Excerpt from the Code of Civil Procedure
Father Owen Taggart translated the pages I had of the Civil Code
for Vital Records for Quebec, this was in the parish records for 1870.
Renee suggested you might post it on the Quebec Page for others to read.
Here is the file.
San Antonio, TX
Excerpt from the Code of Civil Procedure
THE REGISTRATION OF VITAL ACTS
- The registers designated for the recording of births, marriages, and deaths, as well as of religious professions, before they are used, are to be marked on the first page and on every subsequent page, with the number of that page, written out in letters, and be invested with the Seal of the Supreme Court placed on either end of a ribbon or other binding, which shall pass through all of the pages of the register and be bound into the cover of the register. On the first page is to be inscribed an attestation beneath the signature of the judge or the protonotary of the Supreme Court of the district, or of the clerk of the Circuit Court of the county in which is found the Roman Catholic parish, or the Protestant Church, or the religious congregation or society authorized by law to keep such registers, and for which the register will serve, and which is its owner, specifying the number of pages included in the register, its purpose, and the date of the attestation.
S.R.B.C. c. 20, s2 - 25th V. c. 16, s.1 - C.C. acts of Vital Records, art. 5.
However, this certificate is not to be given before the formalities prescribed by certain religious congregations according to special statutes have been fulfilled.
- A duplicate of the register that is to remain in the possession of the parish priest, minister or other depositary, of each Roman Catholic parish, Protestant church, or religious congregation is to be bound in a solid and durable manner.
Ibid. s. 1, §2.
[To this duplicate is to be attached a copy of the title of the Civil Code relating to the acts of vital records as well as the first, second and third chapters of the fifth book of the said code, relative to marriages.]
- The parish priests, overseers of works and buildings and other administrators of churches, in those places where baptisms, marriages, and burials take place, as well as the superiors of communities where religious professions are held, are bound, each in his own regard, to fulfill the prescriptions of the law relative to the registers of the acts of vital records, and can be constrained to do so by whatever means and under whatever penalties are required by law.
RECORDING OF VITAL ACTS
- Nothing is to be included in the register of vital records, whether by notation, or by statement, other than those things which is to be declared by the parties present.
- In those cases where the parties are not obliged to appear in person for the registration of vital acts, they can be represented by designated special procurators.
- The public official is to read the act that has been drawn up to the parties present or to their designated procurator, and to the witnesses.
- The record of vital acts are to be inscribed in two identical registers, which shall be maintained by every Catholic parish church, every Protestant church, congregation, or other religious society authorized to keep such registers; each of these registers shall be considered authentic, and of good faith before the law.
- These registers are to be furnished by the churches, congregations, and religious societies and must be in the form prescribed by the Code of Civil Procedure.
- The registers are to be kept by the parish priests, curates, priests and ministers who serve in these churches, congregations and religious societies, and by all other officials who are authorized to do so.
- Those who maintain the duplicate registers have the duty to present them, before they can be used, to one of the judges of the Supreme Court, or to the protonotary of the district, or to the clerk of the Circuit Court in lieu of the protonotary in those cases mentioned in the statute of 25th Vict. chap. 10; the said judge, protonotary or clerk is to number and initial it in the manner prescribed by the Civil Code.
- The records of vital acts are to be inscribed in both registers, consecutively and without blank spaces, as soon as they are performed; the strikeovers and marginal references are to be approved and initialed by all those who signed the body of the record; everything must be completely written out, without abbreviations or figures.
- During the first six weeks of each year, it is the duty of those who have maintained the duplicate registers, and who have custody of them, to present one copy to the Registry Office of the Supreme Court of the district, or to the Registry Office of the Circuit Court, in those cases foreseen in the statute mentioned in this chapter; this presentation is to be verified by a receipt that is to be presented, at no cost, by the protonotary or the clerk of the Court.
- Each protonotary or clerk is required, during the six months following the presentation, to verify the status of the registers presented to that office, and to draw up a summary record of the examination.
