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CAP. XLVII.

Preamble.

W

cents,

Such coins as Her

An Act to provide for the introduction of the Decimal System into the Currency of this
Province, and otherwise to amend the laws relative to the Currency.

[ 30th August, 1851. ] HEREAS it is desirable to adopt a currency for this Province, which may

hereafter be advantageously made common to all the Provinces of British North America, as being simple and convenient in itself, and well calculated to facilitate their commercial intercourse with other parts of this continent: 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, and intituled, An Act

to re-unite the Provinces of Upper and Lower Canada, and for the Government of be kept airc dollars and Canada, and it is hereby enacted by the authority of the same, That so far and so soon

as may be found conveniently practicable, the Public Accounts of this Province, and the Accounts of all Public Departments and Officers, shall be kept in Dollars and decimal parts of a Dollar, the hundredth part to be called a Cent, and the thousandth part a Mill; and the Dollar or unit of account shall be equivalent to Five Shillings of the present currency, and the decimal parts thereof, to proportionate sums of the said currency; and all sums of money and accounts may be legally mentioned, described and stated either in Dollars and decimal parts of a Dollar, or in the present currency.

II. And be it enacted, That such Coins, representing Dollars or Multiples or Majesty shall cause to be struck for their divisions of Dollars, as Her Majesty shall see fit to direct to be struck for the purpose, purpose , to be a legal shall, by such names and at such rates as Her Majesty shall assign to them respectively,

pass current, and be a legal tender in this Province; the standard of fineness of the said Coins, when of silver or gold, being the same respectively as that now adopted for Coins of the United Kingdom, and the intrinsic value of the said Coins, when of gold bearing the same proportion to that of the British Sovereign as the sums for which they are respectively to pass current, shall bear to One Pound Four Shillings and Four Pence of the present currency, or to Four Dollars Eighty-six Cents and Two Thirds of a Cent, and the intrinsic value of such Coins, when of silver or copper, bearing the same proportion to their nominal or current value which the intrinsic value of British silver-or copper Coins respectively bears to their nominal or current value: Provided always, that such gold Coins shall be legal tender to any amount by tale so long as they shall not want more than two grains of the standard weight to be assigned to them respectively by Her Majesty, subject to the same deduction for want of weight as is now provided with regard to British gold Coins, and shall also be a legal tender to any amount by weight in sums not less than Two Hundred Dollars or Fifty Pounds of the

present currency, at the same rate and on the same conditions as are now provided Proviso.

with regard to British gold Coins; and provided also, that such silver Coins shall not be a legal tender to the amount of more than Ten Dollars or Two Pounds Ten Shillings of the present currency, in any one payment, nor such copper Coins to the amount of

more than Twenty Cents, or One Shilling currency, in any one payment. Governor may defray III. And be it enacted, That it shall be lawful for the Governor of this Province, the expense of obtaining and importing such out of any unappropriated moneys forming part of the Consolidated Revenue Fund

thereof, to defray the cost of obtaining and importing such quantity of the said Coins respectively, as the said Governor in Council shall from time to time think it for the

interest of the Province to obtain and import. Certain sections of 4 IV. And be it enacted, That all the provisions of the twelfth, thirteenth, fourteenth, & 5 V. c. 93, to apply fifteenth and sixteenth sections of the Act passed in the Session held in the fourth and to such coins.

fifth years of Her Majesty's Reign, and intituled, An Act to regulate the Currency of this Province, shall apply to the Coins hereinbefore mentioned as fully and effectually as to the Coins made or declared current by the said Act, and shall be construed and

Proviso.

coins.

rates,

have effect as if the Coins which will be current under this Act had been made or declared current by the said Act.

V. And be it enacted, That the several Coins lawfully current and a legal tender in Coins now carrent to this Province immediately before the time when this Act shall come into force, shall remain so at the same after such time continue to be current and to be a legal tender at the same rates, in the present currency, and for equivalent sums in Dollars and decimal parts of a Dollar, on the same conditions and to the same amounts in any one payment; and the provisions of the Act last above cited may be extended by Proclamation of the Governor, to other gold and silver Coins of the same nations, weights and denominations, but of later date, in like manner and on like conditions as before the coming into force of this Act; excepting always, that the silver Dollars and Half Dollars mentioned in the Exception as to corseventh section of the Act last above cited, or any silver Dollars and Half Dollars to tain ailver dollars and which the provisions of the said section may by any Act or Proclamation have been or be extended, shall not, after the coming into force of this Act, pass respectively for Five Shillings and One Penny of the present currency, and for Two Shillings and Six Pence Half Penny of the said currency, but each such Dollar shall pass and be a legal tender for One Dollar or Five Shillings of the said currency, and each such Half Dollar for Fifty Cents or Two Shillings and Six Pence of the said currency, and no

half dollars,

more.

in any

VI. And be it enacted, That the foregoing provisions of this Act shall come into When the foregoing force and effect, upon, from and after the day to be appointed for that purpose

provisions shall

tako

effect, Proclamation of the Governor of this Province, announcing that Her Majesty in Council has been pleased to approve and confirm this Act, and not before.

