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to be dis.
to take oath
Portion of each of the said assistants a certain division of territory, which territory as
division shall not consist, in any case, of more than one county, signed to each, not to but may include one or more towns, townships, wards, hundreds, exceed, &c. precincts
, or parishes, and shall be plainly and distinctly bounded;
the said enumeration shall be made by an actual inquiry by such tinctly de
marshals or assistants, at every dwelling-house, or by personal fined. Enumeration
inquiry of the head of every family. The marshals and their to be made by assistants shall, respectively, before entering on the performance actual inqui. of their duty under this act, take and subscribe an oath or affirm
ation, before some judge or justice of the peace, resident within Marshals,&c. their respective districts or territories, for the faithful perform
ance of their duties. The oath or affirmation of the marshal Oath 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
description of all persons resident within my district, (or terri-
the United States,' according to the best of my ability.” The of assistant. oath or affirmation of an assistant shall be as follows: “I, A. B.,
appointed an assistant to the marshal of the district, (or territory)
at every dwelling-house within said division, or personal inquiry Enumera
of the head of every family, and not otherwise.” The enumemence June
ration shall commence on the first day in June. in the year one 1st, 1830. thousand eight hundred and thirty, and shall be completed and Close within closed within six calendar months thereafter: the several assissix months. Assistants on
tants shall, within the said six months, and on or before the first or before Dec. day of December, one thousand eight hundred and thirty, deliver 1,1830, to to the marshals, by whom they shall be appointed, respectively, deliver 2 copies of re.
two copies of the accurate returns of all persons, except Indians turns, &c.
not taxed, to be enumerated, as, aforesaid, within their respective
divisions; which returns shall be made in a schedule, the form of
county, city, town, township, ward, precinct, hundred, district,
neglecting to make a proper return, or making a false return, of
tion to com
file one copy
clerks of Dist.
of each return
§ 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
of, &c. 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 carefully to preserve, the same; and the marshals, respectively, shall, Courts: 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, 1, 1831, to and, also, the aggregate amount of each description of persons secretary of 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 them, with the clerks of the respective courts, as aforesaid, or assistant, and failing to return one copy of the several returns received from also, &c. 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 neglecting to
perform the returns, to the secretary of state, within the time limited by this
requirements 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 act in charge the returns of the enumeration, hereby directed, to the secretary to 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 Clerks of clerks of the said courts shall, within thirty days after the said transmit 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 Compensareceive at the rate of one dollar and twenty-five cents for every tion of assis. hundred persons by him returned, where such persons reside in tants. 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 Extraordinajudges of their respective districts or territories, may make such compensa. further allowance to the assistants, in such divisions, as shall be tants.
Oath to be ta.
Proviso: Ex. deemed an adequate compensation: Provided, The same does not
as aforesaid, shall, in any case, be entitled to receive said comProviso:
pensation, he shall take and subscribe the following oath or affirken by assist, mation, before some judge or justice of the peace, authorsied to ants, before administer the same, to wit : "I, A. B., do solemnly swear (or receiving affirm) that the number of persons set forth in the return made compensa
by me, agreeably to the provisions of the act, entitled “ An act to
the return aforesaid is correct and true, according to the best of
The marshal of the district of Maine, three hundred dollars.
The marshal of the district of New Hampshire, three hundred dollars.
The marshal of the district of Massachusetts, three hundred and fifty dollars.
The marshal of the district of Rhode Island, two hundred dollars.
The marshal of the district of Vermont, three hundred dollars.
The marshal of the district of Connecticut, two hundred and fifty dollars.
The marshal of the southern district of New York, three hundred dollars.
The marshal of the northern district of New York, three hundred dollars.
The marshal of the distict of New Jersey, two hundred and fifty dollars.
The marshal of the eastern district of Pennsylvania, three hundred dollars.
The marshal of the western district of Pennsylvania, three hundred dollars.
The marshal of the district of Delaware, one hundred and fifty dollars.
The marshal of the district of Maryland, three hundred and fifty dollars.
The marshal of the eastern district of Virginia, three hundred dollars.
The marshal of the western district of Virginia, three hundred dollars.
The marshal of the district of Kentucky, three 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 and fifty dollars.
The marshal of the district of Georgia, three hundred and fifty dollars.
The 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.
The marshal of the district of Indiana, two hundred and fifty dollars.
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.
The marshal of the district of Alabama, two hundred and fifty dollars.
The marshal of the district of Missouri, two hundred dollars.
The marshal of the Michigan territory, one hundred and fifty dollars.
The marshal of the Arkansas territory, one hundred and fifty dollars.
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, turning cer. one thousand eight hundred and thirty, shall be returned as of tions of per 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- Every free son, more than sixteen years of age, whether heads of families or person over 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 statehereby is, obliged to render to the assistant of the division, if ment of, &c. 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, by such assistant; 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
set up copies ant, previous to making his return to the marshal, shall cause a
of schedule, correct copy, signed by himself, of the schedule containing the &c. 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
Compensaassistant shall be entitled to receive five dollars: Provided, proof
tion. Provi. 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 to be 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 Penalty.
the compensation allowed him by this act. Sec'y of state $ 8. And be it further enacted, That the secretary of state shall to transmit
be, and hereby is authorised and required to transmit to the mar-
shals of the several districts and territories, regulations and in-
two districts, and where a part of a county may be in each discomposing two districts. trict, such county shall be considered as belonging to that district
in which the court-house of said county may be situate. Compensa § 10. And be it further enacted, That in all cases where the tion of mar. shal and as
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 respec
tive districts or territories, such further compensation as shall be Proviso: deemed reasonable; Provided, The same does not exceed four Compensa
dollars for every fifty persons by them returned ; and when any
such county or parish shall exceed forty, miles square, and the
every fifty persons so returned.
Congress, three thousand copies of the aggregate returns received Proviso: from the marshals: And provided, That if any marshal in any Marshals not district within the United States or territories, shall directly or 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 assistant, &c. 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
paying the same, in any court having jurisdiction of the same. Remunera § 13. And be it further enacted, that there shall be allowed tion to mar- and paid to the marshals of the several states, territories, and the