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1839. three thousand persons, such assistant shall receive at the same rate for three thousand, and at the rate of two dollars for every three hundred persons over three thousand, residing in such city or town; but where, from the dispersed situation of the inhabitants in some divisions, two dollars will not be sufficient for one hundred persons, the marshals, with the approbation of the judges of their respective districts or territories, may make such further allowance to the assistant in such divisions as shall be Proviso limit- deemed an adequate compensation: Provided, The same does not exceed two dollars and fifty cents, for every fifty persons by Proviso, an oath them returned: Provided, further, That before any assistant fore receiving as aforesaid, shall, in any case, be entitled to receive said comcompensation. pensation, he shall take and subscribe the following oath or

ing compensation.

to be taken be

affirmation, before some judge or justice of the peace, authorized Form of oath. to administer the same, to wit: "I, A B, do solemnly swear (or affirm) that the number of persons set forth in the return made by me, agreeably to the provision of the act entitled An act to provide for taking the sixth census or enumeration of the inhabitants of the United States,' have been ascertained by an actual inquiry at every dwelling-house, or a personal inquiry of the head of every family, in exact conformity with the provisions of said act; and that I have, in every respect, fulfilled the duties required of me by said act, to the best of my abilities; and that the return aforesaid is correct and true, according to the best of my knowledge and belief."

Compensation

to marshals.

Maine.

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The compensation of the several marshals shall be as follows: The marshal of the district of Maine, four hundred dollars; The marshal of the district of New Hampshire, four hundred dollars;

The marshal of the district of Massachusetts, four hundred and fifty dollars.

The marshal of the district of Rhode Island, two hundred and fifty dollars;

The marshal of the district of Vermont, four hundred dollars; The marshal of the district of Connecticut, three hundred and fifty dollars;

The marshal of the southern district of New York, four hundred and fifty dollars;

The marshal of the northern district of New York, four hun dred and fifty dollars;

The marshal of the district of New Jersey, three hundred and fifty dollars;

The marshal of the eastern district of Pennsylvania, four hun dred dollars;

The marshal of the western district of Pennsylvania, four hundred dollars;

The marshal of the district of Delaware, two hundred and twenty-five dollars;

The marshal of the district of Maryland, four hundred and fifty dollars;

The marshal of the eastern district of Virginia, four hundred dollars;

The marshal of the western district of Virginia, four hundred dollars;

1839.

Va. W. Dist.

The marshal of the district of Kentucky, four hundred and Ky. fifty dollars;

The marshal of the district of North Carolina, four hundred N. c. and fifty dollars;

The marshal of the district of South Carolina, four hundred s. c. and fifty dollars;

The marshal of the district of Georgia, four hundred and fifty Ga. dollars;

The marshal of the district of East Tennessee, two hundred E. Tenn. dollars;

The marshal of the district of West Tennessee, two hundred W. Tenn. dollars;

The marshal of the middle district of Tennessee, two hundred dollars;

Tenn. M. Dist.

Ohio.

The marshal of the district of Ohio, five hundred dollars; The marshal of the district of Indiana, four hundred and fifty Ind. dollars;

The marshal of the district of Illinois, three hundred dollars; I. The marshal of the northern district of Mississippi, two hundred dollars;

The marshal of the southern district of Mississippi, two hundred dollars;

Miss. N. Dist.

Miss. S. Dist

The marshals of the districts of Louisiana, two hundred dollars each;

La.

The marshal of the northern district of Alabama, two hun- Al. N. Dist. dred dollars;

The marshal of the southern district of Alabama, two hun- Al. S. Dist.

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The marshal of the District of Columbia, one hundred and fifty

D. C.

dollars;

The marshal of the district of Michigan, two hundred and fifty dollars;

Mich.

The marshal of the district of Arkansas, two hundred and fifty Ark. dollars;

The marshals of the Territory of Florida, respectively, fifty F. dollars;

The marshals of the Territory of Wisconsin, two hundred and Wis. fifty dollars;

The marshals of the Territory of Iowa, two hundred and fifty Iowa. dollars.

ing transient per

SEC. 5. And be it further enacted, That every person whose, Mode of return usual place of abode shall be in any family on the said first day sons. of June, one thousand eight hundred and forty, shall be returned as of such family; and the name of every person who shall be an inhabitant of any district or Territory, without a settled place of residence, shall be inserted in the column of the schedule which is allotted for the heads of families in the division where he or she shall be on the said first day of January, and every person occasionally absent at the time of enumeration, as be

1839.

