Author Topic: When did registering deaths become compulsory?  (Read 14016 times)

Offline paulalou

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When did registering deaths become compulsory?
« on: Tuesday 14 June 05 13:57 BST (UK) »
Hi,

I'm looking for an ancestor who i think died before 1850 (from a child's marriage certificate). I've searched the indexes from 1837 to 1850 but have had no luck finding anyone of the name anywhere near the area i know the family where living in. I'm currently searching parish records in the area from 1831 (his last child's birth) to 1837 but again with no luck so far. Does anyone know when registestering deaths became compulsory? I have a feeling i've read somewhere that it wasn't for  a few years after the 1837 date. Has anyone else had a case where a death wasn't registered after 1837 (assuming the surname was spelt correctly) but a burial record has been found?

Paula
Census information is Crown Copyright, from www.nationalarchives.gov.uk

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Hammersmith, Manchester, Kent, Islington: Smith
Yorkshire: Hauxwell, Woodward, Butterfield
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Offline Little Nell

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Re: When did registering deaths become compulsory?
« Reply #1 on: Tuesday 14 June 05 22:14 BST (UK) »
According to Mark Herber's Ancestral Trails

Quote
Nearly all deaths were registered because from 1837 burial was only permitted on the production of a death (or coroner's) certificate, which confirmed that civil authorities had been informed of the death.

However, he goes on to say that the Births and Deaths Act of 1874 imposed a duty on those present to report a death to the registrar, but then only talks about the penalties for late and non-registration of births.

The person you are looking for may have died while away from home and hence the death will be registered in that area, not the home area.

Nell
All census information: Crown Copyright www.nationalarchives.gov.uk

Offline Guy Etchells

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Re: When did registering deaths become compulsory?
« Reply #2 on: Tuesday 14 June 05 22:50 BST (UK) »
In effect from 1837 as it was a requirement that "the Person who shall bury or perform any Funeral or any religious Service for the Burial shall forthwith give Notice thereof to the Registrar :"
Cheers
Guy
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Offline jmp

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Re: When did registering deaths become compulsory?
« Reply #3 on: Tuesday 14 June 05 23:43 BST (UK) »
Hi Little Nell,

 Yes it is very frustrating isnt it. I am having exactly the same problem with one of my ancestors.  I have also applied for every death certificate for the same name even out of area without success.  Perhaps your relative was buried under a middle name?

Good luck with your search
Jackie
Devon: Hortop, Phillips, Palmer, (Lamerton area)
Derbyshire: Hancock, Widdowson (Sheffield area)
Suffolk:Ratcliff ,Howlett, (Lowestoft area)
Kent:Ratcliff (Ramsgate area)
Norfolk: Stout, Fiske


Offline ndedross

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Re: When did registering deaths become compulsory?
« Reply #4 on: Wednesday 15 June 05 20:19 BST (UK) »
I would say there is a big difference between a "requirement" and "enforcement". In the case of my family I am missing many death records between 1837 & 1876 (In fact no-one died as far as the civil record is concerned, they just disappeared). The missing dozen were all in London - and most likely were buried in a private/commercial burial ground. Such organizations may not be interested in meeting the "requirement" - and bear in mind that many of their clients may well have just lost the breadwinner and needed an 'economy' burial. Registration really was not enforced until the mid-1870s and if there is no enforcement, then in the case of a death commercial enterprises will find a way to exploit an opportunity.
Nigel

Nigel
Dedross. Gallaway. Starling. Singleton. Atkins. Burkinshaw. Chippendale. Shacklock. Lightfoot. Fisher. London. Middlesex. Yorkshire. Switzerland.

