Census (1851) Act 1850 No 18a (NSW)
No. XVIII.
An Act for taking an account of the population
of New South Wales. [19th September, 1850.] WHEREAS it is expedient to take an account of the total number of persons within the Colony of New South Wales Be it therefore 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 first day of February in the year one thousand eight hundred and fifty-one the Police Magistrates for the several and respective Police Districts the boundaries whereof are set forth in a certain Government Notice published by order of His Excellency the Governor in the New South Wales Government Gazette and bearing date the seventeenth day of January one thousand eight hundred and fifty and in any such Police District where there is no Police Magis trate the Justices of the Peace assembled in Petty Sessions at the chief place of Petty Sessions within the same shall and they are hereby required and directed to cause general notices to be affixed on the several churches chapels market houses and court houses and on such other conspicuous places as they shall deem proper within the said Colony requiring every householder employer of servants and proprietor or occupier of land therein to be prepared upon the first 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. Provided always and be it enacted That in respect to every Commissioner's District (if any) or portion of a Commissioner's District not comprised in any of the said Police Districts the notices by this Act required to be affixed as aforesaid may and shall be so affixed by the respective Commissioners of Crown Lands appointed to act within such District.
3. And be it enacted That the said Police Magistrates Justices in Petty Sessions and Commissioners in the cases aforesaid shall on or before the fifteenth 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 first 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 if within the Settled Districts the parish (if in the County of Cumberland) and the city town or reputed town and if in the City of Sydney or the City of Melbourne or the Town of Geelong the ward of the said city or town respectively in which each such person shall be or reside and the Commissioner's District if beyond the Settled Districts 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 age quality class education religion place of birth and trade or calling of the persons constituting their respective families or sojourning with them and all such other particulars as shall be necessary to fill up the said Schedule and every such person refusing or neglecting to answer or wilfully giving a false answer to any such question and every person in any way wilfully obstructing such Collectors in the execution of the duties
required
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 live pounds nor less than forty shillings at the discretion of the Justices before whom complaint thereof shall be made Provided always thai 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 her 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.
4. And be it enacted That the Visiting Magistrates of every public Gaol (or if there be no Visiting Magistrate then the Gaoler or Keeper of such Gaol) the Visiting Magistrates of Cockatoo Island the Superintendent of the Stockade at Newcastle the Visiting Magistrates of the Lunatic and Invalid Establishment at Parramatta the Superin tendents of the Lunatic Asylums at Tarban Creek and at or near Melbourne and the Surgeon Superintendent Steward Matron or other officer or person by what name soever known in charge of any Hospital School Asylum or other the like establishment or institution 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 such Goal Stockade Hospital Asylum School or other establishment or insti tution as aforesaid and they shall respectively be liable to the penalties to which hy 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 Gaoler Superintendent Surgeon Steward Matron or other officer or person in charge of any such establishment or institution as aforesaid.
5. And be it enacted That the persons so to he appointed as aforesaid shall within fourteen days after the said first day of March next deposit with the respective Police Magistrates Justices in Petty Sessions or Commissioners in cases 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 or for any part thereof and shall answer all such questions as shall IK; put to them concerning such accounts by the said Police Magistrates Justices or Commissioners and
| to answer or wilfully give a false answer to any such question he | if any such person shall fail or neglect to take such accounts or shall omit to deposit the same in manner hereby required or shall refuse |
| shall on conviction forfeit and pay for every such offence a sum not exceeding five pounds nor less than forty shillings. | |
| (3. And be it enacted That the said Police Magistrates Justices in Petty Sessions and Commissioners in cases aforesaid 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 aforesaid shall attend to answer 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 he 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 within the Settled Districts or parish in the County of Cumber |
land
land or any city town or reputed town such Police Magistrates Justices and Commissioners shall make or cause to be made a separate abstract in the form before mentioned of the persons residing or being in each such county or reputed county and parish (if in the County of Cumberland) and each city town or reputed town and in each ward of any incorporated city or town and shall subscribe the same in manner aforesaid and in respect of any district comprised within the Sydney or Middle District of the Colony such Police Magis trates 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 in respect of any such district comprised within the Southern or Port Phillip District such Police Magistrates Justices and Commissioners respectively shall transmit on or before the day aforesaid the said abstracts and original accounts to His Honor the Superintendent of Melbourne and if any Police Magistrate 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.