Every free person above the age

penalty of $20.

longing to the place in which he or she usually resides in the United States.

SEC. 6. And be it further enacted, That each and every free of 16, to give in person more than sixteen years of age, whether heads of fami formation, under lies or not, belonging to any family within any division, district, or Territory, made or established within the United States, shall be, and hereby is, obliged to render to the assistant of the division, if required, a true account, to the best of his or her knowledge, of every person belonging to such family, respectively, according to the several descriptions aforesaid, on pain of forHow recovered feiting twenty dollars, to be sued for and recovered in any action of debt, by such assistant; the one-half to his own use, and the other half to the use of the United States.

and disposed of.

Assistants to set

up a correct copy

of the most public places.

SEC. 7. And be it further enacted, That each and every of schedule at two assistant, previous to making his return to the marshal, shall cause a correct copy, signed by himself, of the schedule containing the number of inhabitants within his division, to be set up at two of the most public places within the same, there to Entitled to $5 remain for the inspection of all concerned; for each of which copies the said assistant shall be entitled to receive five dollars: Provided, Proof of the schedule having been set up shall be transmitted to the marshal, with the return of the number of persons; and in case any assistant shall fail to make such proof to the marshal, with the return of the number of persons, as aforesaid, he shall forfeit the compensation allowed him by this

for each copy.

Proviso.

Sec. of State to transmit, to mar

act.

SEC. 8. And be it further enacted, That the Secretary of shals, regulations State shall be, and hereby is, authorized and required to transand instructions, mit to the marshals of the several districts and Territories, forms, &c. regulations and instructions, pursuant to this act, for carrying the same into effect; and, also, the forms contained therein of the schedule to be returned, and such other forms as may be necessary in carrying this act into execution, and proper interrogatories to be administered by the several persons to be employed in taking the enumeration.

Where a co, is in two dists., it

SEC. 9. And be it further enacted, That, in those States shall belong to composing two districts, where a part of a county may be in the dist. where each district, such county shall be considered as belonging to that district in which the court house of said county may be

the court houseis.

Further compensation allow ed in certain cases.

Proviso.

situate.

SEC. 10. And be it further enacted, That, in all cases where the superficial content of any county or parish shall exceed twenty miles square, and the number of inhabitants in said parish or county shall not exceed three thousand, the marshals or assistants shall be allowed, with the approbation of the judges of the respective districts or territories such further compensation as shall be deemed reasonable: Provided, The same does not exceed four dollars for every fifty persons by them returned; and when any such county or parish shall exceed forty miles square, and the number of inhabitants in the same shall not exceed three thousand, a like allowance

shall be made, not to exceed six dollars for every fifty persons so returned.

1839.

the aggregate to

gress.

shals not to de

directly or indi

reward, &c. from

ap

SEC. 11. And be it further enacted, That when the afore- 10.000 copies of said enumeration shall be completed and returned to the office be printed by of the Secretary of State by the marshals of the States and printers to Con Territories, he shall direct the printers to Congress to print, for the use of Congress, ten thousand copies of the aggregate returns received from the marshals: And provided, That if any mar- Proviso: mar shal, in any district within the United States or Territories, shall, mand or receive, directly or indirectly, ask, demand, or receive, or contract to re-rectly, any fee, ceive, of any assistants to be appointed by him under this act, any assistants fee, reward, or compensation, for the appointment of such assist- pointed by them. ant to discharge the duties required of such assistant under this act, or shall retain from such assistant any portion of the compensation allowed to the assistant by this act, the said marshal shall be deemed guilty of a misdemeanor in office, and shall forfeit and pay the amount of five hundred dollars for each offence, to be recovered by suit or indictment in any circuit or district court of the United States or the Territories thereof, one-half to the use of the Government, and the other half to the informer; and all contracts which may be made in violation of this law, shall be void, and all sums of money or property paid, may be recovered back by the party paying the same, in any court having jurisdiction of the same.

Penalty for n

doing $500-how

to be recovered

and disposed of.

Marshals to be allowed the post

der this act.

