[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/pra1867209.txt

[New search] [Help]

PUBLIC RECORDS (IRELAND) ACT, 1867

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - LONG TITLE

An Act to amend the Public Records (Ireland) Act, 1867, and to
make provision for keeping safely Parochial Records in Ireland.
[11th August 1875]
Preamble rep. by SLR 1893 (No.2)

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 1
Short title.

1. This Act may be cited for all purposes as "The Public Records
(Ireland) Act, 1867, Amendment Act, 1875."

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 2
Extent of Act.

2. This Act shall extend to Ireland only.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 3
Construction.

3. The Public Records (Ireland) Act, 1867, and this Act shall be
read and construed together as one Act.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 4
Interpretation.

4. In this Act

The expression "parochial officer" shall be taken to mean any
rector, vicar, curate, parish clerk, or other parish officer of the
Church of Ireland, holding such office on the thirty-first day of
December one thousand eight hundred and seventy, and any person who
after the said date discharged, or at the present time discharges,
or who may hereafter discharge duties similar or analogous to the
duties which such parochial officer then discharged:

The term "record" shall mean any diocesan or parochial record,
minute of proceedings, paper, book, document, or registry, of, or
relating to any baptism, marriage, burial, or ordination, or other
diocesan or parochial matter of a public nature, which, on the
thirty-first day of December one thousand eight hundred and seventy,
was in the possession or custody of any parochial officer:

The expression "Master of the Rolls" shall mean the Master of the
Rolls for the time being in Ireland:

The expression "Record Office" shall mean the [Public Record Office
of Northern Ireland].

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 5
Records to be in custody of the Minister of Finance.

5. Every record shall be under the charge and control of the
[Minister of Finance], in the name and on behalf of Her Majesty,
subject to the provisions relating to their care and custody
herein-after contained.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 6
Custody and removal of records.

6. Any record which on the thirty-first day of December one
thousand eight hundred and seventy was in the custody and care of
a parochial officer shall continue in the custody and care of such
person, provided that he now continues, and so long as he shall
hereafter continue, to discharge the same or similar duties in the
church or chapel or parish with which such record was connected. As
to all other records, and also as to the said records, when such
parochial officer shall cease in such church or chapel or parish to
discharge the said duties, the [Minister of Finance] shall, as soon
as conveniently may be, issue warrants directed to the several
persons having the care of any record or records, ordering such
persons to allow the same to be removed from its or their present
place of custody, and deposited in the Record Office; and every
such warrant shall be kept among the public records in the custody
of the [Minister of Finance], and shall be sufficient warrant for
the removal of such record or records as shall be specified
therein.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 7
Custody of books of marriages, baptisms, and burials.

7. In case, since the thirty-first day of December one thousand
eight hundred and seventy, entries of marriages, baptisms, burials,
or other matters shall have been continued in the same book which
had been in use for the purpose before the said date, it shall be
lawful for the [Minister of Finance] to make a special order in
relation to such book, and thereby to authorise the custody and
care of such book to be retained by any person whom he shall by
such order authorise and such person shall on accepting such custody
and care be bound to take care thereof.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 8
Validity of records after removal.

8. The removal of any record to the Record Office, by authority of
the [Minister of Finance], shall not in any manner affect the
authenticity or legal validity of such record; but any such record
deposited in the Record Office, and there kept under the authority
of the [Minister of Finance], shall be taken to be in its legal
place of deposit, and every such record removed as aforesaid shall
be of the same legal validity in all courts and proceedings in the
same manner as if such record had not been removed.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 9
Power to make copies of records.

9. The [Minister of Finance] or Deputy Keeper of the Records may
allow copies to be made of any of the said records at the request
and costs of any person desirous of procuring the same; and any
copy so made shall be examined and certified as a true and
authentic copy by the Deputy Keeper of the Records, or by the
Assistant Deputy Keeper of the Records, and shall be sealed or
stamped with the seal of the Record Office, and delivered to the
party for whose use it was made.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 10
Copies, sealed with seal of Record Office, to be evidence.

10. Every copy of a record in the custody of the [Minister of
Finance], certified as aforesaid, and purporting to be sealed or
stamped with the seal of the Record Office, shall be received as
evidence in any court of justice, and before any legal tribunal,
and before either House of Parliament, or any committee of either
House, without any further or other proof thereof, in every case in
which the original record could have been received there as
evidence.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 11
Custody of records till removal.

11. Until removal to the Record Office pursuant to the provisions
of this Act, every record shall remain in the custody and care of
the parochial officer with whom it is at the time of the passing
of this Act, and such officer shall, during such time, be bound to
take care of same.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 12
Parochial officers to make inventories.

12. Every parochial officer shall be bound to return to the
[Minister of Finance] a complete and true inventory of all records
in his possession, custody, or care, in such form as the [Minister
of Finance] shall direct, within three months after he shall be
directed so to do.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 13
Notice of resignation, &c. and of death of parochial officer.

13. Every parochial officer having the custody and care of any
record shall, if at any time during his life he ceases to
discharge his duties in the church or chapel or parish with which
such record was connected, give notice thereof to the [Minister of
Finance]; and every registrar of deaths in Ireland, on receiving
notice of the death of any parochial officer, shall forthwith
transmit by post to the [Minister of Finance] a certificate under
his own hand of such death, with the particulars of the time and
place of death, and on receipt of such certificate the [Minister of
Finance] shall transmit to the said registrar of deaths the cost of
such certificate and transmission.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 14
Expenses of Act.

14. All expenses incurred by or by order of the [Minister of
Finance] in the execution of this Act shall be paid out of moneys
to be provided by Parliament for such purposes.

PUBLIC RECORDS (IRELAND) ACT, 1867, AMENDMENT ACT 1875 - SECT 15
Violation of the provisions of the Act a contempt.

15. If any parochial officer shall neglect to furnish such inventory
when so required, or do any other act in violation of the
provisions and directions of this Act, he shall be guilty of
contempt, and shall and may be proceeded against by order of the
[Minister of Finance] as if he had disobeyed a judicial order made
by him in a cause.