Offline Valda

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Re: When did registering deaths become compulsory?
« Reply #5 on: Wednesday 15 June 05 21:52 BST (UK) »
I think there is a tendency to think more civil registrations of births and deaths are missing than is really the case. With some creativity and flexibility it is possible to find more of those 'missing' registrations in the index.
The obvious first possibility is the surname is mispelt. Ages can often vary sometimes considerably, but so can first names. I have a Henry whose death was registered as William, a Joseph whose death was registered as James and a James whose death was registered by his widow as John William Henry!
I also have instances of families, who appear consistently on censuses in one surname but register all their civil events in another, or people who change their names for whatever reason.
I research a one name study that goes into the low several thousands giving me a wide sample of people. In all I only hold 4 cases where I have a burial and no death registration, in 1838, 1840, 1843 and 1853. In three of those cases the death involved very young children. Only one burial was in a town.
I have done extensive searches of several of the large London cemetery records and some of the smaller non-conformist cemeteries in London so I have searched records not just where it is easier to do so in the more rural parish registers.
I do hold several cases where I have other records which indicate a person has died in an area, but I cannot find a death registration. One is a newspaper account of the person drowning in the Thames. The body if it was ever found further down the river, was registered as unknown. In the same quarter that man died in, 190 other people had their deaths registered as unknown. Over a hundred years later in the same quarter in a year in the 1970s 12 people had their deaths registered as unknown. That's a lot of unknowns over the years.
I also search civil registrations abroad and find the most unexpected people, who as far as I know never left the area they were born in, suddenly turning up dying in very unexpected places.
It is very rare however for me to have a person in my records who I know definitely died in this country, but I have yet to find a death registration for.
In the first few years of registration, when registrars were paid according to the number of births, marriages and deaths registered, some births were invented, and some records were ‘poached’ from adjacent registration districts. So though some unscrupulous people might have been interested in turning a blind eye to burying people without a death certificate, registrars would be very keen to seek them out, since it would be they who were out of pocket. Besides what reason would a person have for not obtaining a death certificate for the person who had died? If you were that poor the parish would bury the person and your loved one would get a Christian burial of sorts. To bury illegally robbed the dead person and the family of a Christian burial something that would be very important even to the poorest family. To pay someone to bury someone illegally would surely cost more than the death certificate and a pauper's grave.
Anyone in a church or cemetery who risked burying someone without a certificate risked being party to a death that had occurred not by natural causes. All burial places were required to keep records of their burials and in towns at least undertakers would also have to be involved in any illegal burying process and of course if you wanted a Christian burial the minister as well. Potentially alot of people to pay.
Unless you believe there was a flourishing trade in bodies entering cemeteries at dead of night and being buried by relatives or gravediggers who had had their palms crossed with silver, then the vast majority of burials are either in the index somewhere, not written into the central register because the return didn't make it to the central register, but the event is held by the local registrar (and the death was in fact registered), or accept in the end in a small percentage of cases that the death has slipped through the system and not been registered for whatever reason. You could also ask yourself how sure you really are that the person concerned actually was in this country when their death occurred.
Regards
Valda
Census information is Crown Copyright, from www.nationalarchives.gov.uk

Offline jmp

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Re: When did registering deaths become compulsory?
« Reply #6 on: Wednesday 15 June 05 23:07 BST (UK) »
That's very interesting Valda, but can I ask how you know your Henry was registered as William etc? For most of us unless there is some evidence of a middle name then how would you know it was the same person.  I ask this because I have a relative Benjamin Howlett who does not appear even accounting for deaths abroad, at sea or under a misspelt name on the register.  Of course he may appear as a Fred or John, but without applying for every death certificate how would I ever know?

Curiously he appears on the NBI with a burial date, age which would appear accurate to the year, and place etc but the same church records indicate that this burial is actually for a daughter of his! No trace of him at all!

I would agree with you that the idea of people being buried in unhallowed ground at that time would be unthinkable to most and as you say the implications for the people doing it incredibly risky.

Perhaps you can give some pointers as to how to crack problems such as the above as you have clearly come across them before.

Jackie
Devon: Hortop, Phillips, Palmer, (Lamerton area)
Derbyshire: Hancock, Widdowson (Sheffield area)
Suffolk:Ratcliff ,Howlett, (Lowestoft area)
Kent:Ratcliff (Ramsgate area)
Norfolk: Stout, Fiske

Offline Guy Etchells

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Re: When did registering deaths become compulsory?
« Reply #7 on: Wednesday 15 June 05 23:49 BST (UK) »
I would say there is a big difference between a "requirement" and "enforcement". In the case of my family I am missing many death records between 1837 & 1876 (In fact no-one died as far as the civil record is concerned, they just disappeared). The missing dozen were all in London - and most likely were buried in a private/commercial burial ground. Such organizations may not be interested in meeting the "requirement" - and bear in mind that many of their clients may well have just lost the breadwinner and needed an 'economy' burial. Registration really was not enforced until the mid-1870s and if there is no enforcement, then in the case of a death commercial enterprises will find a way to exploit an opportunity.
Nigel

Nigel
I would suggest that there would be very few officials who would risk losing up to ten pounds a time (the penalty for burying a body without a certificate) just to help the bereaved family especially when paupers would be buried at the expense of the parish.
If any body has been buried without the death being registered (allowing for mistakes in recording the name) the most likely situation is they died outside their parish and were buried as a person name unknown.
http://anguline.co.uk/Framland/index.htm   The site that gives you facts not promises!
http://burial-inscriptions.co.uk Tombstones & Monumental Inscriptions.

As we have gained from the past, we owe the future a debt, which we pay by sharing today.

Offline ndedross

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Re: When did registering deaths become compulsory?
« Reply #8 on: Thursday 16 June 05 01:07 BST (UK) »
Sorry Guy,

But without enforcement the penalty had no value.

After 1876, yes it was different.

I've searched every available record over the last 20 years so I know that my dead ancestors are not in Civil Records.

Distressing as it may sound today - people did not comply with the law if they could avoid it!.

Nigel
Dedross. Gallaway. Starling. Singleton. Atkins. Burkinshaw. Chippendale. Shacklock. Lightfoot. Fisher. London. Middlesex. Yorkshire. Switzerland.