Census (1846) Act 1845 No 21a (NSW)

Case
No judgment structure available for this case.

WHEREAS it is expedient to take an account of the total number of persons within the Colony of New South Wales Be it there­ fore enacted by His Excellency the Governor of New South Wales
with the advice and consent of the Legislative Council thereof That
on or before the second day of February in the year one thousand
eight hundred and forty-six the Police Magistrates for the several and respective Police Districts the boundaries whereof are set forth in cer­
tain Government notices respectively published by order of His
Excellency the Governor in the New South Wales Government Gazette and bearing date the fifteenth day of September one thousand eight hundred and forty-one the ninth day of August one thousand eight hundred and forty-two and the twenty-fifth day of March one thou­ sand eight hundred and forty-five and in any such Police District where there

No. XXI.

An Act for taking an account of the Population

of New South Wales. [8th November, 1845.]

there is no Police Magistrate the Justices of the Peace assembled in Petty Sessions at the chief place within the same and the several and respective Commissioners of Crown Lands in places beyond the boun­ daries allotted for location in their respective districts shall and they are hereby required and directed to cause general notices to be affixed on the several churches chapels market houses and court bouses and on such other conspicuous places as they shall deem proper within the said Colony requiring every householder employer of servants and pro­ prietor or occupier of land therein to be prepared upon the second day

of March next ensuing or on the days immediately subsequent thereto
to give all such information as is required by the Schedule hereunto annexed marked A to such persons as shall be appointed in manner hereinafter mentioned to collect the same.

2. And be it enacted That the said Police Magistrates Justices

in Petty Sessions and Commissioners shall on or before the sixteenth day of February next appoint one or more fit and proper person or persons for each district to collect the information hereby required and the said person or persons shall on the said second day of March next and on the days immediately subsequent thereto if one day shall not be sufficient proceed to take an account in writing of the number of persons at that time being within the limits of his or their respective districts and inform himself or themselves of the several particulars specified in the said Schedule distinguishing the county or reputed county the parish (if in the County of Cumberland) and the city town or reputed town and if in the City of Sydney or Town of Melbourne the ward of the said city or town respectively in which each such person shall be or reside and the district if beyond the boundaries prescribed for location to settlers and the better to enable such persons to take such accounts they are hereby authorized and empowered to ask such questions of the persons residing or being within their respective districts concerning themselves and the number sex quality class age and trade or calling of the persons constituting their respective families and all such other particulars as shall be necessary to fill up the said Schedule and every such person refusing or neglect­ ing to answer or wilfully giving a false answer to any such question and every such person in any way wilfully obstructing such persons in the execution of the duties required of them under this Act shall for every such refusal or neglect false answer or wilful obstruction forfeit and pay a sum not exceeding five pounds nor less than forty shillings at the discretion of the; Justices before whom complaint thereof shall

be made Provided always that nothing in this Act contained shall be deemed to authorize any person appointed to collect information

under the provisions of the same to ask any other person directly any question relating to his or he;r civil condition or to render any person to whom such a question may have been proposed liable to any penalty under this Act for refusing to answer the same.

3. And be it enacted That the Visiting Magistrates of every public gaol prison or house of correction (or if there be no Visiting Magistrate then the Gaolor or Keeper of such gaol prison or house

of correction) and the Visiting Magistrate of Cockatoo Island the

Superintendent of Hyde Park Barracks the Visiting Magistrate of the; Female Factory at Parramatta the Superintendent of the Lunatic Asylum at Tarban Creek the Colonial Surgeons or Colonial Assistant Surgeons of the respective Convict Hospitals throughout the Colony the Superintendent of the Male Orphan School Liverpool the Matron of the Female Orphan School Parramatta and the Master or person in charge; of the Institution for destitute Roman Catholic Children shall

by virtue of such their office be deemed to be persons appointed for
taking the account required by this Act in respect of the inmates of

any

any such gaol hospital asylum orphan school or other establishment as aforesaid and they shall respectively be liable to the penalties to which by this Act persons so appointed are subjected for wilful default in the instances therein specified Provided always that no allowance as is hereinafter provided shall be made to any such Visiting Magistrate Superintendent Surgeon Assistant Surgeon Gaoler Matron or other person in charge of any such establishment as aforesaid.

