Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697640664904.pdf (Bahamas)
BIRTHS AND DEATHS REGISTRATION [CH.188 – 1 BIRTHS AND DEATHS REGISTRATION CHAPTER 188 BIRTHS AND DEATHS REGISTRATION LIST OF AUTHORISED PAGES 1 – 4 5 – 6 7 – 18 LRO 1/2006 LRO 1/2002 Original ARRANGEMENT OF SECTIONS SECTION 1.

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Short title.

Interpretation.

Registrar General of Births and Deaths.

Division of The Bahamas into districts and the appointment of registrars.

Appointment of deputy registrars and assistant registrars.
Provisions of registrars.

Duties of registrar.

Duties of assistant registrars.

Duties of registrars as to registers.

Registrar General to retain completed registers.

Duty of masters of vessels to report birth or death.

Registration of Births Information concerning birth to be given within twenty-one days.

Finding of newborn child.

Registration of child born out of wedlock.

Subsequent registration of name of a child.

Requisition of registrar or assistant registrar to be made after twenty- one days.
Registration of Deaths Information concerning death to be given within twenty-one days.

17.

18.

Where death does not occur in a house.

19.

20.

Duty of coroner.

Requisition of registrar or assistant to be made after twenty-one days.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS LRO 1/2006 CH.188 – 2] BIRTHS AND DEATHS REGISTRATION 21.

Registration of still-births.

Late Registration - Births and Deaths 22.

Supplementary registration.


Orders for Burial and Certificate of Cause of Death 23.

Burial or cremation orders and certificates.

Evidence, etc.

Correction of errors.

Evidence.

Evidence of contents of certain registers.

Validating certain registrations.

Validation and indemnity in respect of certain payments.

Offences By master or chief officer of a vessel.

Penalties for contravention of ss.

13 and 23.


Penalty for refusing to answer questions or to comply with requisition of registrar or assistant registrar.

Penalty for false answers, etc.

Penalty for destroying or injuring registers, etc.

Penalty for refusing to register birth or death.

Transfer of books, etc.

Penalty for refusing to deliver up books, etc.

Summary Jurisdiction.

Searches and certificates.

Miscellaneous Notices, information, etc., may be sent by post.
Registrars continued in office as assistant registrars.

Rules.

Yearly summary and report.

Expenses.

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STATUTE LAW OF THE BAHAMAS LRO 1/2006 BIRTHS AND DEATHS REGISTRATION [CH.188 – 3 CHAPTER 188 BIRTHS AND DEATHS REGISTRATION An Act to regulate the registration of births and deaths.
[Assent 17th May, 1929] [Commencement 1st April, 1931] 2 of 1929 12 of 1930 15 of 1933 27 of 1962 8 of 1966 2 of 1971 E.L.A.O., 1974 1 of 1979 5 of 1987 4 of 1991 6 of 2002 S.I.

36/2005 1.

This Act may be cited as the Births and Deaths Short title.

Registrations Act.

2.

In this Act, unless the context otherwise requires — Interpretation.
“assistant registrar” means a person appointed as such under the provisions of section 5 of this Act; “district” means any one of the districts into which The Bahamas is divided under this Act and includes a subdivision thereof; “house” includes a public institution; 8 of 1966, s. 2.

“Minister” means the Minister responsible for the E.L.A.O., 1974.
Registry of Records; “occupier” includes the manager, keeper, matron, superintendent or other chief resident officer of every house, and where a house is let in separate apartments or lodgings, includes a person residing in such house who is the person under whom such separate apartments or lodgings are immediately held or his agent; “public institution” means gaol, prison, lock-up, hospital, the hospital approved by the Minister for the treatment of mental disorder and any public or charitable institution prescribed by rules made under this Act; “register” includes the sheets or forms for the registry of births and deaths; “registrar” means the registrar of births and deaths of a district and includes a deputy registrar while so acting; 5 of 1978, Sch.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS LRO 1/2006 CH.188 – 4] BIRTHS AND DEATHS REGISTRATION 4 of 1991, s. 4.

“Registrar General” means the Registrar General of The Bahamas or the Deputy Registrar General or Assistant Registrar General; “relative” includes a relative by marriage.

Registrar General of Births and Deaths.

Division of The Bahamas into districts and the appointment of registrars.

E.L.A.O., 1974.
E.L.A.O., 1974.