CAP. XLVIII.

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Preamble,
4 & 5 Vict. c. 93.

An Act to extend the provisions of the Currency Act to certain Gold and Silver Coins coined after the periods in the said Act limited.

[ 30th August, 1851. ] HEREAS it is expedient to extend the provisions of the Act passed in the Session

held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act to regulate the Currency of this Province, in the manner hereinafter mentioned: 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, and 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 the Eagle of the Gold coins of the U.S. United States of America, coined at or after the commencement of the year one thousand coined between the eight hundred and forty-one, and before the First day of July, one thousand eight 1841 and 1st July, hundred and fifty-one, and weighing ten penny-weights, eighteen grains troy, shall pass same rates as those and be a legal tender for Two Pounds Ten Shillings, Currency; and that the Gold coined between 1st Coins of the said United States coined between the periods last aforesaid, and being commencement of multiples or divisions of the Eagle aforesaid, and of proportionate weights, shall for proportionate sums pass current and be a legal tender by tale, on the same conditions and subject to the same deductions for want of weight, and shall also be a legal tender by weight under the same provisions and at the same rates as by the Fifth Section of the Act first above cited are provided with regard to Gold Coins of the United States aforesaid, coined before the commencement of the year one thousand eight hundred and forty-one, and on or after the First day of July, one thousand eight hundred and thirty-four.

II. And be it enacted, That the Silver Coins of the United States aforesaid, coined Silver coins of U. S. at or after the commencement of the year one thousand eight hundred and forty-one, coined before 1st July and before the First day of July, one thousand eight hundred and fifty-one, shall pass last, to pass at the

1841.

current

same rates as those coined before 1841.

and 4

current and be a legal tender by tale, at the same rates respectively, and on the same conditions as to weight or otherwise, as by the Seventh Section of the Act first above cited, are provided with regard to Silver Coins of the United States aforesaid, coined

before the year one thousand eight hundred and forty-one. Governor may extend III. And be it enacted, That the Governor of this Province may, by Proclamation, 5 Vict. c. 93, to coins extend all the provisions of the said Fourth and Fifth Sections of the Act first above

cited, to any Gold or Silver Coins of the said United States, coined on or after the First day of July, one thousand eight hundred and fifty-one, of the weights and denominations in the said Sections mentioned or referred to, which having been assayed at the Royal Mint, shall have been found equal in fineness to those in the said Sections mentioned and referred to respectively.

of later date,

Preamble.

WH

shall be taken,

CAP. XLIX.
An Act to provide more effectually for taking the Periodical Census of the Province.

[ 30th August, 1851.] HEREAS it is expedient that the Census of this Province should be taken in

the year one thousand eight hundred and fifty-two, then in the year one thousand eight hundred and sixty-one, and thereafter in every tenth year, and that better provision should be made for taking the said Census: 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, and intituled, An Act to re-unite the Provinces

of Upper and Lower Canada, and for the Government of Canada, and it is hereby Certain sections of 10 enacted by the authority of the same, That the fifth, sixth, seventh, eighth, ninth, tenth, and 11. V. c. 14, &c. eleventh, twelfth, thirteenth, fourteenth and fifteenth sections of the Act passed in the repealed.

Session held in the tenth and eleventh years of Her Majesty's Reign, and intituled, An Act for taking the Census of this Province, and obtaining Statistical information therein, and all other provisions of Law inconsistent with this Act, shall be and are

hereby repealed. When the Census II. And be it enacted, That the Census of this Province shall be taken, and the other

statistical information hereinafter mentioned shall be obtained, in the month of January, one thousand eight hundred and fifty-two, and in the same month in the year one thousand eight hundred and sixty-one, and so in every tenth year thereafter.

