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[Form 10. 6-05. 3.000.]

LAW FOR THE REGISTRATION OF VITAL
STATISTICS IN CALIFORNIA.

POLITICAL CODE.

Part III Of the Government of the State.
Title VII

General Police of the State.

CHAPTER III-REGISTRATION OF VITAL STATISTICS.

REGISTRATION OF BIRTHS AND MARRIAGES.

§3074. State bureau of vital statistics. Duty of registrar. §3075. Statistician, appointment, term of office and salary. §3076. Registry of marriages performed.

§3077. Registry of births.

§3078. Duty of county recorder and health officer. Report to state

registrar.

§3079. Fee of recorder and health officer.

§3080. State registrar to prepare blank form and instructions.

§3081. State registrar may require further information.

§3082. Penalty for failure to perform duty.

§3083. State registrar to furnish certified copy of records, which is

prima facie evidence.

of health.

registrar,

§3074. The state board of health shall maintain, at the State board city of Sacramento, a bureau of vital statistics for the complete and proper registration of births, marriages and Bureau of deaths, for legal, sanitary and statistical purposes, which statistics. bureau shall be under the supervision of the secretary of state the state board of health, who shall be ex-officio state regis- duty of. trar of vital statistics, and whose duty it shall be, after consultation with the state board of health, to promulgate and enforce all necessary rules and regulations that may be required to carry out the provisions of this chapter. (As amended, Stats. 1905, Ch. CX.)

cian,

§ 3075. The state board of health shall appoint a com- Statistipetent statistician to assist the state registrar of vital sta- appointtistics and such clerical and professional assistants as may ment of. be required for the proper discharge of the duties of said registrar. Said statistician shall also be an assistant to the secretary of the state board of health. The statistician so appointed shall hold office at the pleasure of the board and shall receive an annual salary of eighteen hundred dol- Term of lars payable out of the general fund of the state from office and money not otherwise appropriated at the time and in the statistimanner in which state officers are paid. The compensation Assistants for clerical and professional assistants shall be fixed by the and clerks.

242638

salary of

cian.

board and shali, be payable from its fund for contingent expenses provided in the general appropriation act. (As amended, Stats. 1905, Ch. CX.)

'Registry of § 3076. All persons who perform the marriage ceremony performed. in this state shall within three days after the ceremony file

marriages

Registry of births.

Local

health offi

cer to act as

with the county recorder a certificate of registry of the marriage performed by them in such form as may be prescribed by the state registrar which shall contain among other matters as near as can be ascertained, the place and date of marriage, sex, race, color, age, name and surname, birthplace, residence of the parties married, number of marriage and condition of each, whether single, widowed, or divorced, the occupation of the parties, maiden name of the female, if previously married, the names and birthplace of the parents of each and the maiden name of the mother of each. (As amended, Stats. 1905, Ch. СХ.)

§3077. Physicians, midwives, nurses and other persons assisting at a birth shall return in writing within five days thereafter to the county recorder of the county where such birth takes place in such form as may be prescribed by the state registrar a certificate of registry of such birth which shall contain among other matters, the time and place of such birth, name, sex, race and color of the child, the name, residence, age, birthplace and occupation of the parents and the maiden name of the mother, and whether born in or out of wedlock, and such other information as may be required by the state registrar; provided, however, that in cities having a freeholders charter the health officer shall act as

local registrar and perform all the duties thereof. In case registrar, the child is not named the recorder or registrar of such

when.

locality shall deliver to such parent, next of kin, physician, midwife or other person furnishing such certificate of birth a supplementary blank for report of given name, which shall be filled out and returned as soon as the child shall be named. In case there shall be no physician, midwife, or nurse attending at such birth, then, it shall be the duty of

Registry of the parents of any child born in this state (and if there be

births, duty of

parent.

