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Parish of Montreal alone, it shall be lawful for the Court to order that the Jury be so ties b? sum

n one! from summoned, and they shall be so summoned accordingly.

the parish of Quebec or of

Montreal, XLI. And be it enacted, That so much of the twentieth section of the said Ordinance alor.e. as enacts that Jurors serving on Special Juries as aforesaid, and struck from the first Allowance to list or Jury Book, shall have and receive two shillings and six pence each, for every rors for huir verdict to be made and delivered, and before returned into Court, and Jurors struck verelict : pirt from the second list or Jury Book, one shilling each for every verdict in manner afore- Ordinanco said, shall be and the same is hereby repealed; and that, from and after the passing of repealed. this Act, each and every Juror summoned to give his verdict in any Civil matter shall have and receive the sum of five shillings currency, before giving such verdict in Court.

XLII. And be it enacted, That every Sheriff who shall wilfully or negligently offend Penalties on against any of the provisions of this Act shall

, for the first offence, incur a penalty not travening this exceeding fifteen pounds currency, nor less than ten pounds currency, and, for the Ach second offence, a penalty not exceeding twenty pounds currency, nor less than fifteen pounds currency; and, for the third or any subsequent offence, a penalty not exceeding seventy pounds currency, nor less than thirty pounds currency.

XLIII. And be it enacted, That every person summoned to serve as a Juror under Penalty for the authority of this Act, who shall refuse or neglect to serve as such without assigning when sum. some lawful cause or excuse therefor, shall incur a penalty not exceeding five pounds wned as a currency, which shall be levied on a rule or order of the said Court by the Sheriff on the goods and chattels of such person, and in default thereof by imprisonment for such time not exceeding fifteen days, as the said Court may direct, with power to reduce or mitigate the said penalty or imprisonment upon good cause shewn to the said Court.

XLIV. And be it enacted, That every person who shall refuse to furnish to the per- Penalty on sons employed to make the lists of Jurors required by this Act, the information ne sing informa. ; cessary for making the same, shall incur a penalty of not less than five shillings nor exceeding twenty shillings currency, to be recovered with costs in a summary manner by complaint before one Justice of the Peace. XLV. And be it enacted, That the penalties hereby imposed shall be sued for within Penaltica how

recovered. six months next after the offence committed, and not asterwards; and where no other mode of recovering them is herein provided, shall be recovered, with costs, by suit in any Court having Civil Jurisdiction to the amount of the penalty, in the District within which the offence shall have been committed ; and that every such penalty shal! be Costs given. levied with costs in the ordinary course of law : Provided always, that if any action, to vexatious brought under this Act against the Sheriff, shall be declared by the judgment to be un- suits against a founded and vexatious, the Sheriff who shall be discharged theretrom shall be entitled to and shall recover full costs.


XLVI. And be it enacted, That one moiety of the penalties hereby imposed shall be- Penalties how long to Her Majesty, and be paid into the hands of the Receiver General, for the public uses of the Province, and make part of the Consolidated Revenue Fund thereof, and that the other moiety shall belong to and be paid io the person who shall sue for the penalty.


Accounting clauso.

XLVII. And be it enacted, That the due application of all public monies expended under this Act shall be accounted for to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall direct.

XLVIII. And be it enacted, That nothing herein contained shall be construed to consistist Act repeal any Act, Ordinance or provision of law, not hereby expressly repealed and not

inconsistent with or repugnant to the provisions of this Act.

Laws not in

to remain in force.


Law Printer to the Queen's Most Excellent Majesty.

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An Act for taking the Census of this Province, and obtaining Statistical
Information therein.

