1875 I think when the rules were tightened, hence why a number of pre 1875 births slipped through the net as it was the onus on the registrar and his deputies to tour the districts getting notes on new births, so no wonder a percentage overall was missed. From 1875 it was the responsibility of the parents, or whoever was present at the birth, or the next of kin etc.
Under the 1836 Registration Act, Section XVIII,
registration was compulsory in the case of the Registrar. The onus was on him to collect births and deaths. In carrying out his duties the parents were compelled, under the Act, Section XX, to supply the information when asked. The Act states the parent or occupier 'shall' give information to the Registrar on a birth 'upon being requested to do so.' In official documents 'shall' means compulsion. The reason why it is thought that registration was not compulsory is that in Section XIX the act states that the “Father or Mother of any Child ........
may*, within forty-two Days next after the Day of such Birth or within Five Days after the Day of such Death respectively, give Notice of such Birth or Death to the Registrar of the District;" In this context
may means to have the opportunity, or be permitted by circumstances not to wait for the registrar, but to go to him to register the birth, or death, not the option to register the birth or not.
If the birth was not registered within forty-two days there was also a fee of two Shillings and Sixpence entitlement for the Superintendent Registrar, and five shillings for the registrar, Section XXII. The registrar was also paid for every entry of birth and deaths, Section XXIX, two shillings and sixpence each for the first twenty entries, and one shilling for every subsequent entry of Births or Deaths in each Year. This gave him the incentive to make sure he carried his duties. Under sections XXI and XXVI, births and deaths at sea on a British Vessel, registration is compulsory.
*May = to have the potentiality to, be at liberty to, be permitted by circumstances to.A penalty not exceeding £2 was introduced in Section 39 of the 1874 Registration of Births & Deaths Act, for the non-registration of a birth (the wording of the Act is actually for “failing to give information concerning the birth…….. as required by the said Acts”). There was also a penalty for late registration in the 1874 Act, as in the 1836 Act.
Stan