cretaries.

districts.

teen and under twenty-six; those of twentysix and under forty-five; those of forty-five and upwards. And distinguishing free fe males under ten years of age; those of ten years and under sixteen; those of sixteen and under twenty-six; those of twenty-six and under forty-five; those of forty five and Assistants to upwards; for effecting of which, the marbe appointed by the Mar- shals and secretaries aforesaid shall have shals and Se power, and hereby are respectively authorised and required, to appoint one or more assistants in each county and city, in their respective districts and territories, residents of the county and city for which they shall be appointed, and shall assign a certain diAllotment of vision of his district or territory to each assistant, which division shall not consist of more than one county or city; but may consist of one or more towns, townships, wards, hundreds, or parishes, plainly and distinctly bounded by water courses, mountains, public roads or other monuments: and the said enumeration shall be made by an actual enquiry at every dwelling house, or of the head of every family within each district, and not otherwise: the marshals or secretaries, as the case may be, and their assistants, shall respectively take an oath or affirmation, before some judge or justice of the peace resident within their respective districts or territories, previous to their entering on the duties by this act required. The oath or affirmation of the marshal or secretary shall be as follows: "I, A. B. mar. shal of the district (or

Oaths of Marshals, &c. &c.

secretary of the territory of
as the case may be) do solemnly swear, or
affirm, that I will well and truly cause to be
made, a just and perfect enumeration and

description of all persons resident within my district, (or territory) and return the same to the secretary of state, agreeably to the directions of an act of Congress, entitled 'An act providing for the third census enumeration of the inhabitants of the United States," according to the best of my ability." The oath or affirmation of an assistant shall be; "I, A. B. do solemnly swear (or affirm) that I will make a just and perfect enumeration and description of all persons resident within the division assigned to me for that purpose, by the marshal of (or the secretary of the territory of as the case may be) and make due return thereof to the said marshal (or secretary) agreeably to the directions of an act of Congress, entitled 'An act providing for the third census or enumeration of the inhabitants of the United States,' according to the best of my abi lities." The enumeration shall commence on the first Monday of August next, and shall close within nine calendar months thereafter. The several assistants shall, within the said nine months, transmit to the marshals or secretaries, by whom they shall be respectively appointed, accurate returns of all persons, except Indians not taxed, within their respective divisions; which returns shall be made in a schedule distinguishing in each county, city, town, township, hundred, ward or parish, the several families, by the names of their master, mistress, steward, overseer, or other principal person therein, in the manner fol lowing, that is to say: The number of persons within my division, consisting of

appears in a schedule hereto an

Of the whole number of persons within the division allotted to A. B.

Name of the county, parish, township, town or city where the family resides.

Names of head of family.

Free white males under ten years of age.

Free white males of ten, and under sixteen.

Free white males of sixteen, and under twenty-six, including heads of families.

Free white males of twenty-six, and under forty-five, including heads of families.

Free white males of forty-five and upwards, including heads of families.

Free white females under ten years of age.

Free white females of ten years, and under sixteen.

Free white females of sixteen, and under twenty-six, including heads of families.

Free white females of twenty-six, and under fortyfive, including heads of families.

Free white females of forty-five and upwards, including heads of families.

All other free persons, except Indians, not taxed.

Slaves.

Sec. 2. And be it further enacted, That Penalties for neglecting or every assistant failing or neglecting to make making a a proper return, or making a false return of false return. the enumeration to the marshal, or the se cretary (as the case may be) within the time limited by this act, shall forfeit the sum of two hundred dollars.

Marshals snd

Secretaries to

&c. &c.

Sec. 3. And be it further enacted, That the marshals and secretaries shall file the several returns aforesaid, and also an attested file the sevecopy of the aggregate amount hereinafter ral returns, directed to be transmitted by them respectively to the secretary of state, with the clerks of their respective districts, or superior courts, (as the case may be) who are hereby directed to receive and carefully preserve the same. And the marshals and secretaries, respectively, shall, on or before the first day of March, one thousand eight hundred and eleven, transmit to the secretary of state, the aggregate amount of each description of persons within their respective districts or territories. And every marshal or secretary failing to file the returns of his assistant or any of them, with the clerks of their respective courts as aforesaid, or failing to return the aggregate amount of each description of persons in their respective districts or territories, as required by this act, and as the same shall appear from said returns to the secretary of state, within the time limited by this act, shall for every such offence, forfeit the sum of eight hundred dollars; all which forfeitures shall be recoverable in the courts of the districts or territories where the said offences shall be committed, or in the circuit courts to be held within the same, by action of debt, infor

Penalty.

territorial

and the re

mation or indictment; the one half thereof to
the use of the United States, and the other
half to the informer; but where the prose-
cution shall be first instituted on behalf of
the United States, the whole shall accrue to
their use.
And for the more effectual disco-

Judges of the very of such offences, the judges of the se-
district and veral district courts in the several districts,
courts to give and of the supreme courts in the territories
this act in of the United States, as aforesaid, at their
charge to the
grand juries, next sessions, to be held after the expira-
tion of the time allowed for making the re-
turns of the enumeration hereby directed
to the secretary of state, shall give this act
in charge to the grand juries in their re-
spective courts, and shall cause the returns
of the several assistants and the said attested
copy of the aggregate amount aforesaid to be
laid before them for their inspection.

turns of the assistants.

Rates of compensation.

Sec. 4. And be it further enacted, That every assistant shall receive at the rate of one dollar for every hundred persons by him returned, where such persons reside in the country; and where such persons reside in a city or town, containing more than three thousand persons, such assistant shall receive at the rate of one dollar for every three hundred persons; but where, from the dispersed situation of the inhabitants, in some divisions, one dollar for every hundred persons shall be insufficient, the marshals or secretaries, with the approbation of the judges of their respective districts or territories, may make such further allowance to the assistants in such divisions as shall be deemed an adequate compensation; provided the same does not exceed one dollar and twentyfive cents for every fifty persons by them re