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1839.

three tnousand 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 ing compensa.

$a. not exceed two dollars and fifty cents, for every fifty persons by Proviso, an path 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

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 The compensation of the several marshals shall be as follows: to marshals.

The marshal of the district of Maine, four hundred dollars;

The marshal of the district of New Hampshire, four hundred N. H.

dollars;

The marshal of the district of Massachusetts, four hundred Mass.

and fifty dollars. R. Le

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

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

fifty dollars; N. F. S. Dist.

The marshal of the southern district of New York, four hun

dred and fifty dollars; N. Y. N. Dist. 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 ; Pa. W. Dist. 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 fisty dollars;

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

Maine.

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Del.

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Va. E. Dist.

Va. W. Dist.

The marshal of the western district of Virginia, four hundred 1839. dollars ;

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 Tenn. M. Dish dollars;

The marshal of the district of Ohio, five hundred dollars; Ohio.

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

The marshal of the district of Illinois, three hundred dollars; II.

The marshal of the northern district of Mississippi, two hun- Miss, N. Disk dred dollars;

The marshal of the southern district of Mississippi, two hun- Miss. S. Disk dred dollars;

The marshals of the districts of Louisiana, two hundred dol- La. lars each;

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. Dish dred dollars;

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 Mich. dollars;

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

The marshals of the Territory of Florida, respectively, fifty Fl. 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.

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

ing transient per cases.

son above the age

formation, under

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1839. longing to the place in which he or she usually resides in the

- United States. Every free per. Sec. 6. And be it further enacted, That each and every free of 16,10 give in person more than sixteen years of age, whether heads of fami

der lies or not, belonging to any family within any division, district, penalty of 8-20.

or Territory, made or established within the United States, shall be, and hereby is, obliged to render to the assistant of the diri. sion, if required, a true account, to the best of his or her knov. ledge, 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. Assistants to set Sec. 7. And be it further enacted, That each and every of scheduleativ; assistant, previous to making his return to the marshal, shail

pub. cause a correct copy, signed by himself, of the schedule contain

ing 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 su 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 hins by this

act. Sec. of State to Sec. 8. And be it further enacted, That the Secretary of shals, regulations State shall be, and hereby is, authorized and required to trans

ons, mit to the marshals of the several districts and Territories,

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 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 Quseis, each district, such county shall be considered as belonging to

that district in which the court house of said county may be

situate. Further com. Sec. 10. And be it further enacted, That, in all cases where le in certain 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 coinpensation 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

and instructions, forms, &c.

in two dists., it

the dist. where

pensation allow

fail cantant

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the aggregate to

gress.

directly or indi.

shall be made, not to exceed six dollars for every fifty per- 1839. sons so returned.

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 been

be printed by of the Secretary of State by the marshals of the States and Printers w 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

shals not to de. shal, in any district within the United States or Territories, shall, mand or receive, directiy or indirectly, ask, demand, or receive, or contract to re-recely, ceive, of any assistants to be appointed by him under this act, any rewan, &c. from 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 misdeineanor in office, and shall forfeit and pay the amount of five hundred dollars for each Penalty for on

doing 9500—how offence, to be recovered by suit or indictment in any circuit or w bé recovered district court of the United States or the Territories thereof, and disposed of. 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.

Sec. 12. And be it further enacted, That there shall be Marshals to 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.

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 et. collect 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 s urces 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, regula

tions and instructhe Secretary of State, under the direction of the President, to tions, lo he preprepare such forms, regulations, and instructions, as shall be State, under di necessary and proper to comply with the provisions of this act. Personen, or the Sec. 14. Be it further enacted, That the sun of twenty $20,000 appro

priated. thousand dollars is hereby appropriated, out of any money in Pr the Treasury not otherwise appropriated, for the purpose of carrying this act into effect. Approved, March 3d, 1939.

hastoh , der this act.

ponsioners to be

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full

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country to be col.

on 1st Monday

cessary

orders,

court.

on Ist Monday of October.

E

Tenn. to be

1839. CHAP. 81. An ACT to amend the act of the third of March, eighteen hundred od

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,

wannually, who shall have power to make all necessary orders to make all de touching any suit, action, appeal, writ of error, process, pleadtouching suits, ings, or proceedings returned to the circuit court, or depending &c. returned to 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 artest 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. Dist. court for Sec. 2. And be it further enacted, That the district court of holdenon" 3d the United States for the district of East Tennessee shall, hereMonday of Oct. 1 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 TenMiddle District Tennessee on Isı 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 lemberannually. 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 returnableto at the places now prescribed by law, and exercise all the powers

and jurisdiction they now enjoy. After 1st June Sec. 3. And be it further enacted, That from and after the for s. disl. Al. first day of June next the circuit court of the United States for shall be holden

1921 Monday of the southern district of Alabama shall commence its terms on the March, and 1th, Monday of Nov..

. second Monday of March and the fourth Monday of November, annually: cour in each and every year; and the circuit court for the easter for E. dist. La.on district of Louisiana shall commence its terms on the first Mon1st Monday of April, and 30 day of April and the third Monday of December in each and annually. Dec. every year; and all writs, pleas, suits, recognizances, indictments

Wilts, pleas, 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 change had been

"the same manner as if no change in the times of holding said

courts had taken place. Circuit & dist. Sec. 4. And be it further enacted, That the circuit and discourts for Mich. shall 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, instead

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 sald court had taken place.

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