4. And be it enacted That the persons so to be appointed as aforesaid shall within fourteen days after the said second day of March next deposit with the respective Police Magistrates Justices in Petty Sessions or Commissioners as aforesaid the several original accounts

so taken in writing and subscribed by them and shall make solemn
affirmation in the form contained in the Schedule hereunto annexed marked B before any Justice of the Peace acting in and for the Territory of New South Wales o r for any part thereof and shall answer all such questions as shall be put to them concerning such accounts by the said Police Magistrates Justices or Commissioners and if any such person sha l l fail or neglect to take such accounts or shall omit to deposit t h e same in manner hereby required or shall refuse to answer or wilfully give a false answer to any such question he shall on conviction forfeit and pay for every such offence a sum not exceeding live pounds nor less than forty shillings.

5. And b e it enacted That the said Police Magistrates Justices in Petty Sessions and Commissioners shall as soon after the receipt of such original accounts as may be appoint a convenient day for examining the same at which the persons so appointed as afore­ said shall attend to a n s w e r all such questions as shall be put to them touching such accounts and the correctness thereof and such Police Magistrates Justices and Commissioners respectively shall 'examine the same and cause any defect or inaccuracy which may be discovered therein to be supplied or corrected so far as may be possible and shall cause an abstract of such accounts to be made according to the form contained in the Schedule hereunto annexed marked C and shall subscribe a certificate in the terms therein set forth, and if the district for which such Police Magistrates Justices or Commissioners shall act shall comprise more than one county or parish in the County of Cumberland or any city town or reputed town such Police Magis­

trates Justices and Commissioners shall transmit a separate abstract

in the form before mentioned of the persons residing or being in each

land and each city t o w n or reputed t o w n and in each ward of any such county or reputed county and parish if in the County of Cumber­

incorporated city or town and shall subscribe the same in manner aforesaid and such Police Magistrates Justices and Commissioners respectively shall on or before the first day of June next transmit to the Colonial Secretary of New South Wales the said abstracts together with the said original accounts as aforesaid and if any Police Magis­

trate Justice or Commissioner shall fail or neglect to perform the

duties required in the premises or any of them he shall forfeit and pay the sum of fifty pounds to be sued for and recovered in the Supreme Court.

6. And whereas the boundaries of the Counties or reputed Counties of Stanley and Auckland in the Sydney o r middle district and the boundaries of t h e Counties or reputed Counties of Bourke

Grant and Normanby in the southern or Port Phillip District have

not yet been definitely arranged and proclaimed Be it enacted That for the purposes of this Act it shall be lawful for His Excellency the Governor to define the boundaries of the said Counties or reputed Counties of Stanley and Auckland and for His Honor the Superin­

tendent

lendent of Port Phillip to define the boundaries of the said Counties
or reputed Counties of Bourke Grant and Normanby and the Police;

Magistrate of Brisbane the Commissioner of Crown Lands for the District of Maneroo the Justices in Petty Sessions a t Melbourne and Geelong and the Police Magistrate of Portland shall respectively perform the several duties and have the like powers and immunities under this Act within the said Counties or reputed Counties respectively as are hereby imposed on and granted to the Police Magistrates and Justices in Petty Sessions of the Police Districts the boundaries whereof have been notified as aforesaid and the Commis­ sioners of Crown Lands in the said District of Port Phillip and the said Commissioner of Crown Lands for the District of Maneroo shall in parts of their respective districts other than the said counties or reputed counties perform the duties and have the like powers and immunities in their respective districts as are respectively imposed upon and granted to the Commissioners in districts beyond the boundaries of location as aforesaid.

7. And be it enacted That it shall b e lawful for the said Police

Magistrates Justices in Petty Sessions or Commissioners as aforesaid

to cause an allowance for the number of days which any such person sha l l be actually employed in taking such account as aforesaid at a

rate not exceeding ten shillings a day if employed on foot and fifteen shillings a day if employed on horseback to be paid to the persons so

to be appointed as aforesaid.

8. And be it enacted That all f ines imposed under and by virtue

of this Act shall be recovered in a summary manner before any two or

more Justices of the Peace in Petty Sessions assembled unless herein­ before otherwise provided and if not immediately paid shall be levied by distress and sale o f the offender's goods and chatties by virtue of a
w a r r a n t under the hands and seals of such Justices rendering to t h e
said offender the overplus if any after the charge o f s u c h distress and sale shall be deducted and in case sufficient distress sha l l not be found then it shall be l a w f u l for such Justices or any twO Justices to commit such offender to some common gaol there to remain w i t h o u t bail or mainprize for a term not exceeding three months unless t h e said fine and charges shall be sooner paid and all fines imposed by this Act when recovered shall be paid one-half to the informer or person who shall sue for the same and the other to the Treasurer of the said Colony to be applied towards defraying the expense of carrying this Act into

execution.