- The other duplicate register is to remain in the custody and possession of the priest, minister, or other official who has maintained it, and is to be handed on to his successor in office.
- Those who have custody of both duplicate registers are required to furnish to anyone who request them, excerpts that are to be certified and signed in order to be considered authentic.
- Upon proof that registers for a parish or religious congregation do not exist, or that they have been lost, the births, marriages, and deaths can be proven either by registers and family records or other writings, or by witnesses.
- All those who have custody of the registers are responsible in civil law for any alterations made to them, unless recourse is had, if necessary, to the authors of the alterations.
- Every contravention of the articles of the present title on the part of the officials named herein, unless there has been a criminal offense punishable as such, shall be punished by a fine of no more than eighty dollars, but no less than eight.
- Records of birth are to state the day of birth, of baptism if there is one, the sex, and the names given to the child; the names, given names, occupation and domicile of the father and mother, as well as of the godfather and godmother, if there are any.
- The record is to be signed, in both registers, by the person who receives it, as well as by the parents, if they are present, and by the godfather and godmother, if there are any; with respect to those who cannot sign, mention is to be made of the declaration they make to that effect.
- In a case where the public official is presented a child whose father, mother, or both parents are unknown, mention is to be made of that fact in the record which is drawn up.
Before the celebration of marriage, the official charged with doing so is to be presented a certificate attesting that the banns have been published regularly according to law, unless he has published them himself, in which case such certification is not required.
This certificate, which is to be signed by the one who made the publications, is to include, besides the publications themselves, the given names, names, occupation and domicile of the future spouses, their status as adults or minors, the given names, names, occupation and domicile of their fathers and mothers, or the name of the deceased spouse. Mention is to be made of this certificate in the record of marriage.
It is permissible to proceed to marriage without such a certificate, if the parties have obtained from the competent authority, and present a dispensation or license permitting the omission of the publication of banns.
If the marriage has not been celebrated within a year of the last of the requisite publications, they are no longer sufficient, and must be done anew.
If there is opposition, an injunction is to be obtained and presented to the official in charge of the celebration of the marriage.
If, however, the opposition is based upon a simple promise of marriage, it is without effect, and the marriage is to proceed as if there had been no opposition.
The marriage is to be celebrated in the place of domicile of one of the spouses. If it is celebrated elsewhere, the designated official is charged with verifying and certifying the identity of the parties. Domicile, with respect to marriage, is established by six months residence in the same locality.
The record of marriage is to be signed by the one who celebrated it, by the spouses, and by at least two witnesses, whether family members or not: with respect to those who are not able to sign, mention is to be made of that fact.
The record is to include:
- The date of celebration of the marriage;
- The names, given names, occupation and domicile of the spouses, the names of the father and mother, or of the previous spouse;
- Whether the parties are adults or minors;
- If they were married following the publication of banns, or with dispensation or license;
- If it is with the consent of their father and mother, tutor or guardian, or with the permission of the family council, in the cases where this is required;
- The names of the witnesses, and their status as family members or friends of the parties, including the nature and degree of relationship to one or the other;
- If there has been no opposition or if an injunction has been granted.
- No burial is to take place until twenty-four hours have passed since the death. Whoever knowingly takes part in a burial before that time, except for those cases provided for in the police regulations, is to be assessed a fine of twenty dollars.
- The record of burial is to include the date it takes place, that of the death, if it is known, the names, status or occupation of the decedent; it is to be signed by the person who performed the burial, by two of the close relatives or friends who attended, if they are able to sign; if they cannot, a declaration to that effect must be made.
- The dispositions of the two preceding articles are applicable in those religious communities and hospitals where it is permitted to perform burials.
- Whenever there are signs or indications of a violent death, or other circumstances which give reason to suspect such, or whenever the death occurs in a prison, asylum, or place of enforced detention, other than asylums for the insane, the burial is not to take place unless it is authorized by the coroner or other official charged with the duty of inspecting the cadaver.
