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solemnly swear (or affirm) that I will make a just, faithful, and perfect enumeration and description of all persons resident within the division assigned to me for that purpose by the marshal of the district (or territory) of - and make due return thereof to the said marshal, agreeably to the directions of an act of Congress entitled 'An act to provide for taking the sixth census or enumeration of the inhabitants of the United States,' according to the best of my ability, and that I will take the said enumeration and description by actual inquiry at every dwelling house within said division, or personal inquiry of the head of every family, and not otherwise." The enumeration shall commence on the first day of June, in the year one thousand eight hundred and forty, and shall be completed and closed within ten calendar months thereafter. The several assistants shall, within nine months, and on or before the first day of October, one thousand eight hundred and forty, deliver to the marshals by whom they shall be appointed, respectively, two copies of the accurate returns of all persons, except Indians not taxed, to be enumerated as aforesaid, within their respective divisions; which returns shall be made in a schedule, and which shall distinguish, in each county, city, town, township, ward, precinct, hundred, district, or parish, according to the civil divisions of the states or territories, respectively, the several families, by the name of the head thereof.

Sec. 2. And be it further enacted, That every assistant failing, or neglecting to make a proper return, or making a false return of the enumeration to the marshal, within the time limited by this act, shall forfeit the sum of two hundred dollars, recoverable in the manner pointed out in the next section hereof.

SEC. 3. And be it further enacted, That the marshals shall file one copy of each of the several returns aforesaid, and, also, an 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 districts or superior courts, as the case may be, who are hereby directed to receive, and carefully to preserve, the same; and the marshals, respectively, shall, on or before the first day of December, in the year one thousand eight hundred and forty, transmit to the Secretary of State one copy of the several returns received from each assistant, and, also, the aggregate amount of each description of persons within their respective districts or territories; and every marshal 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 failing to return one copy of the several returns received from each assistant, and, also, the aggregate amount of each descrip: tion of persons in their respective districts or territories, as required by this act, and as the same shall appear from said returns, to the Secretary of State, within the time limited by this act, shall, for every such offense, forfeit the sum of one thousand dollars; which forfeiture shall be recoverable in the courts of the districts or territories where the said offenses shall be committed, or within the circuit courts held within the same, by action of debt, information or indictment; the one half thereof 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 offenses, 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 to be held after the expiration of the time allowed for making the returns of the enumeration hereby directed to the Secretary of State, shall give this act in charge to the grand juries in their 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 the said courts shall, within thirty days after the said original returns shall have been laid before the grand juries aforesaid, transmit and deliver all such original returns, so filed to the department of State.

SEC. 4. And be it further enacted, That every assistant shall receive at the rate of two dollars for every hundred persons by him returned, where such persons reside in 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 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 assistants in such divisions as shall be deemed an adequate compensation: Provided, The same does not exceed two dollars and fifty cents, for every fifty persons by them returned: Provided, further; That before any assistant as aforesaid, shall, in any case, be entitled to receive sud compensation, he shall take and subscribe the following oath or affirmation, before some judge or justice of the peace, authorized to administer the same, to wit: “I, A B, do solemnly swear (or affirm) that the number of persons set forth in the return

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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.”'

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;
The marshal of the western district of Virginia, four hundred dollars;
The marshal of the district of Kentucky, four hundred and fifty dollars;
The marshal of the district of North Carolina, four hundred and fifty dollars;
The marshal of the district of South Carolina, four hundred and fifty dollars;
The marshal of the district of Georgia, four 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 middle district of Tennessee, two hundred dollars;
The marshal of the district of Ohio, five hundred dollars;
The marshal of the district of Indiana, four hundred and fifty dollars;
The marshal of the district of Illinois, three hundred dollars;
The marshal of the northern district of Mississippi, two hundred dollars;
The marshal of the southern district of Mississippi, two hundred dollars;
The marshals of the districts of Louisiana, two hundred dollars each;
The marshal of the northern district of Alabama, two hundred dollars;
The marshal of the southern district of Alabama, two hundred dollars;
The marshal of the District of Columbia, one hundred and fifty dollars;
The marshal of the district of Michigan, two hundred and fifty dollars;
The marshal of the district of Arkansas, two hundred and fifty dollars;
The marshals of the Territory of Florida, respectively, fifty dollars;
The marshals of the Territory of Wisconsin, two hundred and fifty dollars;
The marshals of the Territory of Iowa, two hundred and fifty dollars.

