Census Act for 1871 (1870 No 8a) (NSW)

No. XII.

An Act to make provision for taking the Census
and for obtaining certain Agricultural and

Pastoral Statistics in 1871. [4th May, 1870.]

and to obtain information as to the Live Stock and Agricultural	WH E R E A S it is expedient that an account of the Population he taken in the year one thousand eight hundred and seventy-one
Produce of New South Wales Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—
1. In the construction of this Act the word " dwelling " shall include all buildings and tenements or other erections whether per­ manent or temporary of which the whole or any part shall be used for the purpose of human habitation Provided that in the case of pastoral establishments the employers or superintendents shall be deemed "occupiers" for the purpose of filling up the Schedules herein men­ tioned for their whole respective establishments and for all other purposes and subject to all other provisions of this Act Provided also that each such pastoral establishment shall in the construction of this Act be deemed one " dwelling " And the word " Census" shall mean an account of the Population of New South Wales.
2. A Census shall be taken in manner hereinafter directed of all persons in the Colony on the night of Sunday the second day of April one thousand eight hundred and seventy-one.
3. For the taking of such Census and for obtaining information as to the Live Stock and Agricultural Produce the Governor with the advice of the Executive Council shall appoint Enumerators and define the Districts for which they shall respectively act and determine the number of Collectors to be appointed and employed by such Enumerators respectively and such appointments and other particulars shall be notified in the Gazette.

4.  The Enumerators shall subject to approval by the Governor

6. The Colonial Secretary shall cause to be prepared such Schedules Forms Declarations and Circulars as may be necessary for obtaining information as to the Name and Surname Relation to Head of Family Condition Sex Age Rank Profession or Occupation Birth-place Religion and Education of every person living in New South Wales on the night of the second day of April one thousand eight hundred and seventy-one and also whether any such persons were at the said date

with the like advice appoint in like manner the Collectors to be employed by them respectively and assign Sub-districts to such Collectors.

5. The Colonial Secretary shall have the care of superintending the taking of such Census and the collection of returns of such Live Stock and Agricultural Produce and shall cause to be prepared and printed for the use of the persons to be employed in taking the same Forms and such Instructions as he shall deem necessary And the Registrar General shall under the directions of such Colonial Secretary issue all such Forms and Instructions to the persons for whose use they shall be intended.

date Blind or Deaf and Dumb and of all houseless persons persons travelling or on shipboard And the said Colonial Secretary shall also cause to be prepared such Schedules Forms and Declarations as may be necessary for obtaining full and true particulars of the Agricultural Produce and Live Stock of New South Wales at the aforesaid date And the Enumerators shall in the course of the week ending on Saturday the first day of April one thousand eight hunched and seventy-one leave or cause to be left at every dwelling within their respective dis­ tricts one or more of such Schedules for the Occupier or Occupiers thereof or of any part thereof and upon every such Schedule shall be plainly expressed that it is to be filled up by the Occupier of such dwelling (or where such dwelling is let in different stories or apart­ ments and occupied distinctly by different persons or families then by the Occupier of each such distinct story or apartment) and that the Enumerator or Collector will collect all such Schedules on the Monday then next following And every Occupier of any dwelling or of any distinct story or apartment in any dwelling with or for whom any such Schedule shall have been left as aforesaid shall fill up the said Schedule to the best of his or her knowledge and belief so far as relates to all persons abiding in the dwelling story or apartment occupied by him or her and where required shall furnish full and true particulars of all Agricultural Produce and Live Stock according to the form contained in the Produce and Live Stock Schedule left at such Occupier's dwell­ ing and shall sign his or her name thereunto and shall deliver the Schedules so filled up or cause the same to be delivered to the Enume­ rator or Collector when required so to do.

7. The Colonial Secretary shall obtain by such ways and means as shall appear to him best adapted for the purpose Returns of the particulars required by this Act with respect to all houseless persons and all persons who during the said night of Sunday the second day of April one thousand eight hundred and seventy-one were travelling or on shipboard or for any other reason were not abiding in any dwelling of which account is to be taken by the Enumerators and such Returns shall be included in the Abstracts to be made as herein­ after enacted.
8. Every Collector shall on Monday the third day of April one thousand eight hundred and seventy-one or as soon thereafter as practicable demand and receive the said Schedules at all dwellings within his Sub-district and shall satisfy himself by inspection of the same that such Schedules are correctly filled up or if not so in any particular shall himself by information derived from the occupier

