|
Passed 11th March, 1824.
WHEREAS is is expedient to take an
account of the total number of per-
sons within this Province --
I. Be it enacted by the President, Council,
and
Assembly, 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 af-
ter the receipt of this Act by the Clerk of the
Peace for the County as hereinafter pro-
vided, 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 appointment and regulation
of Town or Parish Officers : Provided, that
the Mayor, Alderman and Commonalty, of
the City of Saint John, in Common Council
convened, shall as soon as conveniently may
be after the passing of this Act, 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 Jus-
tices of the Peace for the several Counties
at their General or Special Sessions as afore-
said.
II. And be it further enacted, That the per-
sons so to be appointed as aforesaid, shall at
the times and in the manner hereinafter di-
rected, severally take an account of the num-
ber 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 respectively 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 there-
to, (such number to be regulated and deter-
mined by order of the President ofr Com-
mander-in-Chief for the time being) shall on
or before the first day of April next after the
passing of this Act, be transmitted by the
King'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 print-
ed copies of the said Act, and also to cause
two of the said printed Schedules to be de-
livered to each person appointed as afore-
said to take the account required by this
Act, within the said several and respective
Counties.
IV. And be it further enacted, That the per-
sons so appointed to take such account as
aforesaid, shall with all convenient expedi-
tion after receiving such Schedules, and
within such time as will enable them to de-
liver or transmit their respective answers
and returns to the Clerks of the Peace, by
the day hereinafter limited for that purpose,
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 Pa-
rish, 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 ques-
tions contained in the said Schedules, by pro-
ceeding from house to house, or otherwise,
as they shall judge expedient, for the better
execution of this Act, and from such infor-
mation shall prepare duplicate answers or
returns to the said questions, according to
the form prescribed in the said Schedule,
and shall sign and make oath to the same
before a Justice of the Peace of the County,
according to the said form, which oath any
such Justice is hereby authorized and re-
quired to administer ; and the better to en-
able 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 Dis-
trict, for which they may be respectively ap-
pointed as aforesaid, respecting themselves,
and the number and quality of the persons
constituting their respective families, as shall
be necessary for stating the particulars re-
quired 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 dis-
cretion of the Justice, before whom com-
plaint 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 Coun-
ties, on or before the first day of December
next after the passing of this Act.
V. And be it further enacted, That the se-
veral Clerks of the Peace shall on or before
the tenth day of December next after the
passing of this Act, transmit one copy of such
answers and returns as they shall have re-
ceived in manner aforesaid, together with a
list of the Parishes, Districts or Places, within
their respective Counties from which no re-
turns may have been received, to the office
of the Secretary of the Province, and shall
place and keep the other copy of such an-
swers and returns, on file, in their offices re-
spectively, and the answers and returns which
shall be so transmitted to the office of the
Secretary of the Province, shall be digested
and reduced into order by such officer or
persons as the President or Commander-in-
Chief 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 further enacted, That there
shall be allowed and paid out of the Province
Treasury to each Clerk of the Peace, for the
services required of him by this Act, the
sum of Three 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 Ses-
sions, 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 Pre-
sident or Commander-in-Chief for the time
being, which said sums in this Section men-
tioned, shall be paid out of any monies in the
Province Treasury, by warrant of the Presi-
dent or Commander-in-Chief for the time
being, by and with the advice and consent
of His Majesty's Council.
VII. And be it further enacted, That any
person appointed under this Act to take such
account as aforesaid, who shall refuse or ne-
glect 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 Jus-
tice before whom complaint shall be made.
VIII. And be it further enacted, That the
several and respective forfeitures and penal-
ties hereinbefore mentioned, shall and may
be recovered upon complaint made before
any Justice of the Peace for the 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.
SCHEDULE.
Questions, to which, by directions of an
Act of Assembly, passed in the fifth year of
the Reign of His Majesty King George the
Fourth, intituled, " An Act for taking an
" Account of the Population of this Pro-
" vince," written answers, in duplicate, are
to be returned by the persons appointed
under and by virtue of the said Act, to take
such account, signed and attested upon oath,
by such persons respectively.
1st.--- How many Inhabited Houses are
there in your City, Parish or District, and
by how many Families are they occupied ?
2nd.--- How many Houses are now Build-
ing, and therefore now yet Inhabited ?
3rd.--- How many other Houses are Unin-
habited ?
4th.--- How many Persons (including
Children of whatever age) are there actually
found within the limits of your City, Parish
or District, at the time of taking this ac-
county, distinguishing Males and Females,
and Persons above and under sixteen years
of age, and People of Colour, and exclusive
of Men actually serving in His Majesty's
Regular Forces, and of Seamen either in His
Majesty's Service or belong to Registered
Vessels, and of Native Indians ?
5th.--- Are there any matters which you
think it necessary to remark in explanation
of your answers to either of the preceding
questions ? |