8 of 1966, s. 3; E.L.A.O., 1974; S.I.

116/1965.

3.

The Registrar General shall be Registrar General of Births and Deaths for The Bahamas.

4.

(1) The Minister may by order divide The Bahamas into districts as may be deemed expedient, and define the extent and limits of such districts.

(2) The Governor-General, acting in accordance with the advice of the Public Service Commission, may (where it may be necessary) appoint registrars of districts.
(3) Until otherwise ordered by the Minister, The Bahamas shall be deemed to be divided into the districts set out in the Births and Deaths (Division of The Bahamas) Order.

8 of 1966, s. 3.

(4) All appointments made under this Act shall be published in the Gazette.

ex Administrators to be officio registrars.

S.I.

36/2005 Appointment of deputy registrars and assistant registrars.

E.L.A.O., 1974.

Provisions of registrars.

8 of 1966, s. 4.


(5) Administrators shall ex officio be registrars of the district within their administration for which no other registrars are appointed.

5.

The Governor-General, acting in accordance with the advice of the Public Service Commission, may appoint — (a) a fit and proper person to act as a deputy registrar in the case of illness or temporary absence of a registrar of a district; and (b) assistant registrars for a district or parts thereof.

6.
6.

The Registrar General shall cause to be provided a sufficient number of registers for entries of births and deaths in the prescribed forms and shall furnish to every Registrar such registers as are required for the purposes of this Act.

Duties of registrar.

8 of 1966, s. 5.

7.


Every registrar shall be responsible for ensuring the registration of every birth or death occurring in his district which is reported to him or comes to his knowledge and STATUTE LAW OF THE BAHAMAS LRO 1/2006 BIRTHS AND DEATHS REGISTRATION [CH.188 – 5 shall make such enquiries as he may consider necessary for ascertaining if there are any births or deaths which have not been reported to him.

8.
Every assistant registrar shall — (a) inform himself carefully of every birth and death occurring within the district or subdivision of the district for which he is appointed and shall forthwith enter the same, together with all the particulars relating to such birth or death as required in the prescribed forms; (b) as soon as possible after the registration of any birth or death forward to the registrar the triplicate prescribed containing the particulars thereof and, in case no birth or death has been registered in any month, shall so inform the registrar in writing at the end of such month; completed forms in (c) forthwith inform the registrar that any person required to give information as to any birth or death has made default.
9.

(1) A registrar, upon receipt from an assistant registrar of the registers sent to him in accordance with the provisions of section 8 of this Act shall examine them to ensure that they comply with the requirements of this Act and upon being so satisfied shall seal all three copies with an official seal bearing such device as may be prescribed for the purpose and shall return one sealed copy to the assistant registrar concerned for transmission to the person making the registration.
(2) As soon as possible after the last day of each month a registrar shall transmit to the Registrar General one sealed copy of each register received by him during the previous month.

The third sealed copy of each register shall be retained by him in safe custody as part of his official records.

10.

The Registrar General, upon receipt of completed registers for each month of the year, shall cause the same to be filed and retained as records in his office.

11.
11.

It shall be the duty of the master or chief officer of every vessel belonging to The Bahamas forthwith to inform the registrar of a district at which he shall arrive Duties of assistant registrars.

8 of 1966, s. 6.

8 of 1966, s. 6.

Duties of registrars as to registers.

8 of 1966, s. 7.

Registrar General to retain completed registers.

8 of 1966, s. 8.

Duty of masters of vessels to report birth or death.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS LRO 1/2002 CH.188 – 6] BIRTHS AND DEATHS REGISTRATION Information concerning birth to be given within twenty- one days.

2 of 1971, s. 2.

Finding of newborn child.

Registration of child born out of wedlock.


6 of 2002, s. 18. of any birth or death which shall have occurred on his vessel at sea, together with such particulars thereof as may be known and every such birth or death shall be registered as having occurred in such district with a note to the effect that it took place at sea on the vessel arriving at such district.

Registration of Births 12.


In the case of every child born alive it shall be the duty of the midwife or other person who delivered the child and, in default of such midwife or other person, the following persons, that is to say — (a) each person present at the birth of the child; (b) the father and mother of the child; (c) the person having charge of the child; (d) any occupier of the house in which to his knowledge the child was born.
within twenty-one days next after such birth, to give to the registrar or assistant registrar information of the particulars required to be registered concerning such birth.

