5 May 1876 § 5. P. L. 118. person as aforesaid, shall violate any of the provisions of this act, or refuse or neglect to perform any of the duties required by the same, he, she or they shall forfeit and pay, for every such offence, the sum of not less than five nor more than Penalty for violatwenty dollars, for the use of the board of health; which sum or sums shall be re- tion. coverable as debts of like amount are now by law recoverable, and on non-payment of the same, a capias ad satisfaciendum may issue. Ibid. § 6. 13. The books or registers kept by the secretary of the board of health, or a certificate duly certified by him as containing a copy of the record of any marriage Registers to be evior birth, shall hereafter be admitted in any court of the state as primâ facie evi- dence. dence of said marriage, birth or death. Ibid. § 7. 14. The secretary of the board of health shall receive and pay into the city treasury, fifty cents for granting a certificate or certified copy of the record of Fees for certifiany marriage or birth, and ten cents for making a search for either a marriage or cates and searches. birth, which sum shall be paid by the parties applying for the certificate or search; but the said register shall at all times be accessible to physicians, clergymen and lawyers, without charge. Ibid. § 8. 15. In order to secure uniformity and dispatch in the registration herein provided for, the books shall contain upon the margin of each page, printed titles, Form of registry. with corresponding blanks for suitable entries for marriages and births, in the order, to wit: Marriages. Full name of husband, occupation, residence, birth-place, age, when Marriages. married; full name of wife previous to marriage, residence, birth-place, age, when married; time of marriage, color of parties, ceremony employed, name of person performing the marriage, residence of the last-named person, date of certificate, date of registration. Births. - Full name of the child, sex, color; full name of the father, his occu- Births. pation; full name of the mother; day, month and year of the birth, street and number of house where born, name of physician or other person signing certificate, his residence, date of certificate, date of registration. 16. The said boards of health shall have power to make all rules and regulations for carrying the provisions of this act into effect: Provided, however, That the provisions of this act shall not apply to cities of the first and second classes. III. In Philadelphia. Ibid. § 9. Power to make rules. P. L. 180. Annual abstract to 17. The city commissioners of the city of Philadelphia shall supply the health- 8 March 1860 § 1. officer with separate books, in which he shall register, in the manner hereafter directed, the returns made to him of the marriages which may be contracted, and Health-officer to of the births and deaths which may occur within the said city; he shall also cause register marriages, an abstract of the same to be made, in the month of February next ensuing, and births and deaths. annually thereafter in said month, (presented) to the city councils, through the be laid before board of health; which abstract shall contain a statement of the marriages solem- councils. nized, and of the number of births and of deaths, with the reported causes thereof, which have occurred in the said city during the year next preceding the first day of January, with such other information and suggestions in relation thereto, as he may deem of practical utility for the promotion of public health, and of general interest to the city. Ibid. § 2. men, magistrates, &c. 18. It shall be the duty of clergymen of all denominations, of clerks or keepers of the records of all churches and religious societies, as also of every magistrate, and of other persons by or before whom any marriage may hereafter be solemnized Duties of clergyor contracted, and of every practising physician, and of every practitioner of mid- physicians, underwifery, and of every undertaker and superintendent or sexton of any cemetery or takers, sextons, burying-ground in the said city of Philadelphia, on or before the first day of July next ensuing (the day in which the law goes into effect), to report his, her or their names and places of residence to the health-officer, at the office of the board of health; and it shall be the duty of the health-officer to have the same properly registered, in index form, in suitable books, to be furnished to the city commissioners, at the order of the board of health. In the event of any of the persons above specified removing to any other place of residence, it shall be their duty to notify the health-officers of the fact, within thirty days after such removal; except where the persons removing shall cease to act in such official capacity as makes them subject to the provisions of this act. Ibid. § 3. Physicians to give 19. Whenever any person shall die, in the city of Philadelphia, it shall be the duty of the physician who attended during his or her last sickness, or of the coroner, when the case comes under his notice, to furnish, within forty-eight hours certificates to after the death, to the undertaker or other person superintending the burial, a undertakers. certificate, setting forth, as far as the same can be ascertained, the full name, sex, color, age and condition (whether married or single) of the person deceased, and the cause and date of death. Ibid. § 4. 