9. And be it enacted That every solemn affirmation or declara­

tion made or signed under the authority of this Act shall be of the same force and effect as if the person making such affirmation or declaration had taken an oath in the usual form so that if the person making: such affirmation or declaration shall be convicted of having therein wilfully and falsely affirmed or declared any matter o r thing he shall be subject to the same pains penalties and forfeitures to which persons convicted of wilful perjury are subject.

SCHEDULES
SCHEDULES REEERRED TO.

A.

N E W S O U T H W A L E S .
(CENSUS OF T H E Y E A R 1846.)

Return No.

THIS paper will be called for on the 2nd March 1846. No fees or reward to be paid to any

person engaged on the Census. Your attention is particularly called to the 2nd clause of the Act 9 Victoria No. 21 wherein amongst other things it is enacted " That any person

" refusing or neglecting to answer or wilfully giving a false answer to the questions by the " persons appointed to take the Census or wilfully obstructing such persons shall forfeit and " pay a sum not exceeding five pounds."

County . . . . . . . . . . . . . . .

District

Parish (if in the County of Cumberland) . . .

Town

Street place alley &c. if in a Town

Ward if in an incorporated Town . . .
Place of residence if in the country

Name of householder employer of servants

or person in charge

Questions to be proposed to every householder Replies to be inserted by the householder if
employer of servants and proprietor or able to write otherwise by one of the
occupier of land in the Colony by persons Collectors appointed by the Justices.
appointed by the Justices of the several
Towns and Districts respectively to collect
the information required by the Act.

1. Is this house built of stone of brick or of

wood ?

2. Is it shingled or slated ?
3. Is it completed ?

4. Is it inhabited ?

5. Be pleased to refer to the forms annexed

and according to the particulars therein

specified give mo first a Numerical Return

of the inmates of this house on the 2nd
March 1846 including yourself family servants lodgers and sojourners and
secondly a Nominal Return shewing the

Country where born and the occupation

of each person.

Numerical

Numerical Return of the several persons in the said House or Establishment on the

2nd March 1846.

SEX.

TOTAL.
TOTAL.
TOTAL.

MALE. FEMALE.

Married. Single. Married. Single.

.
.
ge
ge
a
a

Under 2 years
Under 2 years

h
h
c

c 2 and under 7
2 and under 7
a
a
e
e 7 and under 1 4
7 and under 1 4
f
f 1 4
1 4 and under 2 1

and under 2 1

o
o

rs 2 1 and under
2 1 and under 45

45

rs
be

be 4 5 and under 60
4 5 and under 60
60 and upwards
60 and upwards
um
um
N
N TOTALS
TOTALS
n.
n.
n. e.
tio
tio
tio
re Arrived free or born in the Colony
di
di
di
F Other free persons
on
on
on d.
d. Holding Tickets of Leave

Holding Tickets of Leave

C
C
C

il on
on In Government Employment

In Government Employment

il
il
iv
iv

iv B
B In Private Assignment

In Private Assignment

C
C
C

TOTALS

TOTALS

Church of England
Church of Scotland..

n.

io Wesleyan Methodists
ig Other Protestants . .
el Roman Catholics
R Jews
Mahomedans and Pagans . .
Other persuasions . .

TOTALS

M A L E . FEMALE
C a n n o t R e a d R e a d & C a n n o t R e a d R e a d &
read . o n l y . w r i t e . read . o n l y . wri te .

.

on Under 4 years of age
ti 4 years and under 7
ca 7 years and under 1 4
du 1 4 years and under 2 1
E 21 years and upwards
TOTALS . .
Dated at Signature of Householder.

1846   Collector.

Nominal Return of persons in the said House or Establishment on 2nd March 1846.
Name . . .

Country where born
Present occupation

Whether principal journeyman apprentice or hired or assigned

servant

Signature of Householder.

Collector.

* These Totals if the Returns be correct should correspond.

B.

Form of Affirmation.

I do hereby solemnly affirm and declare that the accounts numbered from

to inclusive severally signed and now delivered by me contain a t rue statement
of the number and quality of the persons residing within the of

to the best of my knowledge and belief.

Made and declared before me at

this day of 1846 (Signed) A. B.

J. P.)

c.

ed

Uninhabited. li
pp
e Inhabited. .
th u
Unfinished. R

.
.
.
.

