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and delivery

ces of residence, &c.

lets, from the channel between Pamticoe Sound and Albemarle Sound, inclusive: The other to be called the district of Cambden, and to comprehend North River, Pasquotank, and Little Rivers, and all the waters, shores, bays, harbors, creeks, and inlets, from the junction of Currituck and Albemarle Sounds, to the northern extremity of Back Bay. That in the district of Ports of entry Wilmington, the town of Wilmington shall be a port of entry in North Ca- and delivery, and Swansborough a port of delivery only; and rolina; collec- there shall be a collector, naval officer, and surveyor, to reside tors, naval of at the said town of Wilmington, and a surveyor to reside at ficers, surveyors, their pla- Swansborough. That in the district of Newbern, the town of Newbern shall be a port of entry and delivery, and the town of Beaufort a port of delivery only; and there shall be a collector to reside at Newbern, and a surveyor to reside at Beaufort. That in the district of Washington, the town of Washington shall be the sole port of entry and delivery, and there shall be a collector to reside at the same. That in the district of Edenton, the town of Edenton shall be a port of entry and delivery; and Hartford, Murpheysborough, Plymouth, Winsor, Skewarkey, Winton, and Bennet's Creek, ports of delivery; and there shall be a collector at the town of Edenton, and a surveyor at Hartford, another surveyor at Murpheysborough, one surveyor at each of the ports of Plymouth, Winsor, Skewarkey, Winton, and Bennet's Creek. That all ships or vessels, intending to proceed Vessels bound to Hartford, Plymouth, Winsor, Skewarkey, Winton, Bennet's to certain pla- Creek, or Murpheysborough, shall first come to and enter at the port of Edenton. That in the district of Cambden, Plankbridge, on Sawyer's Creek, shall be the port of entry and delivery, and Nixonton, Indiantown, Newbiggin Creek, Currituck Inlet, and Pasquotank River Bridge, ports of delivery; and there shall be a collector at Plankbridge on Sawyer's Creek, and a surveyor at each of the ports of Nixonton, Indiantown, Currituck Inlet, Pasquotank River Bridge, and Newbiggin Creek: And that the authority of the officers of each district shall extend over all the waters, shores, bays, harbors, creeks, and inlets, comprehended

ces, to enter at Edenton.

Extent of au

thority of the

custom house officers.

Sole ports of entry in North Carolina for

within such district.

§ 3. That the ports of Wilmington, Newbern, Washington, and Edenton, shall be the sole ports of entry within the said vessels not re- state of North Carolina, for ships or vessels not registered or ligistered or licensed within the United States, according to law, and for all censed, &c. ships or vessels whatsoever, which shall arrive from the Cape of Good Hope, or any place beyond the same.

Provisions of

§ 4. That all the regulations, provisions, exceptions, allowthe act, &c. ances, compensations, directions, authorities, penalties, forfeitapplicable, under this act, ures, and other matters, whatsoever, contained or expressed in to the state of the act, entitled "An act to regulate the collection of the duties N. Carolina. imposed by law on the tonnage of ships or vessels, and on goods,

Vol i. p. 6.

wares, and merchandises, imported into the United States," and not locally inapplicable, shall have the like force and effect within the said state of North Carolina, for the collection of the said duties, as elsewhere within the United States, and as if the same were repeated and re-enacted in this present act.

§ 5. That the thirty-ninth section of the said act, and the Proviso; as to third section of an act, entitled "An act to suspend part of an the 39th and the nullity of act, entitled "An act to regulate the collection of the duties 3d sections of imposed by law on the tonnage of ships or vessels, and on goods, certain acts. wares, and merchandizes, imported into the United States, and Vol. i. p. 50. for other purposes," did, by virtue of the adoption of the constitution of the United States, by the said state of North Carolina, cease to operate in respect of the same.

ions of "an

tended to N.

§ 6. That the act entitled "An act for registering and clearing The provis vessels, regulating the coasting trade, and for other purposes,' act for regis shall, after the expiration of thirty days from the passing of this tering and act, have the like force and operation within the said state of clearing ves North Carolina, as elsewhere within the United States, and as if sels," &c. exthe several clauses thereof were repeated, and re-enacted in this Carolina, Vol. present act. i. p. 33. The 2d and 4th sections of revived and continued till 1790, with re1st April,

a certain act,

§ 7. That the second section of the act, entitled "An act to suspend part of an act, entitled "An act to regulate the collection of duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandizes, imported into the United States, and for other purposes," passed the sixteenth day of Sep tember last, shall, with respect to the inhabitants and citizens of spect to Rhode the state of Rhode Island and Providence Plantations, be revived, Island, &c. and also, that the fourth section of the said act shall be revived, Vol. i. p. 50. and both continue in force until the first day of April next, and no longer. [Approved, February 8, 1790.]

