The New South Wales Census Act for 1861 No 2a (NSW)

No. V.

Census

( 1861). All Act for taking the Census in 1861. \2i)th

February, 1861.]

PreamWe. T^TH EK EA S it is expedient that an account of the Population be

taken in the year one thousand eight hundred, and sixty-one and on the same day in that year on which the like account is to be taken of the Population of Great Britain and Ireland 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 PTales in Parbament assembled and by the authority of the same as follows :—

T T

Tntei'pretation. 1. In the construction of this Act the word ‘‘ dwelling” shall

include all buildings and tenements or other erections whether perma­ nent 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 dciemed “ occupiers” for the purpose of filling up the Schedules herein mentioned for their whole respective estalolishments 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.

1861.	24° VIC.	No.	3325
Census (1861).

2 . A Census shall be taken in manner hereinafter directed of Census 7 April isei.

all persons in the Colony on the night of Sunday the seventh day of

April one thousand eight hundred and sixty-one.

3.   For tlie taking of such Census the Govei’nor with the a d v i c e Enumerators to be

of the Executive Council sliall 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 Enume­ rators respectively and such appointments and other particulars shall he notified in the Gazette.

4. The Enumerators shall subject to approval by the Governor Collectors to be

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

5. The Colonial Secretary shall have the care of superintending Forms and instmc-

the taking of such Census and shall cause to be prepared and printed	issued,
for tbe use of the persons to be employed in taking the same such Instructions as he shall deem necessary And the llegistrar General shall under the directions of such Colonial Secretary issue; all sucb Forms and Instructions to the ])ersons for whose use they shall be intended.

6 . Sch(;dules shall be prc])ared under the direction of the Soiicdnies to be pre­

Colonial Secretary for the purpose of being filled up by or on Itehalf to all persons abiding in the dwelling story or apartment occupied by him or her and shall sign his or her name thereunto and shall deliv^er the Schedule so filled up or cause the same to be delivered to the Enu­ merator or Collector when required so to do.

of the several occupiers of dwellings as hereinafter jtrovided with up by occupiers,

particulars of the name sex age religion education rank profession or

occupation condition relation to head of family and birth place of

every living person who abode in every dwelling on the night of th('

said seventh day of April one thousand eight liundred and sixty-one

and also whether any were blind or deaf and dumb And the Enume­

rators shall in the course of the week ending on Saturday the sixth

day of April one thousand eight hundred and sixty-one leav̂ e or cause

to be left at every dwelling within their respective Districts 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 u]) by the occu])ier of such dwelling

(or where such dwelling is let in different stories or apartments

and occupied distinclly by different persons or families then by the

occupier of each such distinct story or apartnnmt) and that; the Enu­

merator 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

7. The Colonial Secretary shall olitain by sucJi ways and means Account of houseless

as shall appear to him best adapted for tlie purpose lleturns of the particulars required by this Act with respect to all houseless jiersons and all persons who during the said night of Sunday the seventh day of April one thousand eight hundred and sixty-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 Ennmerators and such Returns shall be included in tbe Abstracts to be made as hereinafter enacted.

8. Every Collector shall on Monday the said eighth day of Coiieotors personally

April one thousand eight hundred and sixty-one or as soon thereafter

as practicable demand and receive the said Schedules at all dwellings t'K'ii- correctness,

within his Sub-district and shall satisfy himself by inspection of the

same that such Schedules arc correctly filled up or if not so in any

particular

3326	No. 5.	24'̂ VIC.	1861.
Census (1861).

particular sliall liimself by information' derived from tbe occupier make tlie same complete and correct and in either such case shall then and th('re countersign the said Schedules ivith his own name.

Collectors to deliver

all Schedules &c. to	9. Every Collector shall ■within seven days after all the Schedules within his Sub-district shall have been completed and received hy him deHver them to his Enumerator together with a declaration made and snhserihed hy himself in the form of the Schedule hereto marked A And any Enumerator may in the case of any defect or deficiem'v in anv Schedule so delivered require the Collector
Enumerator.

w t, 1

delivering the same to make further inquiries and to correct such

defect or supply such deficiency at his own cost.