20. No person having the charge, as sexton or otherwise, of any vault, buryingground or cemetery within the said city, shall inter, or allow to be interred, or place, or allow to be placed, in any vault, burying-ground or cemetery, the dead No corpse to be inbody of any person; nor shall any undertaker or other person remove the dead such certificate. terred without P. L. 130. What matters to be added by the undertaker. When health officer may give certificate. 8 March 1860 § 4. body of any person, who has died in the said city, and has not been buried, to any place beyond the limits of the said city, without first procuring the certificate of the attending physician, or of the coroner. To said certificate, the undertaker or other person having charge of the body shall, as far as can be ascertained, add the occupation of the deceased, the place of birth, the ward, street and number of the house in which the death occurred, the place and date of interment, and, where the deceased is a minor, the full names of the parents. In case any person shall die without the attendance of a physician, or if the physician who did attend at the time of the death, refuses or neglects to furnish a certificate as aforesaid, it shall be the duty of the undertaker, or of any other person acquainted with the facts, to report the same to the health-officer, who shall be authorized to give a certificate of death as aforesaid, provided it be not a case requiring the attendance of the coroner. Every sexton or other person having charge of any vault, buryingground or cemetery within the said city, and every undertaker or other person who shall remove any dead body from or out of the said city, shall return the said certificates to the health-officer, before twelve o'clock M., on the Saturday of every week, accompanied by a schedule of the same; which returns shall be published weekly by the health-officer, in such manner as may be designated by the board of health. When certificates to be returned to the health-officer. Returns to be published weekly. Ibid. § 5. Penalty for refusing certificate. Ibid. § 6. Duties of persons practising midwifery. 21. In case any physician, or the coroner, shall refuse or neglect to furnish such certificate as aforesaid, he shall forfeit and pay the sum of five dollars for each offence; and every undertaker, sexton or other person removing the dead body of any person, or having charge of any vault, burying-ground or cemetery, who refuses or neglects to perform any of the duties required by this act, shall forfeit and pay for every such offence the sum of twenty-five dollars; which sums shall in every case be recoverable in the manner and for the uses prescribed in an act, entitled "An act for establishing a health-office, to secure the city and port of Philadelphia from the introduction of pestilențial and contagious diseases, and for other purposes.”(h) 22. Every person practising midwifery, in the city aforesaid, under whose charge or superintendence a birth shall hereafter take place, shall keep a true and exact register of such birth, and shall enter the same on a blank schedule, to be furnished by the health-officer. This schedule shall contain a list of the births which have occurred under his or her care during the month, and shall set forth, as far as the same can be ascertained, the full name of each child (if any name shall have been conferred), its sex, color, the full name and occupation of its parent or parents, the day and place of its birth; and the said schedule shall be delivered, duly signed by Schedule of births the practitioner, in the form of a certificate, on the first day of each and every to be returned to health-officer. Ibid. § 7. Duties of persons celebrating marriages. Ibid. § 8. Penalty for refusing to register month, to the health-officer, or to any other authorized person calling for the same. In case the birth of any child shall have occurred, without the attendance of a physician or of a practitioner of midwifery, or should no other person be in attendance upon the mother immediately thereafter, it shall then become the duty of the parent or parents of such child, to report its birth to the health-officer, in the manner and form, and within the period above required. 23. It shall be the duty of every clergyman and every magistrate, and of the clerk or keeper of the records of all religious and other societies, and of every other person by or before whom any marriage may hereafter be solemnized or contracted, to make a faithful return of the same, at the expiration of every three months, to the health-officer, in the form of a certificate, which shall set forth, as far as the same can be ascertained, the full name of the husband, his occupation, the place of his birth, his residence and age, the date of marriage, the full name of the wife previous to the said marriage, and her age, the color of the parties, and the place where, and the name of the clergyman or other person by whom, the marriage ceremony was performed. 24. Every clergyman and every magistrate, and every clerk or keeper of the records of all religious societies, and every practising physician, and every person practising midwifery in the city aforesaid, and every undertaker and superintendplace of residence. ent or sexton of any cemetery or burying-ground in the city of Philadelphia, who shall neglect or refuse to leave his or her name and place of residence at the healthoffice, as herein provided, and who shall refuse or neglect to perform any other of the duties required as aforesaid, shall forfeit and pay for each offence, the sum of ten dollars, to be recovered in the manner and for the uses prescribed in an act, entitled "An act for establishing a health-office, and to secure the city and port of Philadelphia from the introduction of pestilential and contagious diseases, and for other purposes." (h) Ibid. § 9. Certificates to be evidence. Ibid. § 10. 