Artykuły > Edukacja archiwistyczna > Akta stanu cywilnego w XIX w.
Akta stanu cywilnego w XIX w.
Michał Pawiński, Akta stanu cywilnego w Królestwie Polskim w pierwszej połowie XIX w., w: Archeion, t. 104, wyd. NDAP, Warszawa 2002, ss. 203-220
"Michał Pawiñski, Civil status records (BMD books) in the Kingdom of Poland in thefirst half of the 19th c. Upon the establishment of the Kingdom of Poland, commonly referred toas the Congress Kingdom, legal provisions binding on its territory were those enacted duringthe existence of the Warsaw Duchy. Among those provisions, the Napoleon’s Code (NC) wasof fundamental importance for the issues discussed. Another legal act coming from that period,worth mentioning, was the King’s Decree of 23 February 1809: Official Price List for Secularand Church Registrars. A new Civil Code of the Kingdom of Poland (CC KP) was enacted on13 June 1825 and it entered into force as of 1 January 1826. Regulatory acts to the abovementioned provisions included decisions of the Governor, the Administrative Council, ordinancesof government commissions, referred to as rescripts, orders, resolutions, decisions, etc.Civil status records were drawn up by registrars competent in respect of the place, in whicha given fact emerged, being the requisite to prepare a relevant certificate. The NC did notspecify who was competent to make civil status certificates, leaving this issue to be resolvedunder applicable regulatory acts. The aforementioned „Official Price List became such a regulatoryact and pursuant to that document (Article 4), church registrars were released from theexecution of actions in conflict with the character of their vocation, such as announcing civildivorces, publishing the banns and solemnizing marriages contracted between persons previouslydivorced under the civil law. Such actions were to be performed by presidents of towns andmayors. Civil status records of persons of the Jewish faith were usually drawn up by parishpriests.The situation was similar in the case of persons of other non-Christian faith. Vicars,apart from keeping civil registers of vital records were also drawing up documents requiredunder the church law. Both types of documents were totally independent.The principles connected with civil status records presented in the article survived on thelands of the Congress Kingdom for over 100 years, undergoing only some superficial modificationsafter 1850. In practice, the way they used to be drawn up, verified and used was often notquite letter-bound, as mentioned several times in the work. Both the legislator and the hithertodoctrine often paid attention to that phenomenon. Most popular and important illegal activitiesconsisted in drawing up civil status records by parish-priests in handy notebooks (diaries) to beentered into the register at a later date. Sometimes, resting satisfied with certificates, civil statusregisters were not kept at all. Certificates were recorded by unauthorised persons (curates, organists,etc.), signed in blanco, arbitrarily corrected by persons who were receiving them, notes attachedto the records were not signed, etc. Persons responsible for keeping the registers, whilemaking several entries on one day, used to specify the date only for the first entry made, with „dateas above reference in respect to the remaining ones. It significantly hindered making any officialcopies later on. Inaccuracies in the spelling of dates, names and surnames were common.During the two inter-war decades, the above mentioned regulations faced increasing criticism.They were claimed to be outdated, incoherent and burdensome for the State. They remainedbinding until 1 January 1946, i.e. until the entry into force of the decree of the PolishNational Council of 25 November 1945, entitled the Law on Civil Status Records."    Źródło: Archeion, t. 104 
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