1

etc.

2

of culvert.

Indiana avenue.

Removal of pub- For the removal of the public green-house and the botanical
lic green-house,

collection thereat, to some suitable site on the public grounds,
and for the erection of such other green-house as may be deem-
ed necessary by the Joint Committee on the Library, five thou-
sand dollars, to be expended by the direction of the said Joint
Committee, and under the supervision of the Commissioner of

Public Buildings.
Improvement of For continuing the improvement of the grounds south of the
President's house President's House, and as incidentally necessary thereto, to-
and construction wards the construction of a culvert on Seventeenth street, lead-

ing from the grounds attached to the Navy Department build:
ing to the Washington canal, ten thousand dollars.

For completing the improvement of Indiana avenue in the
city of Washington, from the City Hall to the Capitol Hill, seven
thousand dollars, to be expended under the control of the Com-

missioner of Public Buildings. Public grounds. For continuing the improvement of the public grounds west

of Seventh street, designated as the mall, five thousand dollars. Enclosing, grad- For enclosing with a substantial wooden fence, grading, and ing, and planting

planting with trees, the low grounds on the canal, between grounds.

Third and Sixth streets, two thousand five hundred dollars. Twenty-lwo ad- Sec. 2. And be it further enacted, That the Postinaster

clerks,
and one watch: General be, and he is hereby, authorized to employ twenty-two
man in P. O. De- additional clerks in the Post Office Department, viz : Seven

clerks each at an annual salary of fourteen hundred dollars,
eight clerks each at an annual salary of twelve hundred dol-
lars, and seven clerks each at an annual salary of one thou-
sand dollars, and one additional watchman at a salary of three
hundred and sixty-five dollars.

Sec. 3. And be it further enacted, That the salaries propaid out of

the vided for in the second section of this act, and payable for the

remainder of the fiscal year ending June thirtieth, eighteen priated.

hundred and fifty, and for the whole year ending June thir-
tieth, eighteen hundred and fifty-one, shall be paid out of any
money in the Treasury not otherwise appropriated.

Approved May 15, 1850.

certain low

ditional

Salaries to be

money in Treasury not otherwise appro

CHAP. 11.-AN ACT providing for the taking of the seventh and subsequent

censuses of the United States, and to fix the number of the members of the · House of Representatives, and provide for their future apportionment among

the several States,

Marshals take a census.

1.-OF THE DUTIES, LIABILITIES, AND COMPENSATION OF

MARSHALS.
[Sec. 1.] Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress as-
to sembled, That the marshals of the several districts of the Uni-

ted States, including the District of Columbia and the Terri-
tories, are hereby required respectively to cause all the inhabit-
ants so enumerated, and to collect all the other statistical infor-
mation within their respective districts, in the manner provided

affirm.

Form of oath or affirmation.

for in this act, and specified in the instructions which shall be
given by the Secretary of the Interior , and in the tables annex-
ed, and to return the same to the said Secretary on or before the
first day of November next ensuing, omitting from the enume-
ration of the inhabitants Indians not taxed; also, at the discre.
tion of said Secretary, any part or all the statistics of the Terri-
tories except those of populations Provided however, And if Proviso.
the time assigned for making the returns shall prove inadequate :
for the Territories, the said Secretary may extend the same:
Provided further, If there be any district or Territory of the Further proviso.
United States in which there is no marshal of the United States,
the President shall appoint some suitable person to discharge
the duties assigned by this act to marshals.

Sec. 2. And be it further enacted, That each of said mar- Marshals requir-
shals shall, before entering upon his duties take and subscribe ed to swear or
the following oath, or affirmation, before any circuit or district
judge of the United States, or before any judge of any State
court, to wit:
I,

marshal of the district of
do solemnly swear (or affirm) that I will to the best of my
ability enumerate, or cause to be enumerated, all the inhabit-
ants of said district, and will collect, or cause to be collected,
the other statistical information within the same, and will faith-
fully perform all the duties enjoined on me by the act provid-
ing for the taking of the seventh census. And when duly au-
thenticated by the said judge, he shall deposite a copy thereof, so
authenticated, with the said Secretary of the Interior, and no
marshal shall discharge any of the duties herein required, until
he has taken and subscribed this oath, and forwarded a copy
as aforesaid.