[ 28th July, 1847. ]
HEREAS it is expedient to make more effectual provision for taking a Perio- Preamble.

dical Census and Enumeration of the Inhabitants of this Province, and for obtaining other Statistical Information hereinafter mentioned; as also to provide for the Registration of Births, Marriages and Deaths within that portion of this Province called Upper Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That from and after the passing of this Act, the Act passed in the Session held in the fourth and fifth years of the Reign of Her present Majesty, intituled, An Act to repeal certain parts of an Act therein mentioned, and to provide for taking a Periodical Census of the Inhabitants of this Province, and for obtaining the other Statistical Information therein mentioned; as also the forty-fifth and so much 45th and part of the fifteenth Sections of an Act of the Legislature of the late Province of Upper Act of U.C. Canada, passed in the first year of the Reign of Her Majesty Queen Victoria, intituled, i Vict. c. 21. An Act to alter and amend sundry Acts regulating the appointment and duties of Township Officers, as relates to the manner and form of taking the Census; and also so And other much of any Act or Law as may be inconsistent with or repugnant to the provisions of tent with this this Act, shall be and the same are hereby repealed.

Act repealed.

II. And be it enacted, That the Receiver General, the Secretary of the Province and Board of Rethe Inspector General shall constitute and be a Board of Registration and Statistics; gistration and and it shall be the duty of the said Board to prepare and cause to be printed and circu- stituted. lated as hereinafter provided, all such forms and schedules as to them shall seem best adapted for the purposes of this Act, and also such instructions as they sball deem necessary for the use and guidance of the several persons who shall be appointed to take the Census or Enumeration hereinafter provided for.

III. And be it enacted, That the said Board shall have the general supervision of Duties of the the Statistics of the Province, and shall cause to be prepared annually, and laid before



the Legislature, a general Report of the Statistics of the Province, in such form as to them may seem fit, which said Report shall contain all such information relative to the Trade, Manufactures, Agriculture and Population of the Province as they may be able

to obtain. Governor Ge. IV. And be it enacted, That the Governor may appoint a Secretary to the said neral to appoint a Sucre Board, or assign the duties of that office to any clerk in any one of the offices the tary to the

heads of which constitute the Board. Board. Peri ds at V. And be it enacted, That the first General Census under this Act shall be taken in which the census shall

the months of February and March, one thousand eight hundred and forty-eight, and a be taken.

like General Census in the same months, in the year one thousand eight hundred and
fifiy, and also in the same months in every



The several
&c, to be di.
vided inw con-
venient Enu.


This Act not to inake

void the ap

VI. And be it enacted, That it shall be the duty of the several District Councils in and Parishes, Upper Canada, and of the Municipal Councils in Lower Canada, to set off and appor

tion each Township or Parish in their respective Districts or Counties into Enumera

tion Divisions, and to appoint one or more fit and proper persons as an Enumerator or moration Divi- Enumerators in each division so set off: Provided always, that nothing in this Act conLocal Autho- tained shall be construed to annul or make void the appointment and employment as

Enumerators in any District, County, City, Town or Village of any person or persons who may now by any law in force be the proper Officer or Officers for taking the

Census. pointment of

VII. And be it enacted, That for the purposes of this Act, the divisions of Cities

and Incorporated Towns (if any) as adopted for Municipal purposes, shall be the Enuporated Towns meration divisions of such Cities or Incorporated Towns, and it shall be the duly of the a lopted as Conncils of Cities and Towns and the Boards of Police of Incorporated Towns, and Enumeration

the Councils of Villages in Lower Canada, to appoint fit and proper persons as Enu

merators therein : Provided always, that nothing herein shall be held to prevent such powers of the

Councils and Boards of Police from adopting the most efficient means of procuring the required returns ; nor shall it be incumbent on them unless they see fit, to appoint more than one Enumerator for any such City or Corporate Town or Village, or for any number of Divisions therein.

Census officers, Municipal Divisions of Cities and incor

Proviso as to

local authori. ties.

Enumerators ho!v paid.

VIII. And be it enacted, That it shall and may be lawful for the several District or Municipal Councils, the Councils of Cities and Towns, and the Boards of Police of Incorporated Towns and Councils of Villages, to apportion such sum or sums of money from the General Revenues of such District, County, City, Town or Village as they shall deem sufficient for remuneration to the persons appointed to take the Census in the several Enumeration Divisions if they shall think fit so to do.

