s. 282, the masters of ships for which official log-books were required were to enter therein births, marriages and deaths taking place on board, and, by sect. 285, these entries are to be received in evidence in any proceeding in any court of justice, saving all just exceptions; vide post, p. 129. The Births and Deaths Registration Act, 1874 (37 & 38 Vict. c. 88), by sect. 54, repeals 17 & 18 Vict. c. 104, s. 282, so far as relates to entries to births and deaths, and by sect. 37, provides for the record of births and deaths happening on board ship. A return is to be made of such record to the Registrar-General of Shipping and Seamen, who (sub-sect. 5) is to send a certified copy of such return to the Registrar General of Births and Deaths. By sub-sect. 7, the copy is to be filed or copied in "a marine register-book," which is to be deemed to be a certified copy of a registerbook within the meaning of the Registration Acts.

Births, deaths, and marriages abroad.] Foreign registers of births, baptisms, marriages, and deaths would seem to be admissible as to those matters properly and regularly recorded in them, if proved to have been prepared under official authority. See Lyell v. Kennedy, 14 Ap. Ca. 448, 449, per Lord Selborne. Thus, in Abbott v. Abbott, 29 L. J., P. M. & A. 57, a certificate copied from a register of marriages kept by the curé of a parish in Chili, under public authority, was received. In this case the certificate was signed by the curé, whose signature and character were verified by the certificate of a notary public, whose character was further certified by the certificate of three other notaries public, their character being in turn verified by the Minister for Foreign Affairs for Chili, and this again by the British consul there. In Brinkley v. Att.-Gen., 15 P. D. 76, a certificate of a marriage in Japan given by the chief secretary, and verified by the Vice Minister of State, was received, evidence being given that they occupied those offices, and as to the law of marriage there. Registers of births, baptisms, marriages, and burials of British subjects beyond seas, which have been transmitted from different British embassies and factories on the continent of Europe and elsewhere, are now placed in the registry of the Consistory Court of London. By 12 & 13 Vict. c. 68, British consuls authorized to act for this country abroad may be empowered by a Secretary of State to grant licences for, and to solemnize marriages where both or one of the parties are British subjects; and by sects. 11, 12, they are directed to make entries of these marriages in a register book, copies of which are to be forwarded to the Secretary of State, and by him transmitted to the Registrar-General. Sect. 18 provides, that this Act shall be taken as part of the Act 6 & 7 Will. 4, c. 86, ante, pp. 125, 126, and that every consul shall be deemed a registrar under