25. The books or registers kept by the health-officer, or a certificate duly certified by him, as containing a copy of the record of any marriage, birth or death, shall hereafter be admitted in any court of the state, as primâ facie evidence of said marriage, birth or death. 26. The registry of marriages, births and deaths shall be kept in separate books; and there shall be general indexes to the record of all marriages, births and deaths, How registers to which indexes shall also be kept in separate books. be kept. (h) See tit. "Port Regulations." P. L. 180. 27. The health-officer shall receive, for the use of the board of health, fifty cents 8 March 1860 § 11. for granting a certificate or certified copy of the record of any marriage, birth or death, and ten cents for making a search for either a marriage, birth or death, Fees of healthwhich sums shall be paid by the party applying for the certificate or search; but officer. the said registers shall, at all times, be accessible to physicians, clergymen and lawyers, without charge. Ibid. § 12. 28. In order to secure uniformity and despatch in the registration herein provided for, the books shall contain, upon the margin of each page, printed titles, How books of with corresponding blanks, for suitable entries for marriages, births and deaths, registry to be prein the order, to wit: pared. Marriages. Full name of husband. Occupation. Residence. Birth-place. Marriages. Age, when married. Full name of wife, previous to marriage. Residence. Birthplace. Age, when married. Time of marriage. Color of the parties. Ceremony employed. Name of person pronouncing the marriage. Residence of the lastnamed person. Date of certificate. Date of registration. Births.- Full name of the child. Sex. Color. Full name of the father. Births. His occupation. The full name of the mother. Day, month and year of the birth. Street and number of house where born. Name of the physician or other person signing certificate. His residence. Date of certificate. Date of registraDeaths. Full name of the deceased. Color. Sex. Age. Married or single. Deaths. Occupation. Birth-place. Date of death. Cause of death. When a minor, the name of the father and mother. Ward, street and number of house. Date of the burial. Date of certificate. Date of registration. tion. Ibid. § 18. Blanks to be dis 29. The health-officer shall keep on hand, at all times, a supply of blanks, for gratuitous distribution to all persons whose duty it shall be to make returns under this act. The said blanks shall be prepared in the form of books, and the margin tributed gratuishall correspond with the printed titles in the books of the health-officer, as required tously. by the 12th section of this act: Provided, That all books, blanks and stationery necessary to be used in carrying out the intent and meaning of this act, shall be furnished, upon an order from the board of health, by the city commissioners, and shall be paid for by councils; and that the health-officer, in consideration of such additional services, shall receive the sum of two hundred dollars besides his present salary, to be paid to him in the manner now directed by law.(i) P. L. 560. 30. The health-officer of the city of Philadelphia shall register, in a book for 22 March 1865 § 1. that purpose, to be furnished by the city commissioners of said city, upon presentation to him of certificates, properly authenticated, by either the affidavit of the Registration of clergyman who performed the marriage-service, or in case of his death, the affida- prior marriages. vit of two persons, that they were acquainted with his handwriting and knew his signature, and that the signature attached to such certificate of marriage is the genuine signature of such clergyman, such marriages as have occurred prior to the passage of the act to which this is a supplement; and upon demand made of him by any persons interested, he shall give a certificate of such registration of marriage, duly certified by him, which shall be of like force and effect, as evidence or otherwise, as the certificates provided for in the act to which this is a supplement; and for such certificate he shall be entitled to receive the same fees as are allowed in the said act. 31. Where any person may have been married, under the laws of the state of 11 April 1866 § 1. P. L. 681. Pennsylvania, previous to the date of the passage of this act, and who may have not received, or who may have lost the original marriage-certificate, and the record of the said marriage may have been lost, mislaid or destroyed, or the place where the said record is deposited (is) unknown to the parties interested, the fact may be proven by the affidavit of the party or parties so married, and the name of the person who performed the ceremony being given, that due and diligent search has been made for said record, and that the same could not be found; and the identity and truth of the party or parties be verified by at least two witnesses, who may have known the parties so married to have lived and cohabited together as husband and wife, and that their marriage was never doubted or disputed; that an acknowledgment was made in their presence, that they were husband and wife, and the proof being satisfactory to the health-officer, a record shall be made, as specified under the law approved March 8th, 1860, and the supplement thereto. P. L. 32. 