SEC. 12. And be it further enacted, That there shall be allowed and paid to the marshals of the several States, Terri-age incurred untories, and the District of Columbia, the amount of postage by them respectively paid on letters relating to their duties under this act.

pensioners to be

hibiting a full

education and re

Country to be col

SEC. 13. And be it further enacted, That the aforesaid mar- A census of shals and their assistants shall also take a census of all persons taken. receiving pensions from the United States for revolutionary or military services, stating their names and ages: and also shall Information excollect and return in statistical tables under proper heads accord- view of the puring to such forms as shall be furnished, all such information in suits, industry, relation to mines, agriculture, commerce, manufactures, and surces of the schools, as will exhibit a full view of the pursuits, industry, lected. education and resources of the country, as shall be directed by the President of the United States. And it shall be the duty of Forms, regulathe Secretary of State, under the direction of the President, to tions, to he preprepare such forms, regulations, and instructions, as shall be State, under dinecessary and proper to comply with the provisions of this act. President. SEC. 14. Be it further enacted, That the sum of twenty thousand dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of carrying this act into effect. Approved, March 3d, 1839.

tions and instruc

rection of the

$20,000 appro

priated.

1839.

Missouri shall at

on 1st Monday

cessary orders,

&c. returned to

CHAP. 81. An ACT to amend the act of the third of March, eighteen hundred and thirty-seven, entitled "An act supplementary to the act entitled 'An act to amend the judicial system of the United States,' and for other purposes."

[SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress asDist. judge for sembled, That it shall be the duty of the district judge of Mistend at St. Louis Souri to attend at St. Louis, on the first Monday of October of Oct. annually, annually, who shall have power to make all necessary orders to make all ne- touching any suit, action, appeal, writ of error, process, pleadtouching suits, ings, or proceedings returned to the circuit court, or depending circuit court, &c. therein, preparatory to the hearing, trial, or decision of such action, suit, appeal, writ of error, process, pleadings, or proAll writs and ceedings; and all writs and process may be returnable to the turnable to said said courts on the first Monday of October, in the same manner as to the sessions of the circuit courts directed to be held by the May bear test said act of third March, eighteen hundred and thirty-seven; and the said writs returnable to the circuit courts may also bear teste on the said first Monday of October, as though a session of said court was holden on that day.

process how re

court.

on 1st Monday of October.

Dist. court for

E. Tenn. to be

on

Middle District

SEC. 2. And be it further enacted, That the district court of holden 3d the United States for the district of East Tennessee shall, hereMonday of Oct. after, be holden on the third Monday of October in each year, instead of the second Monday of October, as now prescribed by Dist. court for law; and that the district court of the Middle District of TenTennessee on 1st nessee shall be holden on the first Mondays of March and March and Sep. September, in each year; and all causes and processes shall be temberannually continued over, and be returnable to, the respective terms of All causes, &c. said courts as hereby established; and said courts shall be holden and returnable to at the places now prescribed by law, and exercise all the powers and jurisdiction they now enjoy.

Mondays of

continued over,

said terms.

After 1st June next,circuit court

shall be holden

Circuit court

SEC. 3. And be it further enacted, That from and after the for S. dist. Al. first day of June next the circuit court of the United States for on 24 Monday of the southern district of Alabama shall commence its terms on the March, and 4th Monday of Nov, second Monday of March and the fourth Monday of November, annually. in each and every year; and the circuit court for the eastern for E. dist. La. on district of Louisiana shall commence its terms on the first Mon1st Monday of April, and 34 day of April and the third Monday of December in each and Monday of Dec. every year; and all writs, pleas, suits, recognizances, indictments Me and all other proceedings, civil and criminal, shall be heard, tried ed in as if no and proceeded with by said court, at the times herein fixed, in the same manner as if no change in the times of holding said courts had taken place.

annually.

&c. to be proceed

change had been made.

Courts for Mich.

Detroit, on 24

Circuit & dist. SEC. 4. And be it further enacted, That the circuit and disshall be held at trict courts of the United States for the district of Michigan, Monday of Oct. shall be held at Detroit, on the second Monday of October, insteau of the first Monday in November, as heretofore established; and Writs, pleas, that all writs, pleas, suits, recognizances, indictments and all ceeded in as if no other proceedings, civil and criminal, shall be heard, tried, and proceeded with by the said court, at the times herein fixed, in the same manner as if no change in the times of holding the said court had taken place.

&c. to be pro

change had been made.

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