ACTS OF RELIGIOUS PROFESSION
In every religious community where it is permitted to make profession by solemn and perpetual vows, two registers of the same form are to be kept for the recording of the taking of such vows.
[Such registers are to be formulated and signed similarly to other registers of vital acts, and the records inscribed in the manner provided in article 48.]
These records are to include the name and given names and the age of the person who is making profession, the place of birth, and the names and given names of the father and mother. They are to be signed by the parties themselves, by the superior of the community, by the bishop or other ecclesiastic who performed the ceremony, and by two of the close relatives or two friends who were in attendance.
The registers are to be kept for five years, at which time one of the duplicates is to be presented as provided in article 47; and the other is to remain in the community and become part of the archives.
The excerpts from these registers, signed and certified by the superior of the community, or by the holder of the duplicate, are authentic, and are obtained from one or the other, at the choice of those who require such excerpts.
THE RECTIFICATION OF RECORDS AND REGISTERS OF VITAL ACTS
If an error has been committed while recording in the register the record of a vital act, the tribunal of first instance in whose offices that register has been or is to be kept can, at the request of any interested party, order that the error be rectified in the presence of the other interested parties.
The holders of such registers are bound to inscribe in the margin of the rectified record, or if there is no margin, on a separate sheet, which is to be attached thereto, the judgment of rectification, as soon as a copy has been furnished to them.
[If the entry into the registers of a record which should have been included has been omitted entirely, the same tribunal can, at the request of one of the interested parties, and after the other interested parties have been notified, order that the omission be corrected, and the judgment to this effect is to be inscribed in the margin of the registers, at the place where the omitted record ought to have been included, and, if there is no /margin/, on a separated sheet which is to be attached thereto.]
The judgment of rectification can be, at any time, opposed by those who did not request it, or by those who were not called.
THE QUALITIES AND CONDITIONS REQUIRED IN ORDER TO CONTRACT MARRIAGE
- A man, before completing his fourteenth year, a woman, before completing her twelfth year, cannot contract marriage.
- Absent consent, marriage cannot take place.
- Impotence, whether natural or accidental, existing at the time of marriage, renders marriage null, but only if it is evident and obvious. This nullity cannot be invoked except by the party with whom the impotent person has contracted marriage. The complaint is not to be accepted if three years have passed without complaint.
- A second marriage cannot be contracted before the dissolution of the previous marriage.
- Children who have not completed their twenty-first year, in order to contract marriage, must obtain the consent of their father and mother; if they disagree, the consent of the father alone is sufficient.
- If one parent is deceased, or it is not possible to determine that parent's will, the consent of the other parent is sufficient.
- A natural child who has not completed the twenty-first year must, in order to marry, receive the consent of a guardian ad hoc who has been nominated for this purpose.
- If there are neither father nor mother, or it is impossible for either of them to make known their will, minors can contract marriage only with the consent of their tutor, or guardian in the case of emancipation; the tutor is bound, before giving consent, to hear the advice of the family council duly convoked for this purpose.
- Summonses are required by law to be issued to the father and mother.
- Marriage is prohibited, in the direct line, between ancestors and descendants, and between those related by marriage, whether the relationship is legitimate or natural.
- In the collateral line, marriage is prohibited between brother and sister, whether legitimate or natural, and between those related by marriage in the same degree, also whether legitimate or natural.
- Marriage is also prohibited between uncle and niece, aunt and nephew.
- Other impediments admitted according to the various religious belief systems as a result of consanguinity or affinity and other reasons remain subject to the rules adhered to until now in the diverse churches and religious societies.
FORMALITIES RELATIVE TO THE CELEBRATION OF MARRIAGE
Marriage is to be celebrated publicly, in the presence of a competent official who is recognized by the law.