County recorder, duty of.

no parent alive, then the next of kin of said child) within ten days after such birth to report in writing to the recorder of the county or health officer of cities having a freeholders charter where such birth takes place, in such form as may be prescribed by the state registrar, the date, place and residence, name, sex, race, and color of such child, and the names, residence, birthplace and age of the parents, their occupations, and the maiden name of the mother, and whether born in or out of wedlock, and such other information required by the state registrar. (As amended, Stats. 1905, Ch. CX.)

§ 3078. It shall be the duty of every county recorder to receive without fee or charge each certificate of registry of marriage and birth; provided, however, that in cities having a freeholders charter the health officer shall act as local registrar for births, and shall receive, without fee or charge. Duty of each certificate of birth and enter the same in the same man- officer. ner as provided for the county recorder; to enter the same in separate registers to be known as the "Register of Marriages," and the "Register of Births," in separate columns, properly headed, the various facts contained in the certificates and the name and official or clerical position of the person making the report. The recorder or health officer must carefully examine each report, and register the same marriage, or birth but once, although it may be reported by different persons. The certificates shall be numbered by him and entered in the order in which they are reported to him. On or before the fifth day of each month each recorder, or health officer, shall transmit by United States mail, Report to carefully inclosed in appropriate envelopes or wrappers, trar by addressed to the state registrar at Sacramento, or shall and local personally deliver to him at his office in Sacramento, on or officer. before the fifth day of each month, the original certificates of births and marriages filed with him during the preceding original month, and shall accompany said certificates with a brief certificates statement of the number of such certificates, and the dates riages and of their receipt. The state registrar shall thereupon file filing of. said original certificates of marriage and births, and cause the same to be separately and systematically indexed. (As amended, Stats. 1905, Ch. CX.)

state regis

recorder

health

of mar

births,

recorder officer.

and health

§ 3079. For their services as required by section 3078 of Fee of this code, county recorders, or health officers of cities having a freeholders charter, shall, in addition to their compensation for the other duties of their office, be allowed by the board of supervisors, ten cents for each name registered and reported to the state registrar, which sum shall be paid out of the general fund of the county upon warrants issued quarterly and signed by the county auditor and approved by the state registrar, which warrants shall specify the number of certificates of marriages and births properly registered and filed with the state registrar. (As amended, Stats. 1905, Ch. CX.)

trar to pre

instruc

§ 3080. The state registrar shall prepare a sample form State regisand blank for use in registering, recording and preserving pare blank the reports of marriages and births, and shall prepare and form and issue such detailed instructions as may be required to tions. secure the uniform observance of its provisions and the maintenance of a perfect system of registration, and no other forms of blanks shall be used than those prescribed by the state registrar. Printed blanks in the form pre- Supervisscribed by the state registrar for the registration of mar- furnish riages and births shall be furnished to each recorder or blanks. health officer by the board of supervisors of each county Recorder or city and county in sufficient quantities, and each recorder and health or health officer shall furnish without charge a sufficient furnish number of copies to each applicant upon whom is imposed applicants.

ors

printed

officer to

State registrar may

further in

the duty of certifying to a marriage or birth. (As amended, Stats. 1905, Ch. CX.)

§ 3081. The state registrar shall carefully examine the require certificates of marriages and births received monthly from formation. the county recorders or health officers, and if any such are incomplete or unsatisfactory, he shall require such further information to be furnished as may be necessary to make Informa- the record satisfactory. All physicians, clergymen, judges, furnished midwives, nurses, parents, or other informants upon whom state reg- the duty is imposed of certifying to marriages or births, demand. and all other persons having knowledge of the facts, are

istrar on

required to furnish such information as they may possess regarding any marriage or birth upon demand of the state registrar, in person by mail or through the local recorder. Deposition Whenever it may be alleged that the facts are not correctly wats stated in any certificate of marriage or birth theretofore are not registered, the county recorder shall require a deposition

required

correctly stated.

under oath to be made by the person asserting the fact, to be supported by the depositions of two or more credible persons having knowledge of the facts, setting forth the change necessary to make the record correct. Having received such depositions, he shall file them and shall then draw a line through the incorrect statement or statements in the certificate, without erasing them, and make the necessary corrections, noting on the margin of the certificate his authority for so doing, and transmit the deposition, attached to the original certificate, when making his regular monthly returns to the state registrar. If the correction relates to a certificate previously returned to the state registrar, he shall

Corrected transmit the deposition forthwith to the state registrar. If

statements.

