1851 Census Act I
  Statutes of New Brunswick. 11 Victoria, Chapter 27
  (Passed March 30, 1848)



 
 
 



Anno Regni VICTORIÆ Britanniarum Reginæ Undecimo.
A T the General Assembly of the Province of New Brunswick, begun and holden at
Fredericton on the Twenty eighth Day of January, Anno Domini One thousand eight hundred
and forty seven, in the Tenth Year of the Reign of our Sovereign Lady Victoria,  by the
Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the
Faith, and thence continued by several Prorogations to the Nineteenth Day of January One
thousand eight hundred and forty eight ; being the Second Session of the Fourteenth General
Assembly convened in the said Province. 
 

CAP. XXVII.

   An Act for ascertaining the Population of this Province, and for other  purposes therein
mentioned.

Passed 30th March 1848.


    I. BE it enacted by the Lieutenant Governor, Legislative Council and Assem-
bly, That the Justices of the Peace in the several Counties in this
Province shall and may and they are hereby required at their first General
Sessions to be holden after the receipt of this Act by the Clerk of the Peace for
the County as hereinafter provided, or at any Special Sessions to be for that
purpose expressly convened, to appoint such and so many fit person or persons
within each Town or Parish within their respective Counties, as they shall think
expedient, to take an account of the Population thereof, in manner hereinafter
directed ; and if more than one person shall be so appointed for any Town or
Parish, then to divide such Town or Parish into convenient Districts, assigning
to each person so appointed to take such account in his particular District ;
which persons so appointed to take such account shall be liable in all respects to
the same rules and regulations, penalties and forfeitures, as Town or Parish
Officers are subject and liable to by virtue of any Law in force for the appoint-
ment and regulation of Town or Parish Officess [sic]; provided that the Mayor,
Alderman and Commonalty of the City of Saint John, in Common Council con-
vened, shall as soon as conveniently may be after the time appointed for this Act
to come into operation, appoint such and so many fit person or persons as to them
shall seem meet, to take such account within the said City, in like manner with the
Justices of the Peace for the several Counties at their General or Special Sessions
as aforesaid.

    II. And be it enacted, That the persons so appointed as aforesaid, shall at the
times and in the manner hereinafter directed, severally take an account of the
number of persons who shall be actually found at the time of taking such account,
within the limits of the Parish, City or District for which they may be respec-
tively appointed, and shall set down the several particulars respecting the same,
according to the form prescribed in the Schedule annexed to this Act.

    III. ‘And for the more speedy and effectual obtaining of such accounts ;' Be
it further enacted, That a sufficient number of printed copies of this Act, and of
the Schedule thereto, (such number to be regulated and determined by Order of
His Excellency the Lieutenant Governor or Administrator of the Government
for the time being,) shall as soon as may be after the passing of this Act, be
transmitted by the Queen's Printer to the Clerks of the Peace in the several
Counties, and the said several Clerks of the Peace shall, and they are hereby
required with all convenient speed to cause the said Act to be distributed among
the Justices of the Peace in the several Counties, so that at least one Justice in
each Parish may be furnished with one of the said printed copies of the said Act ;
and also to cause two of the said printed Schedules to be delivered to each person
to be appointed as aforesaid to take the account required by this Act, within the
said several and respective Counties.

    IV. And be it enacted, That the persons so appointed to take such accounts as
aforesaid, shall with all convenient expedition after receiving such Schedules, and
within such time as will enable them to deliver or transmit their respective answers
and returns to the Clerks of the Peace by the day hereinafter limited for that pur-
pose, proceed to take an account in writing of the number of persons at the time of
taking such account, being within the limits of the Parish, City or District for
which they may be respectively appointed as aforesaid, and inform themselves of
the several particulars relating to the matters specified in the questions contained
in the said Schedules, by proceeding from house to house, or otherwise as they
shall judge expedient, for the better execution of this Act ; and from such infor-
mation and lists shall prepare duplicate answers or returns to the said questions,
according to the forms prescribed in the said Schedules, and shall sign and make
oath to the same before a Justice of the Peace of the County according to the
said forms, which oath any such Justice is hereby authorized and required to
administer ; and the better to enable such persons so appointed, as aforesaid, to 
make such answers and returns, they are hereby severally and respectively
authorized and empowered to ask all such questions of the persons within the
Parish, City or District for which they may be respectively appointed as afore-
said, respecting themselves and the number and the quality of the persons
constituting their respective families, as shall be necessary for stating the particu-
lars required to be stated concerning them in the said answers and returns ; and
every person refusing to answer or wilfully giving a false answer to such questions,
or any of them, shall for every such refusal or false answer forfeit a sum not
exceeding three pounds nor less than twenty shillings, at the discretion of the
Justices before whom complaint thereof shall be made ; and the said persons so
appointed as aforesaid to take such account, shall deliver or transmit their several
and respective answers and returns in duplicate as aforesaid, to the Clerks of the
Peace for the several and respective Counties on or before the first day of
November next after this Act shall come into operation.

    V. And be it enacted, That the several Clerks of the Peace shall on or before
the tenth day of November next after this Act shall come into operation, transmit
one copy of such answers and returns as they shall have received in manner
aforesaid, together with a list of the Parishes, Districts or places within their
respective Counties, from which no returns may have been received, to the Office
of the Secretary of the Province, and shall place and keep the other copy of such
answers and returns on file in their offices respectively ; and the answers and
returns which shall be so transmitted to the Office of the Secretary of the Pro-
vince, shall be digested and reduced into order by such officer or persons as the
Lieutenant Governor or Administrator of the Government for the time being,
shall appoint for that purpose, and an abstract thereof shall be laid before the
General Assembly at their next Session.