13.
13.

In case any living new-born child is found exposed or unattended, it shall be the duty of any person finding such child and of any person in whose charge such child may be placed within twenty-one days of the finding of such child to give notice thereof to the registrar or assistant registrar together with such information of the particulars required to be registered concerning the birth of such child as he possesses.

14.
In the case of the birth of a child born out of wedlock — (a) no person shall as father of such child be required to give information under this Act concerning such birth; (b) a registrar or assistant registrar shall not enter in any register the name of any person as father of such child unless at the joint request of the mother and the person acknowledging himself to be the father, such request taking the form of a written declaration witnessed by the registrar, or an assistant registrar, or justice of the peace or a notary public.
STATUTE LAW OF THE BAHAMAS LRO 1/2002 BIRTHS AND DEATHS REGISTRATION [CH.188 – 7 115.

(1) When the birth of any child has been registered and the name (if any) by which it has been registered is altered, or if it was registered without a name then when a name is given to the child, the parent or guardian of such child or other person procuring such name to be altered or given may at any time after such birth apply to the Registrar General for a name to be altered, or registered, as the case may be.
Such application shall be in the form of an affidavit or declaration sworn or made before a justice of the peace, or a notary public and the Registrar General may give effect to such application by amending without obliteration or adding to the original entry.

(2) This section shall also apply in the case of a birth which occurred prior to the coming into operation of this Act.

16.
(1) Where a birth has, from the default of the parents or other persons required to give information concerning it, not been duly registered, the registrar or assistant registrar may at any time after the expiration of twenty-one days from such birth, or of the finding of a living new-born child, by notice in writing in the prescribed form require any of the persons required by this Act to give information concerning such birth, to give such information to the best of his knowledge and belief; and it shall be his duty to comply with such requisition within eight days of the receipt of such notice.
(2) The registrar or assistant registrar shall keep a copy of any notice given under the preceding subsection.

Registration of Deaths 17.
When a person dies in a house it shall be the duty of the nearest relative of the deceased present at the death or in attendance during the last illness of the deceased, and in default of such relatives, of every other relative of the deceased dwelling or being in the same settlement as the deceased, and in default of such relatives, of each person present at the death, and of the occupier of the house in which to his knowledge the death took place, and, in default of the persons hereinbefore in this section mentioned, of each inmate of such house and of the person to be causing the deceased person the body of Subsequent registration of name of a child.
8 of 1966, s. 10.

Requisition of registrar or assistant registrar to be made after twenty-one days.

8 of 1966, s. 11.

Information concerning death to be given within twenty- one days.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS [Original Service 2001] CH.188 – 8] BIRTHS AND DEATHS REGISTRATION buried to give, within twenty-one days after such death shall have taken place, to the best of his knowledge and belief, to the registrar or assistant registrar information of the particulars required to be registered concerning such death.

18.
Where a person dies in a place which is not a house it shall be the duty of every relative of such deceased person having knowledge of any of the particulars required to be registered concerning the death and, in default of such relative, of every person present at the death and where a dead body is found elsewhere than in a house it shall be the duty of any person finding and of any person taking charge of the body and in both the above cases of the person causing the body to be buried, within twenty- one days after such death shall have taken place or such body shall have been found, to give to the registrar or assistant registrar such information of the particulars required to be registered concerning the death as the informant possesses.
19.

Where an inquest is held on any dead body or an enquiry concerning it is made, the coroner, if he is not also a registrar, shall forthwith inform the registrar or assistant registrar thereof and of the finding of the jury or of his own finding.

20.
(1) Where any death has, from the default of any person required to give information concerning it, not been registered the registrar or assistant registrar may, at any time after the expiration of twenty-one days from such death or from the finding of a dead body elsewhere than in a house, by notice in writing in the prescribed form, require any of the persons required by this Act to give information concerning such death, to give such information to the best of his knowledge and belief; and it shall be his duty to comply with such requisition within eight days of the receipt of such notice.
(2) The registrar or assistant registrar shall keep a copy of any notice given under subsection (1) of this section.

21.

Where a child is still-born such still-birth shall be treated as a death and the provisions of this Act relating to deaths shall apply thereto.

But the registrars are also hereby required to insert such still-birth in the register of births.

Where death does not occur in a house.