Penalty for failure to perform duty.

State registrar to furnish certified copy of records.

the correction is first made upon the original certificate on file in the state bureau of vital statistics, the state registrar shall immediately transmit a certified copy of the original certificate, corrected as above, to the county recorder, who shall thereupon substitute such certified copy for the copy of the certificate in his records. All such corrections and marginal notes referring to them shall be legibly written in ink, typewritten or printed. (As amended, Stats. 1905, Ch. CX.)

§3082. Any officer or person upon whom a duty is imposed under this chapter who fails, neglects or refuses to perform any of the duties imposed upon him under this chapter or by the instructions and directions of the state registrar shall be deemed guilty of a misdemeanor and upon conviction shall be punished in the same manner as other misdemeanors provided in the Penal Code. (As amended, Stats. 1905, Ch. CX.)

§ 3083. The state registrar shall upon request furnish any applicant a certified copy of the record of any marriage or birth registered under the provisions of this chapter, for the making and certification of which he shall be entitled to a fee of fifty cents to be paid by the applicant. Any such copy of the record of a marriage or birth when properly

copy prima

evidence.

certified by the state registrar to be a true copy thereof Certified shall be prima facie evidence in all courts and places of the facie facts therein stated. For any search of the files and records when no certified copy is made, the state registrar shall be entitled to a fee of fifty cents for each hour or fractional hour of time of search to be paid by the applicant. And the state registrar shall keep a true and correct account of all fees by him received under these provisions and shall deposit all fees with the state treasurer. (As amended, Stats. 1905, Ch. CX.)

REGISTRATION OF DEATHS.

§3084. (Repealed, Stats. 1905, Ch. CX. Superseded by Stats. 1905, Chs. CXIX and CCCXLVI.)

STATUTES 1905, CHAPTER CXIX.

State bureau of vital statistics.

State divided into districts for registration of deaths.

Registrars of districts. Deputy local

registrars.

Permit from local registrar before burial.

Stillborn children registered as deaths.

Certificate of death. Contents.

registrar. Sub

In case death occurs without medical attendance.

Undertaker responsible for certificate of death.
Local registrar to supply blanks. Duty of local registrar.
If interment be made in district where death occurred, duty
of registrar.

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Duty of sexton or other person in charge of burial ground.
State registrar to prepare blank forms for all registrars.

Index of deaths.

SEC. 13.

Corrections in certificate, how made.

SEC. 14.

Fee of local registrar.

SEC. 15.

SEC. 16.

ŞEC. 17.

State registrar to furnish certified copy of records. Fees.
Physicians and undertakers to register with local registrar.
Penalties for neglect by attending physician, undertaker,
registrars and violation of act by common carrier.

SEC. 18.

Local registrars charged with the enforcement of law.

STATUTES 1905, CHAPTER CCCXLVI.

SEC. 1. Duties of city clerk and recorder in relation to registration

of deaths, etc.

STATUTES 1905, CHAPTER CXIX. An act for the registration of deaths, the issuance and registration of burial and disinterment permits and the establishment of registration districts in counties, cities and counties, cities and incorporated towns, under the superintendence of the state bureau of vital statistics and prescribing the powers and duties of registrars, coroners, physicians, undertakers, sextons and other persons in relation to such registration and fixing penalties for the violation of this act.

[Approved March 18, 1905.]

The people of the State of California, represented in senate and assembly, do enact as follows:

bureau of

SECTION 1. That department of the state board of health state known as the state bureau of vital statistics shall provide vital for and superintend the complete and proper registration of statistics. deaths for legal, sanitary and statistical purposes.

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