All priests, pastors, ministers, and other officials authorized by law to maintain and keep registers of vital records are competent to celebrate marriage.
The publications mandated by articles 57 and 58 are to be made by the priest, minister or other official, in the church to which the parties belong, at the divine services in the morning, or if there are none in the morning, at those in the evening, on three Sundays or festival days, with proper intervals. If the parties belong to different churches, the publications are to be made in both churches.
If the present domicile of the future spouses has not been established by a residence of at least six months, the publications are to be made as well at the last domicile they had in Lower Canada.
[If the last domicile is outside of Lower Canada, and the publications have not taken place, the official who, in this case, proceeds with the celebration of marriage is bound to verify that there exist between the parties no legal impediments.
If the parties, or one of them, are, relative to marriage, under the guardianship of others, publications are to be made in the place of domicile of those who have guardianship over that party.
It is permissible for the authorities who have up until the present time possessed the right to grant dispensations from impediments to marriage, to grant exemptions from the said publications
A marriage celebrated outside of Lower Canada between two persons subject to its laws, or if one of them is subject to these laws, is valid, if it has been celebrated with the formalities used in the place of the celebration, as long as the parties have not gone there with the intention of contravening the law.
OPPOSITION TO MARRIAGE
The right to make a complaint opposing the celebration of marriage pertains to the person previously engaged by marriage with one of the contracting parties.
The father, and in the absence of the father, the mother, is entitled to indicate opposition to the marriage of a minor child.
In the absence of the father and mother, the guardian, or, in the case of emancipation, the tutor can indicate opposition to the marriage of the person in their charge; but the tribunal to which this complaint is made is to form a judgment concerning this opposition only after having obtained the opinion of the family council, the convocation of which must be ordered by the tribunal.
If there is neither father, nor mother, nor guardian, nor tutor, or if the guardian or tutor has given consent to the marriage without having consulted the family council, the grandfathers and grandmothers, the uncle and aunt, the cousins german, if adults, can express their opposition to the marriage of their minor relative only in the two following instances:
- If the family council which was to be consulted according to article 122 has not been consulted.
- If the future spouse is demented.
- When opposition has been lodged in the circumstances and by one of the persons listed in the previous article, if the future spouse, a minor, has neither guardian nor tutor, the complainant is bound to name one; if there is already a guardian or tutor, who has consented to the marriage without having consulted the family council, the complainant must have a tutor ad hoc, such that the guardian, tutor, or tutor ad hoc can represent the interests of the minor concerning the complaint.
- [If the future spouse, being an adult, is demented, and is not impeded, the following persons can, in the order they are named, lodge opposition to the marriage:
- The father, or in his absence, the mother;
- In the absence of both father and mother, the grandfathers and grandmothers;
- In their absence, the brother or sister, uncle or aunt, or cousins german, if adults;
- Absent all of the above, the parents and family members of the future spouse, are qualified to attend the family council which is to be consulted about the interdiction.
- When the opposition is based on the dementia of the future spouse, the complainant is bound to petition for interdiction, and it must be enacted without delay.
- Whatever the status of the complainant, it up to the complainant to adopt and to adhere to the formalities and procedures required to submit a complaint of opposition before the tribunal, and to see that a decision is made within the established time, without it being necessary to petition an injunction; if this has not been done, the complaint is considered not to be accepted, and it is, without objection, overlooked at the celebration of marriage.
- The Code of Civil Procedure includes the rules regarding the form, content, and certification of complaints of opposition, as well as those regarding peremptory challenges decreed in the preceding article and the other requisite procedures.
- The complaints of opposition are to be brought before the tribunal of first instance of the domicile of the person whose marriage is opposed, or of the place where the marriage is to take place, or before a judge of that tribunal.
- If there is an appeal, it is a summary proceeding, and has precedence.
- If the complaint of opposition is rejected, the complainants, other than the father and mother, can be assessed the court costs, and can be liable for damages and interest according to circumstances.