Duty of coroner.

Requisition of registrar or assistant to be made after twenty-one days.
8 of 1966, s. 12.

Registration of still-births.

STATUTE LAW OF THE BAHAMAS [Original Service 2001] BIRTHS AND DEATHS REGISTRATION [CH.188 – 9 Supplementary registration.

1 of 1979, s. 2.

Late Registration - Births and Deaths 22.
(1) When the registration of a birth or death has not been effected before the registers for the month in which such birth or death took place have been transmitted to the Registrar General in accordance with section 9 such birth or death shall be entered in the form prescribed for registration of births and deaths as the case may be and such forms shall be marked “Supplementary Register” and forwarded by the registrar concerned to the Registrar General as soon as possible after registration has been completed.
(2) All supplementary registers shall be issued, filed and maintained as records of births and deaths in the offices of the registrars and the Registrar General together with and in the same manner as the ordinary monthly registers for the districts concerned.
(3) Subject to subsections (4) and (5) of this section, a registration under subsection (1) of this section shall not be effected where the birth or death occurs more than one year before the date on which the application is made for the registration of such birth or death.
(4) Notwithstanding subsection (3) of this section, a registrar or assistant registrar may enter in a register any birth or death which occurred more than one year but not more than three years before the date on which application is made for the registration of such birth or death if the application is accompanied by an affidavit — (a) setting out the facts required to be registered and also the reasons for the delay; and (b) sworn before a justice of the peace or notary public — (i) by two persons required by this Act to give information or notice concerning the birth or death or otherwise to report the birth or death for registration: or (ii) failing any such persons mentioned in subparagraph (i) of this paragraph by credible persons having knowledge of the facts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS [Original Service 2001] CH.188 – 10] BIRTHS AND DEATHS REGISTRATION (5) In the case of such a birth as is mentioned in subsection (4) of this section, a registrar or assistant registrar may refuse to register such birth unless — (a) proof that such birth took place is established to his satisfaction — (i) by there being produced to him the baptismal certificate of the person for the registration of whose birth the application is made; or as case in his opinion (ii) by such person or persons conversant with the the circumstances warrant appearing before him and solemnly swearing an oath (which any registrar or assistant registrar is hereby empowered to administer) as to the facts which are required to be registered concerning the birth; and Burial or cremation orders and certificates.
2 of 1971, s. 4.

(b) the person requesting the registration can prove to his satisfaction that — (i) there are good reasons for the delay in registering the birth; and (ii) grave hardship or injustice will result unless such birth is registered.

Orders for Burial and Certificate of Cause of Death 23.
(1) No person shall bury or cremate, or cause or procure to be buried or cremated, the dead body of any person, or perform any religious service for the burial or cremation of such a body, unless there has been granted — (a) in any case where an inquest or inquiry has been held by a coroner into the cause of the death, an order in the prescribed form signed by the coroner authorising such burial or cremation; or (b) in any case where such an inquest or inquiry has not been held — (i) where the dead body is to be buried, a certificate in the prescribed form by a medical practitioner certifying the cause of the death; or STATUTE LAW OF THE BAHAMAS [Original Service 2001] BIRTHS AND DEATHS REGISTRATION [CH.188 – 11 (ii) where the dead body is to be cremated, a certificate in the prescribed form by the medical practitioner who attended the deceased during his last illness definitely certifying the cause of the death, together with a further certificate in the prescribed form by a second medical practitioner (being a practitioner approved by the Minister responsible for Medical and Health Services for the purpose of this subparagraph as having not less than five years of medical experience) stating that, after examining the dead body, he confirms the cause of death as certified by the certificate of first-mentioned medical practitioner.
the (2) Such fee as may be prescribed may be charged by a medical practitioner in respect of any certificate confirming the cause of death under subparagraph (ii) of paragraph (b) of subsection (1) of this section, but save aforesaid no fee shall be payable in respect of any order or certificate granted under that subsection.
(3) Any such order or certificate as aforesaid shall within seven days next after the date of the grant thereof be produced to the registrar of the district in which the death took place by the person to whom it is granted.

(4) In the expression “medical practitioner” means a person registered as a qualified practitioner under the Medical Act.
section this (5) The provisions of this section shall apply to New Providence and to such other parts of The Bahamas as the Minister may from time to time by order direct.

Ch.

224.

E.L.A.O., 1974.