SEC. 5. And be it further enacted, That every person whose usual place of abode shall be in any family on the said first day 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 belonging to the place in which he or she usually resides in the United States.

Sec. 6. And be it further enacted, That each and every free person more than sixteen years of age, whether heads of families or not, belonging to any family within any division, district, or territory, made or established within the United States, shall 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 knowledge, of 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 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.

Sec. 7. And be it further enacted, That each and every assistant, previous to making his return to the marshal, shall 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 receive five dollars: Prorided, Proof of the schedule having been set up shall be transmitted to

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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 by this act.

SEC. 8. And be it further enacted, That the Secretary of State shall be, and hereby is, authorized and required to transmit 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 returnel, ami 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 may be situate.

Sec. 10. And be it further enacted, That, in all cases where 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: Pri vided, The same does not exceed four dollars for every fifty persons by them returned; and when any such county or parish shall exceed forty niiles 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.

SEC. 11. And be it further enacted, That when the aforesaid enumeration shall be completed and returned to the office of the Secretary of State by the marshals of the states and 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 marshak: And provided, That if any marshal, in any district within the United States of territories, shall, directly or indirectly, ask, demand, or receive, or contract to receive, of any assistants to be appointed by him under this act, any fee, reward, or como pensation, for the appointment of such assistant to discharge the duties requiret of such assistant under this act, or shall retain from such assistant any portion of the compensation allowed to 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 offense, 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.

SEC. 12. And be it further enacted, That there shall be allowed and paid to the marshals of the several states, territories, 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 receiving pensions from the United States for revolutionary or military services, stating their names and ages; and also shall collect and return in statistical tables, under proper heads, according to such forms as shall be furnished, all such information in relation to mines, agriculture, commerce, manufactures, and schools, as will exhibit a full view of the pursuits, industry, education and resources of the country, as shall be directed by the President of the United States. And it shall be the duty of the Secretary of State, under the direction of the President, to prepare such forms, regulations, and instructions, as shall be necessary and proper to comply with the provisions of this act.

Sec. 14. And be it further enacted, That the sum of twenty thousand 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 3, 1839.

AN ACT to amend the act " to provide for taking the sixth census or enumeration of the inhabita's

of the United States," approved March third, eighteen hundred and thirty-nine. Be it enacted by the Senate and House of Representatives of the United States of Amir in Congress assembled, That the enumeration shall commence on the first day of June. in the year eighteen hundred and forty, and shall be completed and closed within five calendar months thereafter. The several assistants shall within five months. and on or before the first day of November, eighteen hundred and forty, deliver to the marshals, by whom they shall be appointed, two copies of the returns of the enumeration and statistical tables, and the marshals respectively, shall, on or before the first day of December, in the year eighteen hundred and forty, transmit to the Secretary of State one copy of the several returns and statistical tables, and also the aggregate amount of each'description of persons within their respective districts or territories, and an aggregate also of the statistical information obtained within said districts.

Sec. 2. And be it further enacted, That in the enumeration of transient persons, 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 June, eighteen hundred and forty.

SEC. 3. And be it further enacted, That the compensation of the marshal of Missouri shall be three hundred dollars.

Sec. 4. And be it further enacted, That in lieu of the five dollars heretofore provided as compensation to the assistants for each of the two correct copies of the schedules containing the number of inhabitants within his division to be set up in two of the most public places within the same, that there be allowed for said copies, and each assistant shall be entitled to receive, at the rate of five dollars for ten sheets, or in that proportion for a less number, and at the rate of thirty cents for every sheet over ten in the copy of the return. And in all cases, where the assistants to the marshals shall have performed the duties and made the returns required by the thirteenth section of the act for taking the sixth census, they shall be allowed therefor a sum equal to twenty per centum on the allowance made to them respectively, for the enumeration.