CHAP. 29. [2] An act providing for the enumeration of the inhabitants of the

United States.

[Obsolete.]

ration.

ants, &c.

§ 1. Be it enacted, &c. That the marshals of the several dis- Marshals to tricts of the United States, shall be, and they are hereby autho- cause enumerized and required, to cause the number of the inhabitants, within their respective districts, to be taken; omitting, in such enu- Mode of enumeration, Indians not taxed, and distinguishing free persons, in- meration. cluding those bound to service for a term of years, from all others; distinguishing, also, the sexes and colours of free persons, and the free males of sixteen years and upwards, from those under that age; for effecting which purpose, the marshals shall Marshals may have power to appoint as many assistants, within their respective appoint assistdistricts, as to them shall appear necessary; assigning to each assistant a certain division of his district, which division shall consist of one or more counties, cities, towns, townships, hundreds, or parishes, or of a territory, plainly and distinctly bounded by water courses, mountains, or public roads. The marshals Marshals and and their assistants shall, respectively, take an oath or affirma- take an oath, tion, before some judge, or justice of the peace, resident within &c. their respective districts, previous to their entering on the discharge of the duties by this act required. The oath or affirma- Form of the tion of the marshal shall be, “I, A. B. marshal of the district of 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, and return the same to the president of the United States, agreeably to the directions of an act of congress, entitled "An act providing for the enumeration of

VOL. I.

10

assistants to

marshal's

oath.

Form of the assistant's oath.

tion to commence first Monday in Aug. 1790, and end in nine months.

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 by the marshal of the district of

and make due return thereof to the said marshal, agreeably to the directions of an act of congress, entitled "An act providing for the enumeration of the inhabitants of the United States," according to The enumera- the best of my ability." The enumeration shall commence on the first Monday in August next, and shall close within nine calendar months thereafter: The several assistants shall, within the said nine months, transmit to the marshals 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 the several families, by the names of their master, mistress, steward, overseer, or other principal person therein, in manner following, that is to say:

Returns to be
by schedule,
&c.

Form of the schedule.

The number of persons within my division, consisting of appears in a schedule hereunto annexed, subscribed by me this day of

A. B. assistant to the marshal of

179

Schedule of the whole number of persons within the division allotted to

[blocks in formation]

Forfeiture for false return,

of families.

2. That every assistant failing to make return, or making a false return of the enumeration to the marshal, within the time &c. by assist- by this act limited, shall forfeit the sum of two hundred dollars.

ants.

Marshals to

file return with the clerks of

the district courts, and

transmit the

aggregate

§ 3. That the marshals shall file the several returns aforesaid, with the clerks of their respective district courts, who are hereby directed to receive and carefully preserve the same: And the marshals, respectively, shall, on or before the first day of September, one thousand seven hundred and ninety-one, transmit to the president of the United States, the aggregate amount amount there of each description of persons within their respective districts. of to the presi- And every marshal failing to file the returns of his assistants, or dent, on or before the 1st of any of them, with the clerks of their respective district courts, September, or failing to return the aggregate amount of each description of persons in their respective districts, as the same shall appear Forfeiture on from said returns, to the president of the United States, within failure, 800 dollars. the time limited by this act, shall, for every such offence, forfeit Recovery of the sum of eight hundred dollars; all which forfeitures shall be forfeitures. recoverable in the courts of the districts where the offences shall be committed, or in the circuit courts to be held within the

1791.

same, by action of debt, information or indictment; the one half thereof to the use of the United States, and the other half to Half to the inthe informer; but where the prosecution shall be first instituted former; except, &c. on behalf of the United States, the whole shall accrue to their use. And for the more effectual discovery of offences, the judges This act to be of the several district courts, at their next sessions to be held given in after the expiration of the time allowed for making the returns charge to of the enumeration hereby directed, to the president of the Uni- grand juries. ted States, shall give this act in charge to the grand juries, in their respective courts, and shall cause the returns of the several assistants to be laid before them for their inspection.