Enumerators to	10. Every Enumerator shall within fourteen days after rec(uj)t lective Eeturn of all the several particulars therein respectively con­ tained and shall sign and transmit tlu' same to the llegistrar Greneral for tlie use of the Colonial Secretary together ivith all the said Schedules and the declai’ations aforesaid as received from the several Collectors and together also with a declaration made and suhscribed liy himself in the form of the Schedule hereto marked B.
Keturns for use of	from his Collectors of all such Schedules make out tlierefrom one Col­
('olonial Secretary.
Completion of	11. llie Colonial Secretary shall with all convenient speed pre­ pare or cause to he prepared Abstracts of tlie said lleturns in like form to that which may be determined on hy the Imperial Government for tabulating the Census of Great Britain or as nearly resembling sncli form as circumstances will admit And such Abstracts shall he printed and laid before both Houses of Parliament.
Census hy Colonial
Secretary.
Authorities to aid in
carrying Act into	12. The Inspector General of Police—-all Municipal Coundls— Justices of the Peace—Clerks of Petty Sessions—Gold Commissioners and District llegistrars of Births Marriages and Deaths within the Colony shall on every request in Avritiug from the llegistrar General supply him for the use of the Colonial Secretary with all information in their power respecting fit persons to be apjiointed Enumerators or Collectors as aforesaid together with such advice and assistance iipon any and every other point tending to the effectual carrying out of tlu' provisions of this Act as may he in their power.
effect.
compliance with
Penalty for non­	10. Any occupier or person in charge of any dwelling or dis­ tinct part of a dwelling who shall refuse or wilfully neglect to fill u}) to the best of his knowledge or information and belied the Schedule so left as aforesaid or to sign and deliver the same or shall refuse or wilfully neglect to ansAver or untruly ansAVer any necessary inquiry made by a Collector or wilfully make sign or deliver or cause to he made signed or delivered any false return or statement of any particu­ lar 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 five pounds.
Act.
Penalty for wilful
default of Collector.	14. Any Collector Avho shall fail to return to his Enumerator all the Schedules Avhich shall have been received hy him or shall AV'ilfully sign or deliver any untrue SchedAxlc or alter any Schedule except as aforesaid or shall otherwise AA'ilfully violate any proA’ision of this Act shall for every such offence he liable to a penalty not exceed­
ing tHe pounds. ^
How declaration to
be made and if false	15. Every declaration under this Act may he made and snh- scribed before any Justice of the Peace And any person Avilfully making and subscribing n false declaration shall forfeit a sum not exceeding five pounds.
how punished.
Penalty for failing

make Collective

to act after accepting 10. Any pei'son accepting the offi(;e of Enumerator or Collector

office.	under this Act and aftenvards refusing or neglecting to do anything
laAAdully required of him in virtue of such office unless preAmnted by
sickness or other unvoidable cause (in Avhieh case the Governor with the advice aforesaid may IbrtliAvith appoint another Enumerator or

the

1861. 24'’ VIC. No. 6. 3327

Criminal Trials.

the Enumerator may appoint another Collector approved as aforesaid)

shall be liable to a penalty not exceeding twenty pounds.

1 7 . All penalties under this Act may be recovered summarily iiecoverv of pcnai-

before any two Justices of the Peace.

18. This Act shall be styled and may be cited as “ The New f4hort title.

South Wales Census Act for 1861.”

SCHEDULE A.

I ■ .a Collector appointed under tlie “ Census Act for 18G1” do

solemnly declare tliat the Schedules numbered from to inclusive contained in the sealed packet to which this Declaration is attached arc all the Sclicdules under tin; .said Act which have been completed and received by me within the Sub-district to which 1, was appointed and that the whole contents of all the said Schedules are true to tlie best of my knowledge information and belief.

M.'ide and .subscribed before mo at ')

this day of 1S(! . j Justice nf the Peace.

SCHEDULE P.

I an Enumerator appointed for the District of

under the “ Census Act for 1861” do .solemnly declare that the sealed packet addressed to the Registrar Ceneral to which this Declaration is attached contains all the Schedules and Declarations transmitted to me by the [state here the tiumber o f Gollcctovs fo r his District] Collectors apjiointod by mo and also one Collective Return made out by me from the said Schedules and that the said Collective Return contains the full true and correct results of all the particulars contained in all the said Hchedules to the best of my knowledge and belief.

[Signature.]

Made and subscribed before mo at ]

this day of 186 .] .lustice of the Peace.