« Reply #16 on: Thursday 09 May 24 13:31 BST (UK) »
So you could say parents were in a way asked to come forward prior to 1875 then?
GRO issued notices in the press when registration was launched. The issue, and all the discussion since, really revolves around the use of the word "may" rather than "must" in the 1836 B&D Act, and how that would have been defined at the time. It was certainly the intention of parliament, and the Registrar General, that this was a compulsory system being introduced.
The press notice said ..."all births and deaths which occur after June 1837 may be registered by the registrar of the district within which they occur.." it then confirms that registration is free but then warns of the fee that becomes payable for registering births after the required 6 weeks ( which was 7s 6d), and goes on to say therefore that "All persons therefore should have the births of their children registered without delay".
The 1874 Act clarified things a little and instead of saying parents "may" register a birth it became "shall be the duty of " - it also extended the period of free registration to 3 months and reduced the fee for late registration slightly (to 5s).
Registrars had no ability to issues fines, and could only levy the statutory fees. Fines could only come from a court after prosecution. What is clear is that some parents were prosecuted for failing to register or refusing to regsiter births right from the start in 1837, but failing/refusal only became an offence once the registrar had issued a notice requiring the parents to register which they then ignored.
Would make a great new episode for Dave Annal's Setting the Record Straight series on YouTube. thought.
Researching:
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