The marshal of the district of West Tennessee, two hundred dollars; The marshal of the middle district of Tennessee, two hundred dollars; The marshal of the district of Ohio, five hundred dollars; W.Tennessee. Tennessee Middle dist. Ohio. The marshal of the district of Indiana, four hundred and fifty dollars; Indiana. The marshal of the southern district of Mississippi, two hundred dollars; The marshals of the districts of Louisiana, two hundred dollars each; lars; The marshal of the southern district of Alabama, two hundred dol lars; The marshal of the District of Columbia, one hundred and fifty dol lars; Illinois. Mississippi, Northern dist. Mississippi, Southern dist. Louisiana. Alabama, Northern dist. Alabama, Southern dist. District of Co lumbia. The marshal of the district of Michigan, two hundred and fifty dol- Michigan. lars; Arkansas. The marshal of the district of Arkansas, two hundred and fifty dol lars; Florida. The marshals of the Territory of Florida, respectively, fifty dollars; The marshals of the Territory of Wisconsin, two hundred and fifty Wisconsin. dollars; The marshals of the Territory of Iowa, two hundred and fifty dollars. SEC. 5. And be it further enacted, That every person whose usual place of abode shall be in any family on the said first day 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 belonging 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 person more than sixteen years of age, whether heads of families 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 forfeiting 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. Iowa. transient per sons. Information to be given, under penalty. How recoverable, &c. Assistants to set up a correct copy of sche SEC. 7. And be it further enacted, That each and every 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 dule, &c. within his division, to be set up at two of the most public places within the same, there to 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 act. SEC. 8. And be it further enacted, That the Secretary of State shall be, and hereby is, authorized and required to transmit to the marshals of the several districts and Territories, regulations and instructions, Proviso. Sec. of State to transmit in structions, &c. to marshals. Where a coun 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. SEC. 9. And be it further enacted, That, in those States composing ty is in two dis- two districts, where a part of a county may be in each district, such tricts, &c. county shall be considered as belonging to that district in which the court-house of said county may be situate. Further compensation. Proviso. Aggregate to be printed. Proviso. Penalty. Marshals to be allowed the postage incurred, &c. A census of pensioners to be taken, &c. 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. SEC. 11. And be it further enacted, That when the aforesaid enumeration shall be completed and returned to the office of the Secretary of State by the marshals of the States and 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 marshal, in any district within the United States or Territories, shall, directly or indirectly, ask, demand, or receive, or contract to receive, of any assistants to be appointed by him under this act, any fee, reward, or compensation, for the appointment of such assistant 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. SEC. 12. And be it further enacted, That there shall be allowed and paid to the marshals of the several States, Territories, 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 marshals and their assistants shall also take a census of all persons receiving pensions from the United States for revolutionary or military services, stating their names and ages and also shall collect and return in statistical tables, under proper heads, according to such forms as shall be furnished, all such information in relation to mines, agriculture, commerce, manufactures, and schools, as will exhibit a full view of the pursuits, industry, education and resources of the country, as shall be directed by the President of the United States. And it shall be the duty of the be prepared by Secretary of State, under the direction of the President, to prepare such forms, regulations, and instructions, as shall be necessary and proper to comply with the provisions of this act. Forms, &c. to Sec. of State. Appropriation. SEC. 14. And be it further enacted, That the sum of twenty thou sand 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 3, 1839. STATUTE III. March 3, 1839. Act of March 3, 1837, ch. 34. District judge for Missouri shall attend at CHAP. LXXXI.—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.” Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be the duty of the district judge of Missouri to attend at St. Louis, on the first Monday of October annually, who shall have power to make all neces- St. Louis, &c. sary orders touching any suit, action, appeal, writ of error, process, pleadings, or proceedings returned to the circuit court, or depending therein, preparatory to the hearing, trial, or decision of such action, suit, appeal, writ of error, process, pleadings, or proceedings; and all writs and process may be returnable to the 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 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. (a) District court nessee. District court SEC. 2. And be it further enacted, That the district court of the United States for the district of East Tennessee shall, hereafter, be holden for East Tenon the third Monday of October in each year, instead of the second Monday of October, as now prescribed by law; and that the district court of the Middle District of Tennessee shall be holden on the first Mondays of March and September, in each year; and all causes and processes shall be continued over, and be returnable to, the respective terms of said courts as hereby established; and said courts shall be holden at the places now prescribed by law, and exercise all the powers and jurisdiction they now enjoy. (b) SEC. 3. And be it further enacted, That from and after the first day of June next the circuit court of the United States for the southern district of Alabama shall commence its terms on the second Monday of March and the fourth Monday of November, in each and every year; and the circuit court for the eastern district of Louisiana shall commence its terms on the first Monday of April and the third Monday of December in each and every year; and all writs, pleas, suits, recognizances, indictments and all other proceedings, civil and criminal, shall be heard, tried 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. SEC. 4. And be it further enacted, That the circuit and district courts of the United States for the district of Michigan, shall be held at Detroit, on the second Monday of October, instead of the first Monday in November, as heretofore established; and that all writs, pleas, suits, recognizances, indictments and all 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. for Middle dist. Tennessee. All causes, &c. continued over, &c. Circuit court for Southern dist. Alabama. Circuit court for Eastern dist. Louisiana. Writs, pleas, &c. how to be proceeded in. Circuit and district courts for Michigan. Writs, pleas, &c how to be proceeded in. District court SEC. 5. And be it further enacted, That the district court of the United States for the district of Arkansas, shall be held at Little Rock for Arkansas. on the first Monday of October, instead of the first Monday in November (a) See notes to act of April 29, 1824, chap. 45, vol. 4, for a reference to the acts passed relating to the district court of Missouri. (b) Act of July 4, 1840, chap. 41, sec. 3; act of April 14, 1842, chap. 20; act of May 18, 1842, chap. 30; act of March 3, 1843, chap. 74. VOL. V.-43 2 D Circuit court for Southern district of New York. annually as heretofore established; and that all writs, pleas, suits, recognizances, indictments, and all 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. SEC. 6. And be it further enacted, That the circuit court of the United States for the southern district of New York, shall hereafter be held on the last Monday in November instead of the last Monday in October, the time heretofore established by law; that all indictments, informations, suits or actions, and proceedings of every kind, whether of a civil or criminal nature, depending in the said court, on the first day of October next, shall thereafter have day in court, and be proceeded in, heard, tried, and determined, at the time herein appointed for holding the said court, in the same manner as they might and ought to have been done had the said court been holden at the time heretofore directed by law. Writs, suits, SEC. 7. And be it further enacted, That all writs, suits, actions or &c. returnable recognizances, or other proceedings which are or shall be, instituted, to, &c. served, commenced, or taken to the said Circuit Court to have been holden as heretofore directed by law, shall be returnable to, entered in, heard, tried, and have day in court, to be holden at the time by this act directed, in the same manner as might and ought to have been done had the said court been holden at the time heretofore directed by law. Clerk district court of Southern dist. N. Y. to transmit certified copy of dockets, &c. Clerk Northern dist. N. Y. .o transmit, &c. Judgments. SEC. 8. And be it further enacted, That it shall be the duty of the clerk of the district court of the southern district of New York, within six months after the passage of this act, to transmit a certified copy of the dockets of all judgments rendered in that court, or in the circuit court of the United States for that district, since the fourth day of March, eighteen hundred and twenty-nine, to the clerk of the supreme court of said state, in the city of New York; and on the tenth and twenty-fifth days of each month thereafter, to transmit a like certificate of all dockets of judgments as may have been rendered in either of said courts since the last certificate was transmitted. SEC. 9. And be it further enacted, That it shall be the duty of the clerk of the