III. And be it enacted, That the said Census shall be taken under the superintendence under superinten

of the Board of Registration and Statistics, which shall from time to time frame Registration and Sta- instructious for the guidance of the persons employed in taking the same, and forms to tistics, &c.

be used by them, and shall cause such instructions and forms to be printed and distributed

in such numbers as may be requisite for the purposes of this Act. What statistical infor

IV. And be it enacted, That the instructions and forms aforesaid may extend to all mation may be re- the heads of statistical information included in the Schedule to the Census Act passed quired.

in the Session held in the fourth and fifth years of Her Majesty's Reign, and repealed by the Act herein first above cited, and to such other or further statistical information as the said Board may deem of public interest and importance.

V. And be it enacted, That it shall be lawful for the Governor to appoint a Census appointed.

Commissioner to act in and for each County of this Province, exclusive of any City in such County, and of any incorporated Town therein containing by the then last Census five thousand souls or upwards, and a Census Commissioner to act in and for each City

and each such incorporated Town as aforesaid. Census Officers to ap- VI. And be it enacted, That the Census Commissioner for each such locality as point Enumerators.

aforesaid, shall appoint one or more Enumerators to act in Upper Canada in and for each Township Municipality therein (whether composed of one Township or of more than one), and in Lower Canada, in and for each Parish, extra-parochial place or

Township,

Census to be taken

dence of Board of

Census Officers to be

Proviso.

Township, and in and for each Ward of any City or incorporated Town, in both sections of the Province, and may divide any such Municipality, Parish, extra-parochial place or Ward into two or more Enumeration Districts, and appoint one or more Enumerators for each, whenever he shall deem it expedient: Provided always, that every Penitentiary, Gaol or House of Correction, Public Hospital or Lunatic Asylum, to be named for the purpose by the Board of Registration and Statistics, shall be a separate Enumeration District, in and for which the Warden, Gaoler, Keeper, or other person having charge thereof, shall be the Enumerator by virtue of his office.

VII. And be it enacted, That the said Enumerators shall act under the immediate Enumerators to be in. instructions and directions of the Census Commissioner over the County, City or Town structed by Census within which they are respectively to act, and it shall be the duty of each Census under them, &c. Commissioner to instruct each Enumerator under him, and to see that he perfectly understands the duties he is to perform under this Act, and to furnish him with the proper forms; and also to cause public notice to be given of the taking of the said Census, and of the information which all persons are required to give to the said Enumerators, and the manner and time in and at which the same is to be given, and the penalties to be incurred for refusing or neglecting to give it.

VIII. And be it enacted, That on the second Monday in January, one thousand Duty of Enumerators eight hundred and fifty-two, and on the second Monday in January in every year in taking the Census. thereafter in which the Census is to be taken, and upon such number of days next after each such Monday as may be necessary, every Enumerator shall, under the instructions of the Census Commissioner under whom he is to act, visit every house in his Enumeration District, and shall diligently and faithfully take an accouut in writing of the name, sex, age and occupation, of every living person who abode therein on the night of the Sunday next preceding such Monday, and shall also ascertain who of such persons are transient passengers, having their permanent residence elsewhere, and whether such residence is in Lower Canada or in Upper Canada, or out of this Province, (and the name, sex, age and occupation of every person usually a resident therein, but then casually absent, distinguishing such persons from others), and shall also collect and take an account of all such further information as shall be required by his instructions; and having entered such account in writing, in the form furnished Return to be made to him for that purpose, the Enumerator shall then, before some Justice of the Peace, Census Officer. make and sign a solemn declaration, (to be printed at the foot of the proper form) that he has faithfully and diligently taken the said account, and obeyed the instructions he has received touching the same, and that to the best of his belief the same is correct as far as may be known; and shall on or before the fifteenth day of February, deliver the same to the Census Commissioner under whom he acts.

IX. And be it enacted, That every Census Commissioner shall immediately on Duty of Census Officer receiving the said Accounts carefully examine the same, in order to ascertain whether on receiving such rethe instructions given to the Enumerators have been punctually complied with, and if not, he shall cause any defect or inaccuracy therein to be supplied as far as may be possible; and if any Enumerator shall not take or deliver his account to the proper Census Commissioner within the time hereby prescribed, it shall be the duty of such Census Commissioner to cause the same to be forthwith taken and delivered to him.

