San Andreas independent., 1858-05-15
AMACT


Providing for the Registration of Marriages Births Di.-
yorces and Deaths in California.
Tie People of the State Of California, represented
in Senate and assembly, do enact as toHous:
SECTION l. That the Governor of the State
be, and is hereby authorized to appoint. by and
with, the advice and consent of the Senate. a
State Registrar, who shall hold his office at
the Capital of the State, for the term of two
years, or until his successor is qualified who
SHALL give bonds, in the sum of four thousand
dollars, for the faithful performance Of his
duties, which are regulated and defined as fol-
lows: tie shall prepare and furnish to the
County Recorders of each county suitable
blanks and books, prepared according to the
following forms: For Marriages Entries of the
date, locality, name, surname, residence, and
age of the respective parties, the place of ma
tivity OF the same, when the record was made
together with the name, place of residence, and
Official station of the person performing the
marriage ceremony. For Buths-Entries of
the date, and locality of the same, the name
sex, and color of the child, the names, nativity
color, and residence of the parents, and the
date of the record. For Dicorces-Entries of
the date of the divorce, christian and surnames,
and residence of the parties obtaining the
same, title of the Court granting the divorce,
and the name of the party making the appli-
catlon,- the grounds upon which the divorce
was granted, and the date when the record
was made. For Deaths-EntrieS of the date
and name, sex, age, color single or married,
occupation, nativity disease, or cause of death
place OF lnterment, and date when the record
was made. Accompanying these blank forms
and books, which shall be uniform in size and
pattern, the State Registrar shall furnish such
instructions and explanations as he may deem
necessary for the carrying out of the provisions
ofthis Act
SEC. 2. The State Registrar shall keep
record of all such returns as shall be made to
him by the Counry Recorders, hereinafter
provided, and shall file, or cause to be bound
together, all such returns, for safe keeping
He shall prepare therefrom an annual report,
containing full tabular results, which shall
render them of practical utility, to be submit
ted to the Governor on the first day of Decem-
berof each year He shall, also, perform what
ever may be required of him to carry into
PRACTICAL effect the provisions of this Act. His
salary shall be one hundred dollars per month";
payable out of the Registration Fund in the
State Treasury, and one-thrd of the amount
of the fees. paid the County Recorders for the
recording of marriages, births, deaths and
divorces, as herein provided for
SEC. 3. 1t shall be the duty of all persons
performing the ceremony of marriage, to enter
the office of the Recorder of the county in
which such marriage takes place, record of
every such marriage, in accordance with the
provisions of the first section of this Act; and
shall also be the duty of all parents, keepers
and Superintendents of Prisons, Aims Houses,
Hospitals, Houses of Correction, and other
public and private institutions, and the COM
manding officer of every ship or other vessel,
n Office
Recorder of the county wherein birth occurs,
record of the same, according to the provis-
ions of the first section of this Act 1t shall
likewise be the duty of every person having
obtained divorce, to euter in the Office Of the
Recorder of the county wherein such divorce
is obtained, a record of such divorce, accord
ing to the provisions of the first section of this
Act And it shall further be the. duty of every
Sexton, other person having charge of a
burial, to enter in the office of the County Re-
corder of the county wherein such burial is
perfoEmed, record of the death of every per-
son so buried, according to the provisions of
the first section of this Act.
Sec. f. Every party, on entering record
of marriage, birth, divorce death, shall pay
to the County Recorder, for making such entry,
the sum of fifty cents and every person neg
lecting to comply with the provisions of Sec
ton three of this Act within one month from
the date of such marriage, birth, divorce or
death, shall, on conviction thereof, be subject
to fine of not less than ten, nor more than
one hundred dollars one-h half of which shall
be paid into the Registration Fund, and the
other half to the person giving information of
each neglect.
SEC. 5. Every County Recorder is hereby
required to enter every record of marriage,
birth, divorce or death, according to the in
structons he may receive from the State Reg
istrar, in books furnished him, to be retained
as books of record in his Office and further,
TO transmit duplicate of the same every three
months, to- the State Registrar, according to
the provisions of this Act. And every County
Recorder shall pay into the treasury of his
county two-thirds of the amount of the fees
received by him for the regiStries made in ac-
eordance with the provisions of this Act, for
the benefit of the Registration Fund; one-half
of which said amount shall be paid to the
State Registrar, retaining the remaining third
as his fees for performing the service required
in this Act.
Sec 6. 1t shall be the duty of every County
Treasurer TO keep a separate account of all
moneys received, in accordance with the pro-
visions of this Act, and to pay over such mon
eys to the State Treasurer, at such times as
he is required by law to make his payments.
Sec. Z. 1t shall be the duty of the State
Treasurer to keep separate account of the
moneys received, in accordance with the pro-
visions of this Act, and to credit the same to
the Registration Fund; out of which the State
Treasurer is hereby required to pay the salary
of the State Registrar herenbefore provided
for The sum of FIVE hundred dollars, of any
money in the Treasury not otherwise appro-
ariated, is hereby set apart as contingent
fund, out of which the State Registrar shall
be entitled to draw such sums as he shall deem
necessary to- carry out the requirements OF
this Act and it is hereby made the duty OF
the State Treasurer to restore from the Regis
tration Fund, paid into the State Treasury, by
virtue of this Act, the said sum OF tive hun
dred dollars, to the General Fund.
SEC 8. The State Registrar is hereby re-
quired to procure seal of office, with which
he shall authentieete AL his official acts; and
a certified copy, under said seal, of marriages,
births, divorces or deaths, as authorized by
this Act, attested by the State Registrar, shall
be deemed prima facie evidence of the facts
therein contained, in an[y] Court of justice in
this State, and the State Registrar shall be
entitled to receive for each certified copy as
aforesaid, the sum of one dollar.
Approved April 2Sth, 1853.