Duties of

IX. And be it enacted, That the several persons so appointed Enumerators as aforesaid, shall visit every house within such Enumeration Division or Divisions as shall be assigned to them respectively, and take an account in writing, according to the forms to be provided for that purpose by the Board aforesaid, of the number of persons dwelling therein, and of the age and occupation of all such persons, and also, of the number of inhabited houses and of uninhabited houses within such division, and of every particular, matter and thing which may be specified in the forms or schedules to be provided for

that purpose.


X. And in order to enable such Enumerators more effectually to take the said ac- Powers of counts: Be it enacted, That the said Enumerators may demand from the head of every in obtaining family residing within their respective divisions, or from any member of such family information. being more than twenty-one years of age, and from the owners or managers of all factories, agents of companies and others, true answers to all such questions as shall be necessary for the purpose of taking such accounts.

XI. And be it enacted, That any head of a family or member thereof being twenty- Penalty for one years of age, any owner or manager of a factory, or any agent of any company, or refusal to ару other person, who shall refuse to answer, or who shall wilfully give a false answer false answer to any such questions as aforesaid ; and any person who shall in any way wilfully ob- or obstructing struct any Enumerator or Enumerators in the execution of the duties required of them tor. by this Act, shall, for every such refusal, false answer or wilful obstruction, on conviction thereof before any two Justices of the Peace for the District, City or Town in which such person shall reside, incur a penalty of not less than ten shillings nor more than fifty shillings currency, and costs, to be taxed by such Justices; and if such penalty Mode of levy. and costs be not forth with paid, the same shall be levied by distress and sale of the ing such penalgoods and chattels of the offender, under the warrant of such Justices or either of them, or in default of such goods and chattels the offender may be committed by such Justices to the Common Gaol of the District, for any period not exceeding seven days; and Appropriation one half of the said penalty shall belong to the informer and the other shall be paid to

of penalty. the Treasurer of the District, Municipality, City, Town or Village, as the case may be, and shall form part of the funds thereof, and shall be applied towards the payment of the expenses of taking the Census.

XII. And be it enacted, That the said Enumerators respectively shall sign and Enumerators certify their returns, and make oath or solemn_affirmation before any Justice of the to testify on

oath to returns; Peace within their District, Municipality, City, Town, or Village, to the effect that the same have been truly and faithfully taken by them, and that the same are correct so far as they can ascertain, and shall lodge the same in the Office of the Clerk of the Peace And lodge the of the District or City, Village or Town Clerk or Clerk of the Municipality within one District of month next after the account shall have been so taken.

County Clerk. XIII. And be it enacted, That any Enumerator so appointed as aforesaid who shall Enumerators wilfully neglect to make any return by this Act required, or shall wilfully make a false making a false return, shall be guilty of a misdemeanor, and on conviction thereof shall be liable to guilty of a mispunishment by fine, not exceeding twenty-five pounds, or by imprisonment in the Common Gaol or Prison of the District for any period not exceeding three calendar months, or by both, in the discretion of the Court before whom the conviction shall be had; Proviso as to Provided always, that any Enumerator who shall wilfully make a false return of such wilfully false Census upon oath or solemn affirmation as aforesaid, shall, upon conviction thereof, be path. liable to all the pains and penalties of wilful and corrupt perjury.

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demeanor. Fine limited.

returns under

XIV. And be it enacted, 'That it shall be the duty of the Clerk of the Peace of each Clerk of the District, or Clerk of each City or Town Council or Board of Police, or of the Munici- peace or of the pality or Village, to examine the returns sent to him by the Enumerators, and to cause make abstracts any defect or inaccuracy that may be discovered therein to be supplied or corrected as ihem to the far as may be possible; and to make therefrom an abstract in such form as shall be Board. required by the Board aforesaid, and to transmit triplicate copies of such abstract to the said Board within one month next after his receipt of such returns, and copies thereof


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