. s
S
S
S
S
S E
d E
E
E
E
E Finished. be N
S
S
S
S
S
n IO
U TOTAL.

U
U
U
U

o O
O
O
O
O to S
ey Slated.
H IS

H
H
H
H

Shingled.

b n
ei M
if Wood.
Stone or Brick. ) er M
be O
T General Totals. th C
IC TOTALS. Females. y
a cy
R MALES.
T m ra

Residue of population.

IS se
All other occupations. cu
D a
c ac

Alms-people Pensioners Paupers &c.

r

o Other educated persons. e in
th
e— Medical Profession. r
o

.
.
.
.
.
.

. Legal profession. s
rn N
N
N
N
N
N
N a ct
u IO
IO
IO
IO
IO
IO
IO Clerical profession.
er fe
o T
T
T
T
T
T
T Domestic Servants.
Domestic Servants. Females.
lb A
A
A
A
A
A
A on de

Males.

P
P
P
P
P
P
P

e si

U
U
U
U
U
U

U Mechanics and Artificers.
M C
C
C
C
C
C
C y

is

r C
C
C
C
C
C
C Other Laborers. Horticulture. n
O
O
O
O
O
O
O a
o m

.
.

om d
ey G
G Stockmen and persons in se
IN
IN the management of OF HORSES AND CATTLE.
n Z
Z C u
d A
A Shepherds and a
y R
R e c
S
G
G persons in the management of sheep. th ve

Agriculture.

in I
Commerce Trade and Manufacture. ha

r

if In Foreign Countries. o

.

In other British Dominions. ed d
n r

.
.
.
.
.
.
.
.
.
.
.
.

46              d

.
.
.
.

N
N
N
N
N
N
N
N
N
N
N
N

S
S
S
S

o

ar

R E

E
E

E In Scotland. bl a
L
L
L

18  R

R
R
R
R
R
R
R
R
R
R

L .

O
O
O
O
O
O
O
O
O
O
O
O

A
A
A
A

t
e

M In Ireland.

B
B
B
B
B
B
B
B
B
B
B
B

W

M
M
M

. . .

u
m

E
E
E

E m
In Wales. e
ss
a

E
E
E
E
E
E
E
E
E
E
E
E

J. P
J. P

P

o

F
F
F
F

de sa
e

J.

R

R
R
R
R
R
R
R
R
R
R
R
R

In England.

N

E
E
E
E
E
E
E
E
E
E
E
E

A

H In the Colony.

H
H
H
H
H
H
H
H
H
H
H

E W ns a th
W In Foreign Countries.

W
W
W
W
W
W
W
W
W
W
W

Y O m

io

In other British Dominions.

T Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y to
S. In Scotland. ss is
E R
R
R
R
R
R
R
R
R
R
R
R S.

S.

T
T
T
T
T
T
T
T
T
T
T
T

H
d

E
E
E

L Se t g
A
A

L
L

N
N
N
N
N
N
N
N
N
N
N
N

A In Ireland. ac in
T n U
U
U
U
U
U
U
U
U
U
U
U ST

ST
ST

la O
O
O
O
O
O
O
O
O
O
O
O In Wales. tr
ty rd
P er C
C
C
C
C
C
C
C
C
C
C
C In England. et bs o

O

c

b

ABOVE Read and write.
Read and write.
In the Colony.
Cannot read.
Read only.

c
P
A
a

m

S

u

is
t
in

.
.
.
.

U

TWENTY-ONE

S
S
S
S

C

u

E
E
E
E

th

S

years.

L
L
L
L

es
o

f

A
A
A
A

N

C.

o .
.
.
.
.
.
N
N
N
N
N
N

M
M
M
M

de

Under

ch
ic

E

E
E
E
E

C ty
n of IO
IO F
F
F
F TWENTY-ONE Read only. st hi a

IO
IO
IO
IO

A years. Cannot read. Ju w

T
T
T
T
T
T

m

.— u

A
A
A
A
A

o be C
C
C
C
C
C Above Read and write. y
. TWENTY-ONE READ ONLY. e
th om tl

S

C

U
U
U
U
U
U

.
.
.

c

D
D
D
D
D
D

E

y

S
S
S
S

E years. Cannot read. fr e
e a E
E
E
E
E
E E

E
E

L th L
L
L
L rr
A m A
A
A
A Under Read and write. e o
M
M
M
M s
in se Twenty-one Read only. nt c
W years. W
a Cannot read. ou is
if c r
H Other Persuasions. (o cc t
T h e ac

Mahomedans and Pagans.