    VI. And be it enacted, That there shall be allowed and paid out of the Pro-
vince Treasury to each Clerk of the Peace, for the services required of him by
this Act, the sum of ten pounds, and to each and every person appointed and
employed under this Act to take such account as aforesaid, who shall make and
transmit to the Clerk of the Peace of the County, by the day hereinbefore limited
for that purpose, due answers and returns according to the Schedule to this Act
annexed, the sum of ten shillings for each and every day that such person shall
make it appear to the Justices of the Peace for the several Counties at the General
Sessions, that he has been actually employed in the services required of him by
this Act ; the number of days to be certified by the said Justices at their General
Sessions, to the Lieutenant Governor or Administrator of the Government for the
time being ; which said sums in this Section mentioned, shall be paid out of any
monies in the Province Treasury, by Warrant of the Lieutenant Governor or
Administrator of the Government for the time being, by and with the advice and
consent of Her Majesty’s Executive Council, in favour of the Clerk of the Peace,
to be by him paid to the respective persons entitled to the same, without any
deduction whatever.

    VII. And be it enacted, That any person appointed under this Act; to take
such account as aforesaid, who shall refuse or neglect to perform any of the duties
required of him by this Act, shall for each and every such refusal or neglect,
forfeit and pay a sum not exceeding five pounds, nor less than forty shillings, at
the discretion of the Justice before whom complaint shall be made.

    VIII. And be it enacted, That the several and respective forfeitures and
penalties hereinbefore mentioned, shall and may be recovered upon complaint
made before any Justice of the Peace for the County, or City and County, where
the offence may be committed, upon the oath of one or more credible witness or
witnesses, and be levied by distress and sale of the goods and chattels of the
offender, rendering the overplus, (if any) after deducting the costs and charges
of prosecution and sale to such offender, and to be applied, one half to the use
of the person who shall sue for the same, and the other half to the use of the poor
of the Parish where the offence may be committed.

    IX. And be it enacted, That this Act shall not come into operation or be in
force until the first day of January which will be in the year of our Lord one
thousand eight hundred and forty nine.

SCHEDULE.
Name and
description of
Parish or  City,
or District in such
Parish or City,
and within what
County situate.
 
Question 1st. Inhabited Houses.
By how many Families inhabited.
Question 2nd. Houses now Building.
Question 3rd. Uninhabited Houses.
Question 4th. Stores, Barns and Outhouses.
Persons, including
Children of what-
ever age.
Number of Males over 16.
Number of Females over 16.
Number of Males under 16.
Number of Females under 16.
Births. Number of Births during preceding year.
Deaths. Number of Deaths during preceding year.
Grammar Schools. Number of Children attending Grammar Schools.
Parish Schools. Number of Children attending Parish Schools.
Cleared Land. Estimated quantity of Cleared Land.
Crops. Number of Tons Hay cut.
Number of Bushels of Wheat raised.
Number of Bushels of Barley raised.
Number of Bushels of Oats raised.
Number of Bushels of Buckwheat raised.
Number of Bushels of Indian Corn raised.
Number of Bushels of Peas and Beans raised.
Number of Bushels of Turnips raised.
Number of Bushels of Potatoes raised.
Number of Bushels of other Root crops raised.
Stock. Number of Neat Cattle.
Number of Cows, how many milked.
Quantity of Butter churned.
Number of Horses.
Number of Sheep.
Number of Swine.
Persons engaged
in various
employments.
Number of Farmers.
Number of Mechanics.
Number of Merchants and Traders.
Number of persons engaged in Fisheries.
Number of persons engaged in Lumbering.
Number of Doctors.
Number of Clergymen or Ministers.
Buildings of different
kinds.
Number of Churches and places of Worship.
Number of Schools.
Number and value of Saw Mills, and hands employed.
Number and value of Grist Mills, and hands employed.
Number and value of Tanneries, and hands employed.
Number and value of Foundries, and hands employed.
Number and value of Weaving and Carding Establishments, and hands employed.
Number of Hand Looms.
Number of Yards of Woolen Cloth manufactured.
Number and value of Factories, other than the above, and hands employed.
Manufactured Articles, &c. &c. &c. Value of Boots and Shoes manufactured.
Value of Leather manufactured.
Value of Candles manufactured.
Value of Wooden Ware manufactured, other than Cabinet Makers.
Value of Soap manufactured.
Value of Chairs and Cabinet Ware manufactured.
Value of Fish caught, and quantities.
Value of Hats manufactured, and number.
Value of Iron Castings manufactured.
Quantity of Coal raised.
Quantity of Iron smelted, and value thereof.
Number of Breweries.
Number of Gallons of Malt Liquor manufactured.
Casks of Lime burnt, and value.
Number and value of Grindstones.
Tons and value of Gypsum quarried.
Quantity of Maple Sugar manufactured.


Transcriber's Remarks

The Act is very similar to the census acts of 1824, 1834, and 1840.

Marginal notes have been omitted.

In 1849, the Act was amended by 12 Vict., c. 48 at the request of the British Government to delay the census until 1851. A requirement was also added to record the names of people, rather than merely make a population count.

Transcribed by Craig Walsh.
August 2001.

Disclaimer: I have provided this transcription for its historical interest. It should not be considered an official or legal copy of the act.

Source
New Brunswick. Acts of the General Assembly of Her Majesty's Province of New Brunswick, Passed in the Year 1848. Fredericton: John Simpon, Queen's Printer. 1848. pp. 121 - 124.

Return to New Brunswick Census Legislation.

This page was prepared by Craig Walsh.
First posted 5 August 2001.