Sec. 3. And be it further enacted, That each marshal shall
separate his district into subdivisions containing not exceeding
twenty
thousand persons

in each, unless the limitation to that into subdivisions
number causes inconvenient boundaries, in which case the exceeding 20,000
number
may

and shall also estimate from the best
sources of information which he is able to obtain, the number
of square miles in each subdivision and transmit the same
to the Department of the Interior: Provided however, That in
bounding such subdivisions, the limits thereof shall be known
civil divisions, such as county, hundred, parish, township,
town, city, ward or district lines, or highways, or natural boun-
daries, such as rivers, lakes, &c.
Sec. 4. And be it further enacted, That each marshal shall

to appoint and
appoint an assistant for each subdivision, who is a resident commnission
therein, to whom he shall give a commission under his hand,
authorizing him to perform the duties herein assigned to assis:
tants, which commission shall set forth the boundaries of the
subdivision, of which appointment so made, and the boundaries
so specified, the marshal shall keep a true and faithful record.

Sec. 5. And be it further enacted, That each marshal shall seasonably supply each assistant with the instructions issued by quired to supply the Department of the Interior, the blanks provided for the needful instruc

Each marshal is required to separate his district

containing

not

persons, &c.

be larger;

Proviso.

- Each marshal

an

assistant.

Marshals

re

tions, and blanks
for the prosecule
tion of
duties, &c.

Marshal's duties defined.

Marshal forbid

an assistant,

enumeration of the population, and the collection of other statistheir tics, and give to him from time to time all such information

and directions as may be necessary to enable him to discharge his duty. He shall carefully examine whether the returns of each assistant marshal be made in conformity with the terms of this act, and where discrepancies are detected, require the same to be corrected. He shall dispose of the two sets of the returns required from the assistant marshals as hereinafter provided for, as follows: one set he shall transmit forth with to the Secretary of the Interior; and the other copy thereof he shall transmit to the office of the Secretary of the State or Territory to which his district belongs. He shall classify and determine the rate of compensation to be paid to each assistant marshal according to the provisions of this act, subject to the final approval of the Secretary of the Interior. He shall from time to time make himself acquainted with the progress made by each assistant marshal in the discharge of his duties, and in case of inability or neglect arising from sickness, or otherwise, appoint a substitute.

Sec. 6. And be it further enacted, That if any marshal reward, or com shall, by any arrangement or understanding whatever, secure pensation, from

to himself any fee, reward, or compensation for the appointment of an assistant, or shall in any way secure to himself any part of the compensation provided by this act for the services of assistants, or if he shall knowingly neglect or refuse to perform the duties herein assigned to him, he shall, in any such case, be deemed guilty of a misdemeanor, and if convicted in any such case, shall for such offence, forfeit and pay not less than one thousand dollars.

Sec. 7. And be it further enacted, That any marshal of appoint deputies. the United States may, for any purposes not inconsistent with

the duties of the assistants herein provided for, appoint a deputy or deputies, to act in his behalf, but for all official acts of such deputy or deputies, the marshal shall be responsible: Provided, however, An appointment to collect the social statistics shall not be deemed an interference with the duties of the assistants.

Sec. 8. And be it further enacted, That whenever the population returned in any district shall exceed one million, the marshal thereof shall be entitled to receive as a compensation for all his services in executing this act, after the rate of one dollar for each thousand persons; but if the number returned shall be less than a million in any district, the marshal thereof shall be allowed for his services at the rate of one dollar and twenty-five cents for each thousand persons: Provided, houever, That no marshal shall receive less than two hundred and fifty dollars: and when the compensation does not in the whole exceed the sum of five hundred dollars, a reasonable allowance

for clerk hire shall be made, the amount whereof shall be deterFurther provi- mined by the Secretary of the Interior. And provided, further,

That the marshal of any district may at his discretion perform the duties of an assistant in any subdivision in which he may reside, and when he shall personally perform the duties assigned

Penalty.

Marshal

may

Proviso.

Marshal's fees.

so.

by this act to assistants, he shall receive therefor the compensa-
tion allowed to assistants for like services.

IÍ.-OF ASSISTANTS, THEIR 'DUTIES, LIABILITIES, AND COM

PENSATION.

Assistant to be commissioned.

Form of oath or affirmation.

1 Duties of assis

Sec. 9. And be it further enacted, That no assistant shall
be deemed qualified to enter upon his duties, until he has re-
ceived from the marshal, under his hand, such a commission
as is provided for in this act, and shall take and subscribe the
following oath, or affirmation, which shall be thereon endorsed,
to wit:
1,

an assistant to the marshal of the district of

do solemnly swear (or affirin) 'that I will make a true and exact enunieration of all the inhabitants within the district assigned to me and will also faithfully collect the other statistics therein, in the manner provided for in the act for taking the seventh census, and in conformity with all lawful instructions which I'may receive, and will make due and correct returns thereof as required in said act.