.
.
.
.
.

. r
is th
U ar N
N
N
N
N
N Jews. A tr o
O P s IO
IO
IO
IO
IO
IO Roman Catholics. l
na bs E
S a IG
IG
IG
IG
IG
IG Other Protestants T

gi

L
L
L
L
L
L A A

n

W Y tio E
E
E
E
E
E Wesleyan Methodists. ri is R
T R
R
R
R
R
R T
E N ca Church of Scotland. O th IS
N Church of England.
U lo e ve G
O d.
d.
d. In Private Assignment. th A

.
.
.
.
.

.
.
.
.
.
.
.
.
.

S
S
S
S
S

E on
on
on In Government Employment. lie M
L
L
L
L
L
C f N
N
N
N
N
N
N
N
N

E
E
E
E

e o IO
IO
IO
IO
IO
IO
IO
IO
IO A
A B
B
B Holding Tickets of Leave. ed be

A
A
A

E

th es
ri

IT
IT
IT
IT
IT
IT
IT
IT
IT

M
M
M
M
M

e
e

re Other Free Persons. f in e)

E
E
E
E
E

re

IC

F
F
F
F
F

D
D
D
D
D
D
D
D
D

F Born in the Colony or Arrived Free. o m L
in da N
N
N
N
N
N
N
N
N F
O d.
d.
d. In Private Assignment. e a O

O
O
O
O
O
O
O
O

on In Government Employment. at x
e W P
N un C
C
C
C
C
C
C
C
C
. on

on

.
.
S
S
S

bo IL
IL
IL
IL
IL
IL
IL
IL
IL
IV
IV
IV
IV
IV
IV
IV
IV
IV
C
C
C
C
C
C
C
C
C

tr
r

E
E
E

IO

B
B
B

ag lly
fu

HOLDING TICKETS OF LEAVE.

L
L
L

is
(o

A
A
A

T

ee
ee

Other Free Persons.

M
M
M

A

Fr
Fr

L Born in the Colony or arrived free. re I
U
Females.
Females. Single. M d
P L
L
L
L .
. a

.
.

D N
N
N
N Married. e c n
O IA
IA
IA
IA D

D
D

a

P C
C
C
C N

N
N

N IO
IO
IO
IO Single. ic ve
SO O
O
O
O ol

SO
SO
SO

T Males.
Males. le

T
T
T

e C
C
C
C Married. ha
th ib
SIXTY AND UPWARDS. P
e) ss
f FORTY-FIVE AND UNDER SIXTY.

.
.
.
.
.
.
.
.
.
.
.
.

. po

.
.
.
.

o E
E
E
E
E
E
E
E
E
E
E
E S

S
S
S

S Twenty-one and under Forty-five.
E
E
E
E
E
L W as
A
A
A
A
S G
G
G
G
G
G
G
G
G
G
G
G L

L
L
L

A Fourteen and under Twenty-one.
N A
A
A
A
A
A
A
A
A
A
A
A r

M
M
M
M
M

E Seven and under Fourteen. (o w
R H
H
H
H
H
H
H
H
H
H
H
H E

E
E
E

U C
C
C
C
C
C
C
C
C
C
C
C F

F
F
F
F

TWO AND UNDER SEVEN. it

A
A
A
A
A
A
A
A
A
A
A
A

T

E E
E
E
E
E
E
E
E
E
E
E
E Under Two years. I

s
at

R r
r
r
r
r
r
r
r
r
r
r
r Sixty and upwards. a
O
O
O
O
O
O
O
O
O
O
O
O th
e Forty-five and under Sixty. r
th R
R
R
R
R
R
R
R
R
R
R
R fa
E
E
E
E
E
E
E
E
E
E
E
E

.
.

. Twenty-one and under Forty-five. y
S
S
S
B E
E
E if

B
B
B
B
B
B
B
B
B
B
B

f L
L
L Fourteen and under Twenty-one. rt so
o M
M
M
M
M
M
M
M
M
M
M
M A

A
A

U M
M
M Seven and under Fourteen. e

U
U
U
U
U
U
U
U
U
U
U

T N
N
N
N
N
N
N
N
N
N
N
N TWO AND UNDER SEVEN. c d

te

C by
A Under Two years. I c
e
R re rr
T NAME OF ESTABLISHMENT.
S he o
B c
A NUMBER OF RETURN. do r
o
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