32. Where any person, residing in the state (of) Pennsylvania, has neglected 27 Feb. 1867 § 1. to have a public record made of the birth of his or her child or children, and if no such record exists, the fact may be proven by the affidavit of the parent or parents, Record of prior and the identity of the child or children, and the identity and truth of the parent births. or parents, be verified by at least two witnesses to the fact that the person or persons so applying, are the parent or parents of said child or children; or if the parents are deceased, the application for said record may be made by a legally appointed guardian of the child or children, who may be under the age of twentyone years, by proof of the death of the parents, and the identity of the child or children, and the proof being satisfactory to the health-officer, a record shall be (i) Salary increased to $900 per annum, by act 23 April 1864, P. L. 549. P. L. 32. 27 Feb. 1867 § 1. made. And for such record the fees of the said officer shall not exceed one dollar, including the certificate and seal of such officer; and (for) any subsequent certificate of said record, or any certificate of birth, marriage or death, under any previous law, including the seal of said officer, his fees shall not exceed fifty cents. Fees. 9 April 1869 § 1. P. L. 821. 16 April 1870 § 1. P. L. 1194. Registration in Ibid. § 2. Duties of clergymen, magistrates, takers, sextons, &c. 33. Any person residing in the state of Pennsylvania who has never had a public record made of their birth, or if such a record does exist, the place of said record is unknown, the fact may be proven by the affidavit of the party, setting forth the date and place of birth, name of father and mother, father's occupation, mother's maiden name, and place of birth of father and mother, and the identity of the party be verified by at least two witnesses; and the proof being satisfactory to the health-officer, a record shall be made; and for said record the fees of the said health-officer shall not exceed one dollar, including the certificate and seal of such officer, which shall be of like force and effect, as evidence or otherwise, as the certificates provided for in the act to which this is a supplement. IV. In Pittsburgh. 34. The board of health shall furnish separate books, in which shall be registered, in the manner hereinafter directed, the returns made to said board of the marriages which may be contracted, and of the births and deaths which may occur in the city of Pittsburgh. 35. It shall be the duty of clergymen of all denominations, of clerks or keepers of the records of all churches and religious societies, as also of every magistrate and of other persons, by or before whom any marriage may hereafter be solemphysicians, under- nized or contracted, and of every practising physician, and of every practitioner of midwifery, and of every undertaker, and superintendent or sexton of any cemetery or burial-ground, in the said city of Pittsburgh, on or before the first day of May next ensuing (the day in which the law goes into effect), to report his, her or their names and places of residence to the health-officer, at the office of the board of health; and it shall be the duty of the health-officer to have the same properly registered, in index form, in suitable books, to be furnished by the board of health; in the event of any of the persons above specified removing to any other place of residence, it shall be their duty to notify the health-officer of the fact, within thirty days after such removal, except where the persons removing shall cease to act in such official capacity, as makes them subject to the provisions of this act. Ibid. § 3. Physicians to give certificates to undertakers. Ibid. § 4. terred without such certificate. 36. Whenever any person shall die in the city of Pittsburgh, it shall be the duty of the physician who attended during his or her last sickness, or of the coroner (when the case comes under his notice), to furnish to the undertaker or other person superintending the burial, a certificate, setting forth, as far as the same can be ascertained, the full name, occupation, sex, color, age and condition (whether married or single), of the dead persons, and the cause and date of death. In case any person shall die without the attendance of a physician, or if the phy sician who did attend at the time of the death, refuses or neglects to furnish such certificate, it shall be the duty of the physicians of the board of health, upon being notified thereof, to make the necessary examination in such cases, and to give a certificate of death as aforesaid: Provided, It be not a case requiring the attendance of the coroner. 37. It shall be the duty of every undertaker or other person, before removing any corpse for burial, within the city, or elsewhere, to obtain from the board of No corpse to be in- health a permit so to do, which shall be granted by said board; but before obtaining such permit he shall deposit, in the office of the board of health, the phy sician's or coroner's certificate, together with his own certificate, setting forth, as nearly as can be ascertained, the birth-place of the party, ward, number and street of late residence in the city, time of residence therein, place of previous residence, duration of last illness, and the place and date of intended interment; which certificate shall be signed by the undertaker, as well as the physician or surgeon in attendance at the time of death. And no sexton or other person shall assist in, or assent to, or allow any such interment, or aid or assist about preparing any grave or place of deposit for any such body, for which such permit has not been given authorizing the same; and it shall be the duty of any sexton or other person who shall receive any such permit, to preserve and to return the same to the board of health, on or before the first Monday succeeding each interment. Ibid. § 5. Duties of practising midwifery. persons Schedule of births to be returned. 