(Signed.), Which said oath, or affirmation, may be administered by any judge of a court of record, or any justice of the peace empow. ered to administer oaths, and a copy thereof duly authenticated shall be forwarded to the marshal by such assistant, before he proceeds to the business of the appointment.

Sec. 10. And be it further enacted, That each -assistant, when duly qualified in manner aforesaid, shall perform the tants defined. service required of him by a personal visit to each dwelling, house, and to each family, in the sub-division assigned to him, and shall 'ascertain, by inquiries made of some member of each family, if any one can be found capable of giving the information, but if not, then of the agent of such family, the name of each member thereof, the age and place of birth of each, and all the other particulars specified in this act, the tables thereto subjoined, and the instructions of the Secretary of the Interior; and shall also visit persohally the farms, mills, shops, mines, and other places respecting which information is required as above specified, in his district, and shall obtain all such information from the best'and most reliable sources; and when in either case the information is obtained and entered on the tables,'as obtained, till the same is complete, then such memoranda shall be immediately read to the person or persons furnishing the facts, to correct errors and supply omissions if any shall exist.

Sec. 11. And be it further enacted, That each assistant shall within one month after the time specified for the comple- within one month lion of the enumeration, furnish the original census returns to specified. the clerk of the county court of their respective counties, and two copies, duly compared and corrected, to the marshal of the district. He'shall affix his signature to each page of the schedules before he returns theni to his marshal, and on the last page thereof, shall state the whole number of pages in each re

Assistants'compensation for

habitants.

/

Additional com

specified duties,

Proviso.

ance of duties de

meanor,

turn, and certify that they were well and truly made according
to ihe tenor of his oath of office.

Sec. 12. And be it further enacted, That each assistant
enumerating in- shall be allowed as compensation for his services after the ratė

of two cents for each person enumerated; and ten cents a mile
for necessary travel, to be ascertained by multiplying the square
root of the number of dwelling-houses in the division by the
square root of the number of square miles in each division, and
the product shall be taken as the number of miles travelled for
all purposes in taking this census.

Sec. 13. And be it further enacted, That in addition to
pensation for

the compensation allowed for the enumeration of the inhabi-
tants, there shall be paid for each farm fully returned, 'ten
eents; for each establishinent of productive industry, fully taken
and returned, fifteen cents; for the social statistics, two per
cent, upon the amount. allowed for the enumeration of popula-
tion, and for each name of a deceased person returned, two
cents: Provided, however, that in making returns of farms
and establishments of productive industry, the instructions given
by the Secretary of the Interior must be strictly observed, and
no allowance shall be made for any return not authorized by
such instructions, or for any returos not limited .io the year next

preceding the first of June next.
Non-perform- Sec. 14. And be it further enacted, That' any assistant
clared a misde who, having accepted the appointment, shall, without justifia;

ble cause, neglect, or refuse to perform the duties enjoined on
him by this act, shall be guilty of a misdeineanor, and upon
conviction be liable to a forfeiture of five hundred dollars; or
if he shall wilfully make a false qaih, it shall be deemed per-
jury; or if he shall wilfully make a false certificate, it shall be
deemed a misdemeanor, and if convicted or found guilty of either
of the last named offences, he shall forfeit and pay not exceed-
ing five thousand dollars, and be imprisoned not less than iwo
years. And each marshal shall be alike punishable for the two
last named offences when committed by him.

Sec. 15. And be it further enacted, That each and every
ing to give infer: free person more than twenty years of age, belonging to any

, subject
to a forfeit of thir- family residing in any subdivision, and in case of the absence

of the heads and other members of any such family, then any
agent of such family shall be, and each of them hereby is re-
quired, if thereto requested by the marshal or his assistant, io
render a true account to the best of his or her knowledge, of
every person belonging to such family, in the various particulars
required in and by this act, and the iables thereto subjoined, on
pain of forfeiting ibirty dollars, to be sued for and recovered in
an action of debt by the assistant to the use of the United States,

Sec. 16. And be it further enacted, That all fines and pen-
Forced in the 0. alties herein provided for, may be enforced in the courts of the

United States within the States or Territories where such of-
fence shall have been cominitted, or forfeiture incurred.

Sec. 17. And be it further enacted, That the marshals and
nized to transmit their assistants are hereby authorized to qansmit through the

a

Persons refas

Fines and penalties en

S courts.

Marsbals and assistants