24.

(1) No alteration shall be made in any register of births and deaths except as in this section provided, that is to say — Correction of errors.
(a) any clerical error which may from time to time be discovered in any such register may be corrected by the Registrar General; (b) any error of fact or substance in any register may be corrected by entry in the margin or end of the register (without any erasure or alteration of the original entry) by the Registrar General upon –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS [Original Service 2001] CH.188 – 12] BIRTHS AND DEATHS REGISTRATION production to him by the person requiring such error to be corrected of a declaration setting forth the nature of the error and the true facts of the case and made before a notary public or justice of the peace by two persons required by this Act to give information concerning the birth or death with reference to which the error has been made or in default of such persons then by two credible persons having knowledge of the truth of the case; (c) any alteration in a register of births may be made in conformity with the provisions of section 15 of this Act.
(2) Notwithstanding the provisions of subsection (1) of this section no alteration of any error of fact or substance shall be made to any register of births after the expiration of five years from the date of registration of the birth in respect of which the application to alter is made.
(3) In this section the expression “clerical error” means — (a) year, wrong or omitted; (b) month, wrong, where it is evident from the preceding and succeeding entries; (c) omission of sex, where the same is apparent from the name supplied; (d) error or omission in copying a Christian name from a baptismal certificate or certificate of naming; (e) error in spelling any word which is not a Christian name or surname, or the misplacement or repetition of any word; (f) any other error apparent from other entries made; and “error of fact or substance” means all errors which are not defined as clerical errors.
(4) This section shall be retrospective operation.

in its 25.

(1) All registrations of births and deaths effected and all acts performed under the Acts hereby repealed shall be deemed to have been registered and performed in accordance therewith and shall continue to be regarded as good and valid.

8 of 1966, s. 16.

1 of 1979, s. 3.

Evidence.
STATUTE LAW OF THE BAHAMAS [Original Service 2001] BIRTHS AND DEATHS REGISTRATION [CH.188 – 13 (2) All certified copies of any entry in the register kept by the Registrar General or a registrar in accordance with the provisions of this Act or any of the Acts by this Act repealed purporting to be signed and certified by the Registrar General or a registrar as true copies shall be admissible as prima facie evidence of the facts contained therein in any court of justice or before any person authorised by law or by consent of the parties to hear, receive and examine evidence, without further proof of such entry.
26.

(1) Registers of births, baptisms, deaths and burials which have been duly made and kept by ministers of the Christian religion not belonging to the Church of England shall be admissible as evidence in all courts of justice in The Bahamas.
(2) All such registers made before the coming into operation of this Act and all copies thereof respectively certified under the hand of the person for the time being having the lawful care of the same, to be true copies, shall be and the same are hereby declared to be admissible in all courts of justice in The Bahamas as prima facie evidence of the facts contained therein relating to such birth, baptism, death and burial respectively to the same extent as if such registers had been made and kept and such copies had been certified by persons appointed by law to make, keep and certify the same.
(3) The registers of birth, marriages and deaths for the Parish of Saint Matthew made under the authority of section 3 of the Appropriation Act 1852, shall for all purposes have the same effect as though they were the books of original entry.

27.
27.

(1) Any act performed or anything done by a commissioner in respect of the registration of a birth or a death, previous to the coming into operation of this Act which may be invalid by reason only of the fact that such commissioner had not been appointed a registrar of births and deaths shall be deemed to be and to have been validly and properly done.
(2) All registrations of births and deaths effected and all acts performed by registrars other than commissioners subsequent to the coming into operation of the Registrars 8 of 1966, s. 17.

Evidence of contents of certain registers.

12 of 1852.

Validating certain registrations.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS [Original Service 2001] CH.188 – 14] BIRTHS AND DEATHS REGISTRATION 6 of 1926.
Validation and indemnity in respect of certain payments.

2 of 1971, s. 7; S.I.

29/1971 S.I.

49/1966.

By master or chief officer of a vessel.

5 of 1987, s. 2.

Penalties for contravention of ss.

13 and 23.

2 of 1971, s. 6.

(Commissioners, ex officio) of Births and Deaths Act 1926, and previous to the coming into operation of this Act shall be deemed to have been validly and properly done.