northern district of said State within six months after the passage of this act to transmit a certified copy of all judgments rendered and docketed in that court, either as a district court, or as a circuit court, and of all judgments in the circuit court of the United States for that district, docketed since the fourth day of March, eighteen hundred and twenty-nine, to the clerk of the supreme court of said State at Utica; and on the tenth and twenty-fifth days of each month thereafter, to transmit a like certificate of all such dockets of judgments as may have been rendered in either of said courts since the last certificate was transmitted. SEC. 10. And be it further enacted, That every judgment which shall have been rendered either in the district or circuit courts aforesaid, previous to the passage of this act, shall, as against subsequent purchasers or incumbrances, cease to be a lien upon the real estate or chattels real of the person or persons against whom such judgments may have been rendered respectively, at the expiration of five years from the passage of this act; and every judgment to be hereafter rendered in either of said courts, shall, as against subsequent purchasers or incumbrances, cease to be a lien upon the real estate or chattels real of any person or persons against whom such judgment shall be rendered at the expiration of ten years, from and after the day of docketing such judgments respectively. APPROVED, March 3, 1839. CHAP. LXXXII.-An Act making appropriations for the civil and diplomatic ex- For compensation to the President and Vice President of the United States, the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Postmaster General, sixty thousand dollars; STATUTE III. March 3, 1839. [Obsolete.] President, Vice President, partments. and heads of de Secretary to For salary of the Secretary to sign patents for public lands, per act of March second, eighteen hundred and thirty-three, one thousand five hun- sign patents for dred dollars; For clerks and messengers in the office of the Secretary of State, twenty thousand three hundred dollars; For the contingent expenses of the Department of State, including publishing and distributing the laws, twenty-five thousand dollars; For compiling and printing the Biennial Register, one thousand eight hundred dollars: Provided, That the printing of the said Biennial Register and the job printing, stationery and binding of each of the Executive Departments, shall be furnished by contract, proposals for which shall regularly be advertised for in the public prints. The classes, character, and description of the printing being specified in each advertisement, as far as that can be done, and it being made a condition in all cases, unless otherwise specifically stated in the advertisement, that the work shall be done in the city of Washington; and the contract shall in each case so far as the proposals and acceptance shall enable the contract to be made, to be given to the lowest bidder, whose bid shall be accompanied with the proper testimonials of the ability of the bidder to fulfil his contract; For the superintendent and watchman of the northeast executive building, one thousand five hundred dollars; For contingent expenses of said building, including fuel, labor, oil and repairs, three thousand three hundred and fifty dollars; For compensation to the clerks and messengers in the office of the Secretary of the Treasury, sixteen thousand four hundred and fifty dollars; For compensation to the clerks in said office, per act of the twentythird June, eighteen hundred and thirty-six, entitled, An act to regulate the deposites of the public money, three thousand six hundred dollars; For compensation to the First Comptroller of the Treasury, three thousand five hundred dollars; For compensation to the clerks and messengers in the office of the First Comptroller, nineteen thousand three hundred dollars; lands, Off. Sec.State. Clerks and messengers. ment, exp. of department. Compiling and printing Biennial Register. Proviso. Superint't and watchman N.E. Ex. building. Contingent ex penses of said building Treasury. Office Sec. Clerks and messengers. Clerks per act 23d June 1836, ch. 115. Clerks and messengers. Second Comp Clerks and messenger. For compensation to the Second Comptroller, three thousand dollars; For compensation to the clerks and messenger in the office of the troller. Second Comptroller, including the compensation of two clerks transferred from the office of the Fourth Auditor, twelve thousand two hundred and fifty dollars; For compensation to the First Auditor of the Treasury, three thousand dollars; For compensation to the clerks and messenger in the office of the First Auditor, fifteen thousand nine hundred dollars; For compensation to the Second Auditor of the Treasury, three thousand dollars; For compensation to the clerks and messenger in the office of the Second Auditor, seventeen thousand nine hundred dollars; For compensation to the Third Auditor, three thousand dollars; 1st Auditor. Clerks and messenger. 2d Auditor. Clerks and messenger. 3d Auditor. |