Notes and Queries, Number 190, June 18, 1853: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.Various
History
Notes and Queries, Number 190, June 18, 1853: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.
Various
Questions and answers -- Periodicals
"I think this payment was not voluntary, because the defendant" [the
parish clerk] "told the plaintiff, that if he did not pay him for
certificates, in all cases in which he wanted to make extracts, he
should not make a search at all. _I think the plaintiff had at all
events a right to make a search, and during that time make himself
master, as he best might, of the contents of the book, and could not be
prevented from so doing by the clerk_ in whose custody they were; who
in the present case insisted that if he wanted copies he must have
certificates with the signature of the incumbent. For the 1s. he paid,
the applicant had a right to look at all the names in one year. He had
no right to remain an unreasonable time looking at the book; nor
perhaps, strictly speaking, was the parish clerk bound to put it into
his hands at all: for the clerk has a right to superintend everything
done, and might fairly say to a man, 'Your hands are dirty: keep them
in your pockets.' The applicant could therefore only exercise his right
of search during a reasonable time, and make extracts that way. _If a
man insists on taking himself a copy of anything in the books, that
case is not provided for by the statute_: but if he requires a copy
certified by the clergyman, then he must pay an additional fee for it.
"It was consequently _an illegal act_ in the defendant to insist that
the plaintiff should pay 2s. 6d. for each entry in the book, of which
he might choose to make an extract," &c.
Mr. Baron Martin says:
"With respect to the statute, counsel (Mr. Robinson) says, because
taking extracts is not mentioned in the statute, it is competent for a
parish clerk to take an extra payment for allowing them to be made.
Where a man is allowed by statute to receive money, it is, as it were,
by virtue of a contract that the statute makes for him, and he cannot
make a contract for a different sum. The defendant here is bound by the
entirety of the statute; _he may be paid for a search_, OR _for a
certified copy_, BUT THERE IS NO INTERMEDIATE COURSE."
This decision will, I hope, have the effect of removing the difficulties so
often experienced in making searches for genealogical purposes. At all
events, the person making such search can now _safely_ make his own notes,
none daring _lawfully_ to make him afraid. I have to apologise for the
length of this letter.
G. BRINDLEY ACWORTH.
12. King's Bench Walk, Temple.
* * * * *
THE HONOURABLE MISS E. ST. LEGER, A FREEMASON.
(Vol. iv., p. 234.)
Public-domain text, read in full here on John Shaqi.
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