28.
(1) Any payment before the 6th day of April 1971, (being the date of commencement of The Births and Deaths Registration (Amendment) Rules, 1971) demanded by and made to any person or persons lawfully performing the functions of assistant registrar which would have been lawfully so demanded and made if at the time of such payment the Third Schedule to The Births and Deaths Registration Rules, 1966, had made provision therefor shall be deemed to have been lawfully demanded and made and is hereby confirmed; and every person concerned with the demand or receipt of any such payment is hereby freed, acquitted, discharged and indemnified against all persons whatever from all legal proceedings whatever, whether criminal or civil, in respect of such payment.
(2) This section shall come into operation on the 4th day of May 1971.

Offences 29.

The master or chief officer of a vessel who shall wilfully omit to comply with the provisions of section 11 of this Act in so far as they relate to him shall be liable to a penalty of twenty dollars or to imprisonment for two months.

30.
Every person who — (a) wilfully omits to comply with the provisions of section 13 of this Act shall be liable to a fine not exceeding fifteen dollars or to imprisonment for a term not exceeding two months; (b) contravenes the provisions of subsection (1) of section 23 of this Act shall be liable to a fine not exceeding one to imprisonment for a term not exceeding two years; thousand dollars or (c) fails without reasonable excuse to produce an order or certificate as required by subsection (3) of the said section 23 shall be liable to a fine not exceeding two hundred and fifty dollars.
STATUTE LAW OF THE BAHAMAS [Original Service 2001] BIRTHS AND DEATHS REGISTRATION [CH.188 – 15 Penalty for refusing to answer questions or to comply with requisition of registrar or assistant registrar.

5 of 1987, s. 2.

Penalty for false answers, etc.

31.


Every person who being required to give information concerning any birth, death, living new-born child or dead body, wilfully refuses to answer any question put to him by a registrar or assistant registrar relating to the particulars required to be registered, or fails to comply with any requisition of a registrar or assistant registrar made in pursuance of this Act, shall be liable to a penalty of twenty dollars or to imprisonment for two months.

to 32.
Every person who — (a) wilfully makes any false answer to any question put to him by a registrar or assistant registrar relating to be registered concerning any birth or death, or wilfully gives to a registrar or assistant registrar any false information concerning any birth or death, or the cause of any death; false the particulars required (b) wilfully makes certificate of declaration under or for the purpose of this Act, or forges or falsifies any such certificate or declaration or knowing any such certificate or declaration to be false or forged, uses the same as true, or gives or sends the same as true to any person; any (c) wilfully makes, gives or uses any false statement or representation as to a child born alive having been still-born, or falsely pretends that any child born alive was still-born; (d) makes any false statement with intent to have the same entered in any register of births or deaths, shall for each offence be liable to a penalty of one hundred dollars, or to imprisonment for one year.
5 of 1987, Sch.

33.
Every person who shall wilfully destroy, or injure or cause to be destroyed or injured, any register or any part or certified copy of any part thereof, or shall falsely make or counterfeit or cause to be falsely made or counterfeited any part of any register or certified copy thereof, or shall wilfully insert or cause to be inserted in any register or certified copy thereof any false entry of any birth or death, or shall wilfully give any false certificate, or shall certify any writing to be a copy or extract of any register knowing the same to be false in any part thereof, or shall forge or counterfeit the seal of the Registrar General, shall be guilty Penalty for destroying or injuring registers, etc.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS [Original Service 2001] CH.188 – 16] BIRTHS AND DEATHS REGISTRATION Penalty for refusing to register birth or death.

12 of 1930, s. 2.; 5 of 1987, s. 2 Transfer of books, etc.

Penalty for refusing to deliver up books, etc.

5 of 1987, Sch.
5 of 1987, Sch.

of felony, and on conviction thereof shall be liable, at the discretion of the court, to be kept in penal servitude for seven years or to be imprisoned for two years.

34.

Every registrar or assistant registrar who shall refuse or without reasonable cause omit to record any birth or death of which he shall have had due notice, or shall wilfully record any birth or death which has not occurred shall be liable to a penalty of two hundred dollars or to imprisonment for six months.