make the same complete and correct and in either such case shall then	and there countersign the said Schedules with his own name.
9. Every Collector shall within seven days after all the Schedules within his Sub-district shall have been completed and received by him deliver them to his Enumerator together with a declaration made and subscribed by himself in the form of the Schedule hereto marked A And any Enumerator may in the case of any defect or deficiency in any Schedule so delivered require the Collector deliver­ ing the same to make further inquiries and to correct such defect or supply such deficiency at his own cost.
10. Every Enumerator shall within fourteen days after receipt from his Collectors of all such Schedules make out therefrom one collective; Return of all the several particulars therein respectively contained and shall sign and transmit the same to the Registrar General for the use of the Colonial Secretary together with all the said Schedules and the declarations aforesaid as received from the several Collectors and together also with a declaration made and subscribed by himself in the form of the Schedule hereto marked B.

11. The Colonial Secretary shall with all convenient speed prepare or cause to be prepared Abstracts of the said Returns in form as nearly resembling the Census of Great Britain for 1861 as circum­ stances will admit And such Abstracts shall be printed and laid before both Houses of Parliament.

12. The Inspector General of Police—all Municipal Councils— Justices of the Peace—Clerks of Petty Sessions—Gold Commissioners— District Registrars of Births Marriages and Deaths—and Inspectors of Sheep within the Colony—shall on every request in writing from the Registrar General supply him for the use of the Colonial Secretary with all information in their power respecting fit persons to be appointed Enumerators or Collectors as aforesaid together with such advice and assistance upon any and every other point tending to the effectual carrying out of the provisions of this Act as may be in their power.

13. Any occupier or person in charge of any dwelling or distinct part of a dwelling who shall refuse or wilfully neglect to fill up to the best of his knowledge or information and belief the Schedules so left as aforesaid or to sign and deliver the same or shall refuse or wilfully neglect to answer or untruly answer any necessary inquiry made by a Collector or wilfully make sign or deliver or cause to be made signed or delivered any false return or statement of any particular in such Schedule or shall obstruct any person in the performance of any duty under this Act shall be liable to a penalty not exceeding twenty pounds.

14. Any Collector who shall fail to return to his Enumerator all the Schedules which shall have been received by him or shall wilfully sign or deliver any untrue Schedule or alter any Schedule except as aforesaid or shall otherwise wilfully violate any provision of this Act shall for every such offence be liable to a penalty not exceeding twenty pounds.

15. Every declaration under this Act may be made and subscribed before any Justice of the Peace or Commissioner of the Supreme Court for taking affidavits And any person wilfully making and subscribing a false declaration shall forfeit a sum not exceeding five pounds.

16. Any person accepting the office of Enumerator or Collector under this Act and afterwards refusing or neglecting to do anything lawfully required of him in virtue of such office unless prevented by sickness or other unavoidable cause (in which case the Governor with the advice aforesaid may forthwith appoint another Enumerator or the Enumerator may appoint another Collector approved as aforesaid) shall be liable to a penalty not exceeding twenty pounds.

17. All penalties under this Act may be recovered summarily before any two Justices of the Peace.

18. This Act shall be styled and may be cited as the " Census

Act for 1871."

SCHEDULES.

S C H E D U L E S .

S C H E D U L E A.

I a Collector appointed under the " Census Act for

1 8 7 1 " do solemnly declare tha t the Schedules numbered from to inclusive contained in the sealed packet to which this Declaration is attached are all the Schedules under the said Act which have been completed and received by me within the Sub-District to which I was appointed and tha t the whole contents of all the said Schedules are true to the best of my knowledge information and belief.

[Signature."]

Made and subscribed before me at

this day of 187

Jus t ice of the Peace

Or Commissioner of Supreme Court

for taking Affidavits.

S C H E D U L E B.

I an Enumerator appointed for the District of

under the " Census Act for 1 8 7 1 " do solemnly declare that the sealed packet addressed to the Registrar General to which this Declaration is attached contains all the Schedules and Declarations t ransmit ted to me by the [state here the number of Collectors for his District] Collectors appointed by me and also one Collective Return made out by me from the said Schedules and tha t the said Collective Return contains the full t rue and correct results of all the particulars contained in all the said Schedules to the best of my knowledge and

belief.

[Signature.]

Made and subscribed before me at

this day of 187

Jus t ice of the Peace

Or Commissioner of the Supreme Court

for taking Affidavits.