pensation to

§ 4. That every assistant shall receive at the rate of one dol- Rate of comlar for every one hundred and fifty persons by him returned, assistants. where such persons reside in the country; and where such persons reside in a city, or town, containing more than five 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 one hundred and fifty persons shall be insufficient, the marshals with the approbation of the judges of their respective districts, 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 for every fifty persons by them returned. The several marshals shall receive Compensation

as follows: The marshal of the district of Maine, two hundred to marshals. dollars; the marshal of the district of New Hampshire, two hundred dollars; the marshal of the district of Massachusetts, three hundred dollars; the marshal of the district of Connecticut, two hundred dollars; the marshal of the district of New York, three hundred dollars; the marshal of the district of New Jersey, two hundred dollars; the marshal of the district of Pennsylvania, three hundred dollars; the marshal of the district of Delaware, one hundred dollars; the marshal of the district of Maryland, three hundred dollars; the marshal of the district of Virginia, five hundred dollars; the marshal of the district of Kentucky, two hundred and fifty dollars; the marshal of the district of North Carolina, three hundred and fifty dollars; the marshal of the district of South Carolina, three hundred dollars; the marshal of the district of Georgia, two hundred and fifty dollars. And to obviate all doubts which may arise, respecting the persons to be returned, and the manner of making returns,

sidence.

§ 5. That every person, whose usual place of abode shall be Rules for asin any family on the aforesaid first Monday in August next, shall certaining rebe returned as of such family; and the name of every person, who shall be an inhabitant of any district, but without a settled place of residence, shall be inserted in the column of the aforesaid schedule, which is allotted for the heads of families, in that division where he or she shall be on the said first Monday in August next; and every person occasionally absent at the time of the enumeration, as belonging to that place in which he usually Persons more resides in the United States.

§ 6. That each and every person, more than sixteen years of age, whether heads of families or not, belonging to any family

than sixteen

years old, to

render true accounts of families.

20 dolls. for feiture for re

fusal.

Assistants to set up two

copies of sche dule, &c.

Two dollars

within any division of a district, made or establised within the United States, shall be, and hereby is, obliged to render to such assistant of the division, a true account, if required, to the best of his or her knowledge, of all and 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 by such assistant, the one half for his own use, and the other half for the use of the United States.

§ 7. That each assistant shall, previous to making his return to the marshal, cause a correct copy, signed by himself, of the schedule, containing the number of inhabitants 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 refor each copy, ceive two dollars, provided proof of a copy of the schedule having been set up and suffered to remain, 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, he shall forfeit the compensation by this act allowed him. [Approved, March 1, 1790.]

on proof.

Forfeiture on failure.

Repealed.
Vol. i. p. 330.
Aliens, resi-
dent two

years, may be
admitted citi

zens, &c.

racter, &c.

Record of application, &c.

CHAP. 30. [3.] An act to establish an uniform rule of naturalization. § 1. Be it enacted, &c. That any alien, being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof, on application to any common law court of record, in any one of the states wherein he shall have resided for the term of one year at least, and makProof of cha- ing proof, to the satisfaction of such court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the constitution of the United States, which oath or affirmation such court shall administer; and the clerk of such court shall record such application, and the proceedings thereon; and thereupon such person shall be considered as a citizen of the United States. And the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years, at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States, that may be born citizens born beyond sea, or out of the limits of the United States, shall be beyond sea, considered as natural born citizens: Provided, That the right &c. of citizenship shall not descend to persons whose fathers have Proviso; as to never been resident in the United States; Provided also, That paternal resi no person heretofore proscribed by any state, shall be admitted dence. a citizen as aforesaid, except by an act of the legislature of the Proviso; as to persons state in which such person was proscribed. [Approved, March proscribed. 26, 1790.]

Children of naturalized citizens, &c.

Children of

i.

Repealed, vol, p. 656, 663, Collectors, &c. to attend to,

and enforce,

CHAP. 32. [5]. An act to prevent the exportation of goods not duly inspected according to the laws of the several states.

§ 1. Be it enacted, &c. That the collectors and other officers of the customs in the several ports of the United States, be, and the inspection they are hereby, directed to pay due regard to the inspection several states. laws of the states in which they may respectively act, in such

laws of the

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