35.
In every case in which a registrar or assistant registrar shall be removed from or cease to hold his office, all books, documents and papers in his possession as such register shall be given up as soon as conveniently may be to his successor in office; and if any person shall refuse to give up any such books, documents or papers in such case as aforesaid it shall be lawful for a stipendiary and circuit magistrate or any commissioner to whom the Attorney- General may issue his fiat for that purpose to issue a warrant under his hand for bringing such person before him and upon such person appearing or not being found it shall be lawful for such stipendiary and circuit magistrate or commissioner to hear and determine the matter in a summary way; and if it shall appear to the stipendiary and circuit magistrate or such commissioner that any such books, documents or papers are in the custody or power of any such person and that he has refused or wilfully neglected to deliver the same he shall be liable to a fine of one hundred dollars and the stipendiary and circuit magistrate or such commissioner is hereby required to commit such offender to gaol there to remain without bail until he shall have delivered up the same or until satisfaction shall have been given in respect thereof to the person in whose custody the same ought to be; and the stipendiary and circuit magistrate or such commissioner may grant a warrant to search for such books, documents or papers as in the case of stolen goods and the same when found shall be delivered to the person in whose custody they ought to be.
Summary Jurisdiction.

36.
Save as in this Act otherwise provided all offences against this Act may be prosecuted and all fines and penalties recovered in a summary manner: STATUTE LAW OF THE BAHAMAS [Original Service 2001] BIRTHS AND DEATHS REGISTRATION [CH.188 – 17 Provided that in the case of a summary offence by a registrar, being a commissioner, or in any case in which it is necessary for a commissioner to give evidence of any facts relating to an offence, the proceedings in any such case may be taken before a stipendiary and circuit magistrate, or before any other magistrate to whom the Attorney-General shall issue his fiat for the purpose: Provided also that where the court of summary jurisdiction before whom a person is charged summarily with an offence under this Act which is also punishable on information thinks that proceedings ought to be taken against such person by information it may adjourn the case to enable such proceedings to be taken.
37.

(1) The Registrar General and registrars shall, upon payment of any prescribed fees, during normal office hours on any day except a Sunday or a public holiday, allow searches to be made of any registers in their custody.
The Registrar General or a registrar may issue certified extracts of such registers authenticated by his official seal: Provided that no fee shall be payable by a public vaccinator or public officer for any searches made or certified extracts issued in connection with their official duties.
(2) Any certified extract of a register issued by the Registrar General or registrar under subsection (1) of this section must show the original entry as well as all corrections and alterations subsequently made to the original entry.

Miscellaneous 38.
All notices, informations, returns, forms and other documents required or authorised by this Act to be delivered, sent or given to a registrar, assistant registrar or the Registrar General, or by a registrar or assistant registrar to a person who is required to give information concerning any birth or death may be sent by post, and the date at which they would be delivered to the person to whom they are sent in the ordinary course of post shall be deemed to be the date at which they are received and in proving such sending it shall be sufficient to prove that the letter was properly addressed and put in the post.
Searches and certificates.

8 of 1966, s. 19.

1 of 1979, s. 4.

Notices, information, etc., may be sent by post.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STATUTE LAW OF THE BAHAMAS [Original Service 2001] CH.188 – 18] BIRTHS AND DEATHS REGISTRATION Registrars continued in once as assistant registrars.

Rules.

8 of 1966, s. 20.; E.L.A.O., 1974.

Yearly summary and report.

E.L.A.O., 1974.

Expenses.

39.


From and after the coming into operation of this Act registrars, other than commissioners appointed under the Acts hereby repealed, shall cease to be registrars but every such person may continue in office under this Act as an assistant registrar until such time as a registrar shall with the approval of the Governor-General appoint him or some other person to be such assistant registrar or until such time as the Governor-General shall determine to abolish any such office.
40.

The Minister may make rules for carrying into effect the objects of this Act and, without derogation from the generality of the foregoing power, by such rules may prescribe any matter which is required by this Act to be prescribed, and may provide for the payment of fees for any duties performed, searches made, certificates issued or for any other matters permitted or required to be done under the provisions of this Act.

41.
41.

The Registrar General shall within four months after the expiration of every year compile a summary of the births and deaths registered during the twelve months ending on the last day of December then immediately preceding in such form as the Minister shall require and shall also compile at the same time a general report on the increase or decrease of the population and on any special causes appearing to affect the same as far as the same can be gathered from the returns.

42.
42.

All expenses incurred in carrying out the provisions of this Act shall be payable out of the Consolidated Fund by warrant in the usual manner.

STATUTE LAW OF THE BAHAMAS [Original Service 2001]