So much of the 33J.

Geo. III. as relate: to

the taking a complete

list of every male and

female by town clerk,

&c. repealed.

Assessors to take a correct list of the in

&c. for which they are

appointed.

Same,-That from and after the passing of this Act, so much of the second clause of an Act passed in the thirty-third year of His Late Majesty's Reign, entitled, "An Act to Provide for the Nomination and Appointment of Parish and Town Officers within this Province," as relates to the taking a True and Complete List of every Male and Female Inhabitant, by the Town Clerk, within the limits of his Parish, Town, or Township, and returning the same to the Justices in General Quarter Sessions assembled, in the month of April, be, and the same is hereby repealed.

II. And be it further Enacted by the authority aforesaid, That babitants of the parish from and after the passing of this Act, it shall be the duty of the Assessors chosen or appointed for any Parish, Township, place or places, in this Province, to take a True and Correct List of all the Inhabitants of the Parish, Township, reputed Township, place or places, for which they may be chosen or appointed; which List shall be in the following form :—

To the following form.

NAMES OF
HEADS OF
FAMILIES.

NUMBER IN EACH FAMILY.

Males, Females, Males, Females, under 16. under 16. above 16. above 16.

TOTAL.

a correct list of per

fam ly and their ages,

Assessors to demand And it shall and may be lawful for the Assessors, or one of them, sons e mposing each and they are hereby required to demand from every Inhabitant, Householder, or Head of a Family, at the usual place of residence of such Householder or Head of a Family, a true and correct List

including persous emtherein.

ployed or resident

of the number of persons composing such family, male and female,
and their respective ages, including therein all persons employed
by, or resident with, such Householder or Head of a Family; and
if such Inhabitant, Householder, or Head of a Family, shall refuse
to give in a true and correct List, or shall neglect to do so for ten
days after the same shall have been demanded, as aforesaid, he or shillings.
she shall, for every such refusal or neglect, forfeit and pay a fine
of Forty Shillings.

And in case of ras fusal shall forfeit forty

Assessors shall sub scribe such ist, and

deliver the same to

the Clerk of the Peace before 1st of April in

each year;

And shall make oath as to the correctness

III. And be it further Enacted by the authority aforesaid, That the said Assessors shall severally subscribe such List, to be taken by them, and shall deliver the same to the Clerk of the Peace for the District in which they may reside, on or before the first day of April in each and every year; and at the same time, they, or one of them, shall make oath before the Clerk of the Peace, (which oath he is hereby authorised to administer,) that such List hath been of such list. faithfully taken by attendance at the usual place of residence of the several householders, or heads of families therein named, and contains a true and correct statement of the number of inhabitants in the township, place, or places for which the same shall have been taken, according to the best of his or their knowledge and belief.

Town Clerk to nge tify to persons chosen as Assessors their ba

IV. And be it further Enacted by the authority aforesaid, That it shall be the duty of the Town Clerk in each and every town or ing so chosen. township in this Province, within ten days after the holding of the town-meeting, for such town, township, or place, to notify the persons chosen at such town-meeting as Assessors, by leaving a notice in writing at their usual place or places of residence, or by personally acquainting them thereof, of their having been so chosen ; and to require of such persons immediately to take the oath prescribed for parish and town officers; and further, it shall be the duty of the Town Clerk to transmit to the Clerk of the Peace, within twen

M

And to require them scribed for parish and

to take the oath pre

town officers.

Town Clerk to trans

mit to Clerk of the ty days after the holding of the Town Meeting, the names and

Peace, na nes and

descriptions of Assess

ors chosen, with affi

davit that he had no tified them of their election.

And in case of ne

descriptions of the

persons

who

may

have been chosen Assessors

at such Town Meeting, accompanied by affidavit that he hath duly notified them of their election or appointment as Assessors, as reglect shall forfeit £3. quired by this Act; and if such Town Clerk shall neglect, or refuse so to notify the Assessors, and to acquaint the Clerk of the Peace of the names and descriptions of such Assessors, he shall pay a fine of Three Pounds.

If Assessors neglect the duties imposed upen them, Clerk of the

as

Prace to summons them to answer berein directed;

And if they do not

to

V. And be it further Enacted by the authority aforesaid, Thatif any Assessor or Assessors shall neglect to perform the duties hereby imposed upon him or them, it shall be the duty of the Clerk of the Peace to cause such Assessor or Assessors to be summoned by any one of His Majesty's Justices of the Peace, to appear at the next General Quarter Sessions of the Peace, or before any two Justices of the Peace to answer for such neglect or refusal; and if such Assessor or Assessors shall be convicted before the said Court or Justices of such neglect or refusal, or shall not appear before such Court or Justices, in obedience to such summons, due proof of the service thereof being first made, the Court, or Justices, shall imhim or them, not exceeding Ten Pounds, nor less pose a fine upon tained, to authorise than Five Pounds:―Provided nevertheless, That nothing herein contained, shall be construed to authorise the said Court or Justices

appear, Justices Impose a fine

not

more than £10, nor

loss than £5.