38. Every person practising midwifery in the city aforesaid, under whose charge or superintendence a birth shall hereafter take place, shall keep a true and exact register of such birth, and shall enter the same on a blank schedule, to be furnished by the board of health; this schedule shall contain a list of the births which have occurred under his or her care during the month, and shall set forth, as far as the same can be ascertained, the full name of each child (if any name shall have been conferred), its sex, color, the full name and occupation of its parent or parents, the day and place of its birth; and the said schedule shall be deliv ered, duly signed by the practitioner, in the form of a certificate, on the first day of each and every month, to the health-officer, or to any other authorized person. P. L. 1194. In case the birth of any child shall have occurred without the attendance of a 16 April 1870 § 5. physician or practitioner of midwifery, or should no other person be in attendance upon the mother immediately thereafter, it shall then become the duty of the parent or parents of such child to report its birth to the health-officer, in the manner and form, and within the period above required. Ibid. § 6. 39. It shall be the duty of every clergyman, and every magistrate, and of the clerk or keeper of the records of all religious and other societies, and of every Duties of persons other person by or before whom any marriage may hereafter be solemnized or con- celebrating martracted, to make a faithful return of the same, at the expiration of every three riages. months, to the health-officer, in the form of a certificate, which shall set forth, as far as the same can be ascertained, the full name of the husband, his occupation, the place of his birth, his residence and age, the date of marriage, the full name of the wife previous to the said marriage, and her age, the color of the parties, and the place where, and the name of the clergyman or other person by whom, the marriage ceremony was performed. Ibid. § 7. Penalties for neg 40. In case any clergyman, magistrate, physician, coroner, midwife, undertaker, sexton, clerk or any other person as aforesaid shall violate any of the provisions of this act, or refuse or neglect to perform any of the duties required by the same, lect. he, she or they shall forfeit and pay, for every such offence, the sum of not less than five nor more than twenty dollars for the use of the board of health; which sum or sums shall be recoverable as debts of like amount, and on non-payment of the same, a capias ad satisfaciendum may issue. Ibid. § 8. 41. The books or registers kept by the health-officer, or a certificate duly certified by him as containing a copy of the record of any marriage, birth or death, Registers and cershall hereafter be admitted in any court of the state, as primâ facie evidence of tificates to be evisaid marriage, birth or death. 42. The registry of marriages, births and deaths shall be kept in separate books; and there shall be general indexes to the record of all marriages, births and deaths, which indexes shall also be kept in separate books. dence. Ibid. § 9. How registers to be kept. Ibid. § 10. 43. The health-officer shall receive, for the use of the board of health, fifty cents for granting a certificate or certified copy of the record of any marriage, Fees of health-offibirth or death, and ten cents for making a search for either a marriage, birth or cer. death, which sums shall be paid by the party applying for the certificate or search; but the said register shall, at all times, be accessible to physicians, clergymen and lawyers, without charge. Ibid. § 11. 44. In order to secure uniformity and despatch in the registration herein provided for, the books shall contain, upon the margin of each page, printed titles, How registers to with corresponding blanks for suitable entries for marriages, births and deaths, in be prepared. the order, to wit: Residence. Birth-place. Marriages. Marriages.- Full name of husband. Occupation. Age, when married. Full name of wife, previous to marriage. Residence. Birthplace. Age, when married. Time of marriage. Color of the parties. Ceremony employed. Name of the person performing the marriage. Residence of the lastnamed person. Date of certificate. Date of registration. Births. Full name of the child. Sex. Color. Full name of the father. Births. His occupation. Full name of the mother. Day, month and year of the birth. Street and number of house where born. Name of physician or other person signing certificate. His residence. Date of certificate. Date of registration. Deaths. Full name of the deceased. Color. Sex. Age. Married or Deaths. single. Occupation. Date of death. Cause of death. Duration of last illness. Birth-place. Ward, number and street of late residence. Time of residence therein. Place of previous residence. Place of intended interment. Date of intended interment. Date of certificate. Date of registration. 45. The board of health shall keep on hand at all times, a supply of blanks for gratuitous distribution, to all persons whose duty it shall be to make returns under this act. 46. The board of health shall have power to make all rules and regulations for carrying the provisions of this act into effect. Ibid. § 12. Distribution of blanks. Ibid. § 14. Power to make rules. RE-HYPOTHECATION. See CRIMES. RELEASE. See DEEDS AND MORTGAGES. |