Content associated with: Report, Ireland, 1841    Page 1

An Act for taking an Account of the Population of Ireland.

[10 August 1840]

3 & 4 Vict. c.100

55 G. 3. c.120


3 G.4 c.5


1 W 4. c.19


Recited Acts repealed.
WHEREAS by an Act passed in the Fifty-fifth Year of King George the Third, intituled An Act to provide for the taking an Account of the Population of Ireland, and for the ascertaining the Increase or Diminution thereof; and by an Act passed in the Third Year of the Reign of King George the Fourth, intituled An Act to repeal so much of an Act made in the Fifty-fifth Year of the Reign of His late Majesty, for taking an Account of the Population of Ireland, as relates to certain Expences to be incurred under the said Act; an by an Act passed in the First Year of the Reign of His late Majesty King William the Fourth, intituled An Act to extend the Provisions of an Act of the Fifty-fifth Year of the Reign of King George the Third, to provide for the taking an Account of the Population of Ireland, and for ascertaining the Increase or Diminution thereof; certain Provisions were made respecting the Manner in which such Account should be taken: And whereas it is expedient that an Account should now be taken of the Population of Ireland in a different Manner: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said several Acts shall be and the same are hereby repealed.
By whom the Account shall be taken. II. And be it enacted, That such Officers and Men of the Police Force of Dublin Metropolis, and of the Constabulary Force, as the Lord Lieutenant or other Chief Governor or Governors of Ireland shall direct, together with such other competent Persons as the said Lord Lieutenant or other Chief Governor or Governors shall appoint to assist therein, shall, upon such Day, or if it be found necessary, such One or more consecutive Days, in the Month of July in the Year One thousand eight hundred and forty-one, as the said Lord Lieutenant or other Chief Governor or Governors shall fix, severally visit every House within such Districts as may be assigned to them respectively, and take an Account, in Writing, according to such Instructions as may be given to them by the Chief or Under Secretary to the said Lord Lieutenant or other Chief Governor or Governors, of the Number of Persons dwelling therein, and of the Sex, Age, and Occupation of all such Persons, distinguishing the Persons born in the Place or Parish, and County in which they shall be then dwelling; and shall also take an Account of the Number of inhabited Houses and of uninhabited Houses, and of Houses then building, within such Districts respectively; and shall also distinguish those Parishes and Places, or Parts of Parishes and Places, within each District respectively, which are within the Limits of any City or Borough returning a Member or Members to serve in Parliament; and shall also take an Account of all such further Particulars as by such Instructions they may be directed to inquire into; such Particulars and Instructions having no Reference to the Religion of any Person or Persons.
Forms, &c. to be furnished for their Use. III And for the more effectual obtaining of such Accounts, be it enacted, That the said Chief or Under Secretary shall prepare and cause to be printed such Forms and Instructions for the Use of the several Persons who shall be appointed as aforesaid to take or certify the said Accounts as he shall deem necessary.
Power to make the Enquiry. IV. And be it enacted, That the better to enable such Persons to take the said Accounts they are hereby authorized and empowered to ask all such Questions of all Persons within their respective Districts, respecting themselves or the Persons constituting their respective Families, as shall be directed by their said Instructions, or shall be necessary for the Purpose of taking the said Accounts.
Penalty for refusing to answer, or for giving false Answers. V. And be it enacted, That every Person refusing to answer or wilfully giving a false Answer to any such Questions, and every Person in any way wilfully obstructing such Persons in the Execution of the Duties required of them under this Act, shall for every such Refusal, false Answer, or wilful Obstruction, on Proof thereof being made before any Two Justices of the Peace of the County in which such Persons shall reside, on the Testimony of One or more credible Witnesses, forfeit a Sum not exceeding Five Pounds, at the Discretion of the said Justices before whom such Complaint shall be so made.
Penalty on Persons employed if guilty of wilful Default or Neglect. VI. And be it enacted, That every Member of the said Police or Constabulary Forces, or other Person, who shall be so appointed to take the said Accounts or to assist therein, who shall make any wilful Neglect, Default, or Falsification in any Matters relating to the said Accounts, shall for every such Neglect, Default, or Falsification, on Proof thereof being made before any Two Justices of the Peace of the County in which he shall so act, on the Testimony of One or more credible Witnesses, forfeit a Sum not exceeding Five Pounds nor less than Forty Shillings, at the Discretion of the said Justices before whom such Complaint shall be so made.
Penalties how to be recovered and applied.

1 & 2 Vict. c.99.
VII. And be it enacted, That the Amount of such several Forfeitures which may be received under this Act shall, if not immediately paid, be levied by Warrant under the Hands and Seals of any Two Justices of the Peace of the County, addressed to One or more Sub-Inspectors of Constabulary of the County, in such Manner as is directed by a certain Act passed in the First and Second Years of the Reign of Her present Majesty, intituled An Act for the more effectual levying of Fines, Penalties, Issues, Deodands, and Amerciaments, and of forfeited Recognizances estreated, in Ireland, and for the Application and Distribution thereof; and that the Amount of such Forfeitures, when so paid or levied, shall be forthwith remitted to the Paymaster of Civil Services in Ireland, and be by him paid, one Half to the Informer, and the other Half to the Credit of and to be appropriated in the same Manner as the Surplus Fund under the said Act.
The Persons taking the Accounts to certify and affirm them as to their Correctness, and deliver them to the Officer appointed to receive them.

Such Officer to transmit them to the Office of Chief Secretary.

An Abstract thereof to be laid before Parliament.
VIII. And be it enacted, That the said several Persons so appointed to take the said Accounts, or to assist therein, shall sign and certify the same, and make solemn Affirmation before any Justice of the Peace within ,the County, to the Effect that the said Account has been truly and faithfully taken by him (or them), and that to the best of his (or their) Knowledge the same is correct, so far as may be known, and shall deliver the same to such Officer of the said Police or Constabulary Forces, or other Person as may be appointed by the said Lord Lieutenant or other Chief Governor or Governors to receive the same, within each County, City, Town, or Place; and such Officer or Person shall examine the same, and cause any Defect or Inaccuracy which may be discovered therein to be supplied or corrected so far as may be possible, and shall certify and transmit the same to the Office of the said Chief or Under Secretary, in such Manner and within such Time as the said Lord Lieutenant or other Chief Governor or Governors shall direct, and the same shall be digested and reduced into Order under the Direction of the said Chief or Under Secretary, by such Persons as the said Lord Lieutenant or other Chief Governor or Governors shall appoint for that Purpose; and that an Abstract thereof shall be laid before both Houses of Parliament within Twelve Months after the Day on which the said Account shall be taken, or (if Parliament be not then sitting) within the first Fourteen Days of the Session next ensuing.
Punishment of Persons wilfully making false Affirmation or Declaration. IX. And be it enacted, That every solemn Affirmation or Declaration made or signed under the Authority of this Act shall be of the same Force and Effect as if the Person making such Affirmation or Declaration had taken an Oath in the usual Form; so that if the Person making such Affirmation or Declaration shall be convicted of having therein wilfully and falsely affirmed or declared any Matter or Thing, he shall be subject to the same Pains, Penalties, and Forfeitures to which Persons convicted of wilful Perjury are subject.
Act may be amended this Session. X. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.