X. And be it enacted, That so soon as any Census Commissioner shall have received Return to be made by all the Accounts of the Enumerators acting under him, and shall have examined the Census Officer to the same, and satisfied himself that they have been made as accurate as possible, he shall and Statistics. sign a Certificate, to be printed on each, to that effect, and shall deliver them to the Board of Registration and Statistics; and the said Board shall examine the same, and Duty of the Board on shall cause any defects or inaccuracies they may discover therein to be corrected as far receiving the same. as possible, and shall then make such abstracts thereof, and compile such tables therefrom as the Governor in Council shall direct; and such abstracts and tables shall be laid before the Provincial Parliament at its then next session; such of them as the Governor in Council shall think proper being published in the meantime for the information of the public.

turns.

Enumerators in cer

Schedules to be left

or fur false returns,

XI. And be it enacted, That each Enumerator in the Cities and incorporated Towns, nished with printed taien Places be cars and in such other localities as the Board of Registration and Statistics shall think

proper, shall be supplied with printed Schedules for the purpose of being left by such at each bouse, &c,

Enumerator for the occupant of each house, or of any story, apartment or portion thereof in his District, and filled up by such occupant; and it shall be the duty of each Enumerator receiving such Schedules to leave one copy or more thereof at each house, in his Enumeration District, in the course of the week ending on the Saturday next before the Second Monday in January; and upon each such Schedule there shall be a notice that such Schedule is to be filled up and signed by the occupant of such house, or by the occupant of any distinct story, apartment or portion thereof, where the house is let in different stories, apartments or portions, and occupied distinctly by different

families or persons, and that the Enumerator will call for the same on the Monday Occupants of houses, then next following; and every occupant of any house or of any distinct story, &c., bound to fill up Schedules.

apartment or portion thereof, with or for whom any such Schedule shall be left as aforesaid, shall fill up the same to the best of his or her knowledge or belief, and sign the same, so far as relates to all persons dwelling in the house, story or apartment occupied by him or her, and shall deliver the same to the Enumerator when required by him so to do, or in his or her absence some other member of the family, if any

of Penalty for neglect them be capable of so doing, shall fill up and sign and deliver the same to him; and

every such occupant who shall wilfully or without lawful excuse refuse or neglect to fill up such Schedule to the best of his or her knowledge and belief, or to sign and deliver the same as aforesaid when required, or who shall wilfully make, sign, or deliver, or cause to be made, signed or delivered, any false return of all or any of the matters specified in any such Schedule, shall thereby incur a penalty of not less than

Two nor more than Five Pounds. Enumerators to col- XII. And be it enacted, That the said Enumerators shall collect the said Schedules, lect such Schedules,

each in his own District, from house to house, on the Second Monday in January, or so soon as possible thereafter, and shall, on receiving the same, examine them to see that they are properly filled up and signed, and if they shall, either at that time or thereafter, believe any such Schedule to be erroneous or defective, shall forthwith proceed to complete or correct the same, for which purpose they shall have the same power to make all necessary inquiries as if no such Schedules had been made or left as aforesaid; and when they are so completed or corrected, they shall copy the information therein contained into the Account to be by them taken as aforesaid, and shall add thereto the accounts they may have taken and the information they may have collected, of persons and things not returned in such Schedules, which they shall deliver, with their said Accounts, to the proper Census Commissioner, who shall deliver them, with

his return, to the Board of Registration and Statistics. Power of Enumerators

XIII. And be it enacted, That the said Enumerators shall be and are hereby to ask questions relative to the informa- authorized to ask of all persons all questions which shall be necessary to enable them tion required.

to take the accounts and obtain the information aforesaid, and which they shall be authorized to ask by any instructions to be issued by the said Board of Registration

and Statistics; and shall also have free access to all Assessment Rolls and other Penalty for refusing

documents containing statistical information; and any person who shall refuse or ing falsely

neglect to answer, or shall wilfully answer falsely any such question, shall for every such refusal or neglect incur a penalty of not less than Twenty Shillings nor more than Five Pounds in the discretion of the Magistrate before whom the same shall be sued for; and the provisions of this section shall not be limited to the time within which the said accounts are to be taken as aforesaid, but shall extend to any questions which it may at any time become requisite to ask in order to correct or supply any supposed

error or defect in such Accounts. Recovery and appli- XIV. And be it enacted, That the penalties hereinbefore imposed may be recovered cation of penalties.

in a summary manner at the suit of any Enumerator, before any one Justice of the Peace having jurisdiction in the place where the offence shall have been committed, on the oath of the Enumerator or any other credible witness, and if the penalty and the

costs

and cause them to be corrected if defective.

Schedules to be de. livered to Census Officers.

to answer, or answer

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