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Portion of each of the said assistants a certain division of territory, which . * division shall not consist, in any case, of more than one county, oh, not to but may include one or more towns, townships, wards, hundreds, exceed, &c. precincts, or parishes, and shall be plainly and distinctly bounded;
to be dis- the said enumeration shall be made by an actual inquiry by such
o * marshals or assistants, at every dwelling-house, or by personal i.ention inquiry of the head of every family. The marshals and their
i. i.i.d. i., assistants shall, respectively, before entering on the performance actual inqui. of their duty under this act, take and subscribe an oath or affirmry, &c. ation, before some judge or justice of the peace, resident within
Mohaloc, their respective districts or territories, for the faithful performto take oath
or, &c. ance of their duties. The oath or affirmation of the marshal oth or affir shall be as follows: “I, A. B., marshal of the district (or territory) mation of of —-, do solemnly swear, (or affirm,) that I will truly and
marshal; faithfully cause to be made, a full and perfect enumeration and
§ 3. And be it further enacted, That the marshals shall file one Marshals to copy of each of the several returns aforesaid, and, also, an o copy attested copy of the aggregate amount hereinafter directed, to ” be transmitted by them respectively, to the secretary of state, with the clerks of their respective district or superior courts, as With the, the case may be, who are hereby directed to receive, and care- o: of Dist. fully to preserve, the same ; and the marshals, respectively, shall, §. on or before the first day of February, in the year one thousand Marshals on eight hundred and thirty-one, transmit to the secretary of state, or before Feb. one copy of the several returns received from each assistant, I, 188!,” and, also, the aggregate amount of each description of persons o, within their respective districts or territories; and every marshal state one copy failing to file the returns of his assistants, or the returns of any of each return of them, with the clerks of the respective courts, as aforesaid, or to. failing to return one copy of the several returns received from j each assistant, and, also, the aggregate amount of each descrip- Penalty on tion of persons, in their respective districts or territories, as marshals for required by this act, and as the same shall appear from said . to returns, to the secretary of state, within the time limited by this ol. act, shall, for every such offence, forfeit the sum of one thousand of this act. dollars; which forfeiture shall be recoverable in the courts of the districts or territories where the said offences shall be committed, or within the Circuit Courts held within the same, by action of debt, information or indictment; the one-half to the use of the United States, and the other half to the informer; but, where the prosecution shall be first instituted on behalf of the United States, the whole shall accrue to their use ; and, for the more effectual discovery of such offences, the judges of the several District Courts, in the several districts, and of the Supreme Courts, in the territories of the United States, as aforesaid, at their next session, U. S. judges to be held after the expiration of the time allowed for making o this
- - in charge
the returns of the enumeration, hereby directed, to the secretary . grand of state, shall give this act in charge to the grand juries, in their juries, &c. respective courts, and shall cause the returns of the several assistants, and the said attested copy of the aggregate amount, to be laid before them for their inspection. And the respective of clerks of the said courts shall, within thirty days after the said to: to original returns shall have been laid before the grand juries Dept. of aforesaid, transmit and deliver all such original returns, so filed, State, the reto the department of state. turns, &c.
§ 4. And be it further enacted, That every assistant shall compensa. receive at the rate of one dollar and twenty-five cents for every tion of assishundred persons by him returned, where such persons reside in tant* the country; and, where such persons reside in a city or town, containing more than three thousand persons, such assistant shall receive at the same rate for three thousand, and at the rate of one dollar and twenty-five cents 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, one dollar and twenty-five cents will not be sufficient for one hundred persons, the marshals, with the approbation of the ol. judges of their respective districts or territories, may make such ...". further allowance to the assistants, in such divisions, as shall be tants.
Compensation of Marshals.
deemed an adequate compensation: Provided, The same does not
The marshal of the district of Georgia, three hundred and fifty dollars. o: marshal of the district of east Tennessee, two hundred dollars. The marshal of the district of west Tennessee, two hundred dollars. The marshal of the district of Ohio, four hundred dollars. d o marshal of the district of Indiana, two hundred and fifty ollars. The marshal of the district of Illinois, two hundred dollars. The marshal of the district of Mississippi, two hundred dollars. The marshals of the districts of Louisiana, one hundred and twenty-five dollars each. d The marshal of the district of Alabama, two hundred and fifty ollars. The marshal of the district of Missouri, two hundred dollars. The marshal of the district of Columbia, one hundred dollars. The marshal of the Michigan territory, one hundred and fifty dollars. d The marshal of the Arkansas territory, one hundred and fifty ollars. The marshals of the territory of Florida, respectively, one hundred dollars. § 5. And be it further enacted, That every person whose usual Mode of re. place of abode shall be in any family, on the said first day in June, .: one thousand eight hundred and #. shall be returned as of . : such family; and the name of every person who shall be an inha- sons. bitant 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 in June; 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. § 6. And be it further enacted, That each and every free per-Boys. son, more than sixteen years of age, whether heads of families or *...r not, belonging to any family within any division, district or terri- to assist tory made or established within the United States, shall be, and a true j 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 Penalty. dollars, to be sued for and recovered, in any action of debt, such assistant; the one half to his own use, and the other half to the use of the United States. § 7. And be it further enacted, That each and every assist-Assistants to ant, previous to making his return to the marshal, shall cause a ...” correct copy, signed by himself, of the schedule containing the . o 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 i". for each of which copies the said Compensaassistant shall be entitled to receive five dollars: Provided, proof.”. of the schedule having been set up, shall be transmitted to the so: Setting
up of schedule marshal, with the return of the number of persons, and in case £o proved, 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'y of state , § 8. And be it further enacted, That the secretary of state shall ... be, and hereby is authorised and required to transmit to the mar.” shals 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. Provision re. § 9. And be it further enacted, That those states composing 5..." two districts, and where a part of a county may be in each distwo ... trict, such county shall be considered as belonging to that district in which the court-house of said county may be situate. ‘. § 10. And be it further enacted, That in all cases where the ... superficial content of any county or parish shall exceed twenty sistants in miles square, and the number of inhabitants in said parish or certain cases 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 Proviso: deemed reasonable; Provided, The same does not exceed four . dollars for every fifty persons by them returned; and when any ion not to - ... 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. 3000 copies of § 11. And be it further enacted, That when the aforesaid enu..o.o. meration shall be completed, and returned to the office of the printed foruse secretary of state, by the marshals of the states and territories, ofCongress, he shall direct the printers to Congress to print for the use of Congress, three thousand copies of the aggregate returns received Proviso: from the marshals: And provided, That if any marshal in any . o, district within the t;" consideration indirectly ask, demand or receive, or contract to receive of any for app’t of 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 Penalty. 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. Remunera- § 12. And be it further enacted, That there shall be allowed *** and paid to the marshals of the several states, territories, and the
States or territories, shall directly or .