Sec. 5. And be it further enacted, That the copies of returns and aggregate amounts, directed to be filed by the marshals with the clerks of the several District Courts and Supreme Courts of the territories of the United States, shall be preserved by said clerks and remain in their offices respectively, and so much of the act to which this is an amendment as requires that they shall be transmitted by said clerks to the Department of State is hereby repealed.

Sec. 6. And be it further enacted, That it shall be the duty of the Secretary of State to cause to be noted all the clerical errors in the returns of the marshals and assistants, whether in the additions, classification of inhabitants or otherwise, and to direct to be printed in the manner provided for in the act to which this is an amendment the corrected aggregate returns only.

SEC. 7. And be it further enacted, That so much of the thirteenth section of the act of the third of March, one thousand eight hundred and twenty-five, as restricts the weight of packages by mail, shall not apply to the transmission of papers relating to the census or enumeration of the inhabitants of the United States, and upon the transmission of said papers by the mail, between the marshals and their assistants, it shall be lawful for the postmasters to charge periodical pamphlet postage only.

Sec. 8. And be it further enacted, That it shall be lawful for the marshal of any district, to take part in the enumeration of a portion of his district, and upon his so doing he shall have the benefit of the compensation allotted therefor, as if it had been done by an assistant.

Sec. 9. And be it further enacted, That the compensation of the respective persons who are employed by the Secretary of State in executing the provisions of this act, shall be, fifteen hundred dollars to the superintending clerk, per annum; to the recording clerk, eight hundred dollars per annum; to an assistant clerk, six hundred and fifty dollars per annum; and to the packer and folder, six hundred and fifty dollars per annum; and the said salaries shall commence from the date of their being so employed, and that of the persons to be employed, to examine and correct the returns from the marshals and their assistants, at the same rates as were paid for the like services rendered under the act for taking the fifth census, to be paid out of any money appropriated for carrying into effect the act for taking the sixth census or enumeration of the inhabitants of the United States.

Sec. 10. And be it further enacted, That all acts and parts of acts whose provisions are inconsistent with the enactments of this amendatory act, are hereby repealed.

Approved, February 26, 1840.

ACTS APPROVED MAY 23, 1850, AND AUGUST 30, 1850. AN ACT providing for the taking of the seventh and subsequent censuses of the United States, and

to fix the number of the meinbers of the House of Representatives, and provide for their future apportionment among the several States.

I.-Of the duties, liabilities, and compensation of marshals. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the marshals of the several districts of the United States, including the District of Columbia and the territories, are hereby required respectively to cause all the inhabitants to be enumerated, and to collect all the other statistical information within their respective districts, in the manner provided for in this act, and specified in the instructions which shall be given by the Secretary of the Interior, and in the tables annexed, and to return the same to the said Secretary on or before the first day of November next ensuing, omitting from the enumeration of the inhabitants Indians not taxed; also, at the discretion of said Secretary, any part or all the statistics of the territories except those of population: Provided, hoverer, And if 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 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 marshals shall, before entering upon his duties, take and subscribe the following oath, or affirmation, before any círcuit 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 inhabitants of the said district, and will collect, or cause to be collected, the other statistical information within the same, and will faithfully perform all the duties enjoined on me by the act providing for the taking of the Seventh Census.

And when duly authenticated by the said judge, he shall deposit 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 number causes inconvenient boundaries, in which case the number may be larger; 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 boundaries, such as rivers, lakes, etc.

SEC. 4. And be it further enacted, That each marshal shall appoint an assistant for each such subdivision, who is a resident therein, to whom he shall give a commission under his hand, authorizing him to perform the duties herein assigned to assistants, 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 the Department of the Interior, the blanks provided for the enumeration of the population, and the collection of other statistics, 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 wheiher the return of each assistant marshal be made in conformity with the terms of this aet, 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 shall, by any arrangement or understanding whatever, secure 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 offense, forfeit and pay not less than one thousand dollars.

Sec. 7. And be it further enacted, That any marshal of 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 appoint

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