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to be laken before receiving
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
not exceed two dollars and fifty cents, for every fifty persons by Proviso, an oath them returned : Provided, further, That before any assistant
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, io wit: “1, 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:
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 hundred 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 hundred 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;
N. Y. S. Dist.
N. Y. N. Dist.
Pa. E. Dist.
Pa. W. Dist.
Va. E. Dist.
Va. W. Dist.
Miss. N. 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;
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 hundred 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 hundred 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 Fi. 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 in Mode of return
per 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
Al. N. Dist.
son above the age
and distustu of.
up a correct copy
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, to give in person more than sixteen years of age, whether heads of famiformation under lies or not, belonging to any family within any division, district, of
or Territory, made or established within the United States, shali 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 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 schelule at two assistant, previous to making his return to the marshal, shall lic placest 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 for each copy. 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 hina by this act.
Sec. 8. And be it further enacted, That the Secretary of shals, regulations State shall be, and hereby is, authorized and required 10 transand instructions, 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.
Sec. 9. And be it further enacted, That, in those States composing two districts, where a part of a county may be in each district, such county shall be considered as belonging to that district in which the court house of said county may be situate.
Sec. 10. And be it further enacted, That, in all cases where pensation allow.
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
Sec. of State to
Where a co, is in two disis., it shall belong to the dist. where the court house is.
ed in cases.
Proviso: mar sbals not to de
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 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 marshal, 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 assistance 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 froin 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 offence, to be recovered by suit or indictment in any circuit or w be 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 marshals 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 suils, relation to mines, agriculture, commerce, manufactures, and sources 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 sate, under necessary and proper to comply with the provisions of this act.
Sec. 14. Be it further enacted, That the sunı of twenty $20,000 approthousand 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, 1939.
der this act.
A census of ponsioners to be
industry, education and recountry to be col.
rection of the President.
of Oct. annually, cessary touching
E Tenn to be holden on
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. juder for sembled, That it shall be the duty of the district judge of Mis
St. Louis souri to attend at St. Louis, on the first Monday of October on 1st Monday
annually, who shall have power to make all necessary orders to make we touching any suit, action, appeal, writ of error, process, plead
, 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 on Ist Monday
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
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 Isı nessee shall be holden on the first Mondays of March and Marchand 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 returnable to at the places now prescribed by law, and exercise all the powers
and jurisdiction they now enjoy.
Sec. 3. And be it further enacted, That from and after the for $. dist. Al. first day of June next the circuit court of the United States for on 21 Monday or the southern district of Alabama shall commence its terms on the Monday auf Nov. second Monday of March and the fourth Monday of November, annually. 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 MonApril, and 30 day of April and the third Monday of December in each and Monulay, of Dec. every year; and all writs, pleas, suits, recognizances, indictments Wohs.opeas
, 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.
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 or ock. 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 change had been
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.
After 1st June next,circuit court
Circuit & dist. courts for Mich.