Nothing herein con

Justices to fine upon

any one Assessor from goods &c. of another

In case of neglect

or refusal of Assessor

to levy the fine imposed upon any one Assessor from the goods or chattels of the other.

VI. And be it further Enacted by the authority aforesaid, That in case no As-essors in case of the neglect or refusal of the Assessor or Assessors, chosen

to discharge duties, or

chosen, or in case of

General Quarter Ses

sions to appoint two their duties;

persons to perform

death, &c. Justices of and appointed at the Town Meeting, to discharge the duty hereby imposed upon him; or in case no Assessors are chosen and appointed at the Town Meeting, or in case of the death, removal, or sickness of any Assessor or Assessors, it shall be lawful for the

And the Clerk of the Peace to noti y them of appointment,

and they shall be lia ble to be proceeded against, for neglecting

to take oath;

Justices assembled at the said Court of General Quarter Sessions, or any adjourned or Special Session, to appoint two fit and discreet persons to perform the duties of Assessors; and the Clerk of the Peace shall forthwith notify them, respectively, of their appoint ment, and such persons so appointed, or either of them, shall be liable to be proceeded against, at any adjourned meeting of the said Court, or before any two Justices of the Peace, for neglecting to take the oath of Assessor for the space of ten days after a notice of appointment shall have been served; or for any neglect or refusal to perform the duty by this Act required to be performed by Asses- be liable to same fine sors, and shall be liable, upon conviction, on the oath of one or more credible witness or witnesses, to a like fine as is hereby prescribed respecting the Assessor or Assessors, chosen at the Town Meeting; and the Court, or Justices, before whom any con-viction shall take place under this Act, shall continue to appoint ors, and to punish for another or other Assessor or Assessors, and to punish the same for neglect or refusal to act as such in the manner pointed out by this Act, until the duties hereby required, shall be performed.

Or neglecting to perform duties shall as prescribed respecting Assessors chosen at Town Meetings.

Certain Justices to appoint other Assessneglect &c. in manner“

Act.

Clerk of the Peace to make General Re

turn of population, Office of the Lieat.

and transmit it to the

Governor;

VII. And be it further Enacted by the authority aforesaid, That it shall be the duty of the Clerk of the Peace to make out a General Return of the population of his district, from the several returns which he may receive from the Assessors, and to transmit the same to the Office of the Governor, Lieutenant Governor, or Person administering the Government of this Province, for the time being, on or before the first day of June, in each and every year; and if such General Return shall not contain the whole population of his district, he shall send in a return of such townships or pla- ply that deficiency as ces as may be deficient, as soon as practicable after he shall be enabled so to do, by the Assessor or Assessors of such townshipsor places,

And in case Return be deficient, shall sup

soon as practicable.

Fees to be taken by Clerk of the Peace,

Clerk.

VIII. And be it further Enacted by the authority aforesaid, That Assessors, and Town the Clerk of the Peace, Assessors, and Town Clerk, shall be entitled, for the duties by this Act imposed upon them, to demand and receive from the Treasurer of the district, from, and out of any monies in his hands for the public uses of the district, the sums following; that is to say:

Provided that they

shall not receive any

filed and certificate

produced.

The Clerk of the Peace, for each return, One Pound.

The Assessor, Three Pounds for every Hundred Pounds upon the Assessment Roll, in addition to the remuneration now anorded by Law.

The Town Clerk, Five Shillings for each Notification.

Provided nevertheless, that the Assessor or Assessors of, or for any reward until return town, township, or place, shall not receive any fee or reward whatever for the performance of any duty, as Assessor or Assessors, until the return of the population in this Act required. shall have been filed in the Office of the Clerk of the Peace, and a certificate thereof produced to the Treasurer, any law to the contrary notwithstanding.

Fines and forfeitures with costs of convic

as herein directed,

IX. And be it further Enacted by the authority aforesaid, That tion to be recovered the fines and forfeitures imposed by this Act, except as is herein otherwise provided for, together with costs of conviction, shall and may be recovered before any two or more of His Majesty's Justices of the Peace, on the oath of one or more credible witness or witnesses, or by the confession of the party, and shall and be levied may by distress and sale of the goods and chattels of the person or persons convicted, under and by virtue of a warrant for that purpose issued by the Justices, or any two of them, before whom, he or they may have been convicted; one half of which fines shall be paid haff into the hands of to the informer, or person who shall sue for the same, and the other half into the hands of the Treasurer, for the public uses of the district.

And half paid to former. and other

the Treasurer for the uses of the District.

CHAP.