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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. |