7. And whereas the boundaries of the County or reputed County of Stanley in the Sydney or Middle District and the boun daries of the 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 pur poses of this Act it shall be lawful for His Excellency the Governor to define the boundaries of the said County or reputed County of Stanley and for His Honor the Superintendent of Port Phillip to define the boundaries of the said Counties or reputed Counties of Bourke Grant and Normanbv.
8. Provided always and be it enacted That for the purposes of this Act the City of Melbourne shall be deemed to be comprised within the Police District of Bourke in the District of Port Phillip.
9. Provided always and be it enacted That with respect to any portion of the Territory of New South Wales not included within any one of the Police Districts or Commissioners' Districts as aforesaid it shall be lawful for His Excellencv the Governor by Proclamation to be by him for that purpose published in the Government Gazette to declare within what Police District or Commissioner's District such portion of Territory shall for the purposes of this Act be comprised.
10. And be it enacted That it shall be 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 shall 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 person so to be appointed as aforesaid. 11. And be it enacted That all fines 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 of the offender's goods and chattels by virtue of a warrant under the hands of such Justices rendering to the said offender the overplus if any after the charge of such distress and sale shall be deducted and in case sufficient distress shall not be found then it shall be lawful for such Justices or any two Justices to commit such offender to some common gaol there to remain without bail or mainprize for a term not exceeding three months unless the said fine and charges shall be sooner paid and all fines imposed by this Act when recovered shall
be
he paid one-half to the informer or person who shall sue for the same and the other to Her Majesty Her Heirs and Successors to be applied to the public uses of the said Colony and in support of the Govern ment thereof as may be directed by any Act of the Legislature.
12. 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 de claration 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 or thing he shall be subject to the same pains penalties and forfeiture to which persons convicted of wilful perjury are subject.
SCHEDULES REFERRED TO.
A.
N E W S 0 U T H W A L E S . (CENSUS OF T H E YEAR 18.11.)
Return No.
| T H I S paper will be called for on the "2nd March 1 8 5 1 . | No fees or reward to be paid to any |
person engaged on the Census. Four attention is particularly called to the 3rd clause of the Act 1 4 Victoria No. 1 8 wherein amongst other things it is enacted " Tha t every such " person refusing or neglecting to answer or wilfully giving a false answer to any such " question and every person in any way wilfully obstructing such Collectors 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."
County
District
Parish (if in the County of Cumberland) . . .
Town
Street place alley &c. if in a Town . . .
W a r d 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 tin; |
| occupier of land in the Colony by persons | Collectors appointed by the Justices. |
| appointed by the Just ices 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 1
5 . Be pleased to refer to the forms annexed and according to the particulars therein specified give me first a Numerical Return of the inmates of this house on the 2nd March 1 8 5 1 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 1 8 5 1 .
S E X .
T O T A L .
T O T A L .
T O T A L .
M A L E . F E M A L E ,
Married. Single. Married. Single.
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T O T A L S
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T O T A L S . .
MALE. FEMALE.
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on
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TOTAI.S
Dated at Signature of Householder.
1 8 5 1 . Collector.
Nominal Return of persons in the said House or Establishment on 2nd March 1 8 5 1 . Name . . . Country where born
Present occupationWhether principal journeyman apprentice or hired or assigned
servant
Signature of Householder.
C o l l e c t o r .
* 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 true 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 1 8 5 1 . (Signed) A. B. J. P
C.
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Under Two years. I e
A re r R NAME OF ESTABLISHMENT. r T he o S c
B NUMBER OF RETURN. do r A o 3 o—VOL. 3.
0
0
0