Legislative
History
Recording
of births, marriages and deaths on the municipal level was first
required in New Jersey by "An act relating to the registry
and returns of births, marriages, and deaths in the State of New
Jersey," passed into law on 3 March 1848 (P.L. 1848, p. 155).
This legislation directed township clerks to submit each June, to
the Secretary of State, reports (called returns) of births, marriages
and deaths which had occurred within their municipality during the
previous year. The law stipulated that the data be gathered as follows:
birth information was to be collected directly by the clerk or his
representative during the month of May; information about marriages
was to be reported to the clerk monthly by those authorized to perform
marriages; death information was to be reported to the clerk monthly
by those in charge of burial grounds within the municipality. The
clerk was required to record the information in a separate book
and, every June, forward a copy to the Secretary of State on pre-printed
forms. Both the book and the forms were provided by the Secretary
of State.
During the next thirty years, supplemental legislation was passed
in an attempt to increase compliance and to provide more accurate
statistical data. Legislation in 1851 required births to be reported
to the municipal clerk within a month of the event by the attending
physician, midwife, or -- if there was no such attendant -- by the
parents themselves. Also, the Secretary of State was given the responsibility
of notifying township clerks if their returns were past due (P.L.
1851, p. 434). Under legislation of 1862, the duty of gathering
birth information was transferred from the clerk to the township
assessor, who then reported to the clerk. The assessor was also
required to include with his return a signed affidavit attesting
that he had performed his duties to the best of his ability (P.L.
1862, chap. 85, p. 161). Legislation of 1863 required the assessor
to "make a personal demand" for information regarding
marriages from those authorized to perform them (P.L. 1863, chap.
256, p. 472).
Finally, in 1878, the use of returns of birth, death, and marriage
records was replaced by the filing of individual birth, death, and
marriage certificates. The new law outlined who was responsible
for submitting the certificates and which county, city, or municipal
official was then responsible for forwarding them each month to
the Secretary of State. (P.L. 1878, chap. 239, p. 354). |