TWENTY-FIRST CONGRESS. Sess. I. Cn. 40. 1830.
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to receive, and carefully to preserve, the same : and the marshals, re-spectively, shall, on or before the first day of February, in the year onethousand eight hundred and thirty-one, transmit to the Secretary ofState, one copy of the several returns received from each assistant, and,also, the aggregate amount of each description of persons within theirrespective districts or territories; and every marshal failing to file thereturns of his assistants, or the returns of any of them, with the clerksof the respective courts, as aforesaid, or failing to return one copy of theseveral returns received from each assistant, and, also, the aggregateamount of each description of persons, in their respective districts orterritories, as required by this act, and as the same shall appear fromsaid returns, to the Secretary of State, within the time limited by thisact, shall, for every such offence, forfeit the sum of one thousand dol-lars ; which forfeiture shall be recoverable in the courts of the districtsor territories where the said offences shall be committed, or within thecircuit courts held within the same, by action of debt, information, orindictment; the one half thereof to the use of the United States , andthe other half to the informer; but, where the prosecution shall be firstinstituted on behalf of the United States , the whole shall accrue to theiruse; and, for the more effectual discovery of such offences, the judgesof the several district courts, in the several districts, and of the SupremeCourts in the territories of the United States , as aforesaid, at their nextsession, to be held after the expiration of the time allowed for makingthe returns of the enumeration, hereby directed, to the Secretary ofState, shall give this act in charge to the grand juries, in their respectivecourts, and shall cause the returns of the several assistants, and the saidattested copy of the aggregate amount, to be laid before them for theirinspection. And the respective clerks of the said courts shall, withinthirty days after the said original returns shall have been laid before thegrand juries aforesaid, transmit and deliver all such original returns, sofiled, to the Department of State .
Sec. 4. And be it further enacted, That every assistant shall receiveat the rate of one dollar and twenty-five cents for every hundred personsby him returned, where such persons reside in the country; and, wheresuch persons reside in a city or town, containing more than three thou-sand persons, such assistant shall receive at the same rate for threethousand, and at the rate of one dollar and twenty-five cents for everythree hundred persons over three thousand, residing in such city ortown; but where, from the dispersed situation of the inhabitants, insome divisions, one dollar and twenty-five cents will not be sufficientfor one hundred persons, the marshals, with the approbation of thejudges of their respective districts or territories, may make such furtherallowance to the assistants, in such divisions, as shall be 'deemed anadequate compensation; Provided, The same does not exceed onedollar and seventy-five cents for every fifty persons by them returned:Provided, further, That, before any assistant, as aforesaid, shall, inany case, be entitled to receive said compensation, he shall take andsubscribe the following oath or affirmation, before some judge or jus-tice 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 inthe return made by me, agreeably to the provisions of the act, entitled‘An act to provide for taking the fifth census or enumeration of the in-habitants of the United States, ’ have been ascertained by an actual in-quiry at every dwelling-house, or a personal inquiry of the head of everyfamily, in exact conformity with the provisions of said act; and that Ihave, in every respect, fulfilled the duties required of me by said act, tothe best of my abilities; and that the return aforesaid is correct andtrue, according to the best of my knowledge and belief.” The compen-sation of the several marshals shall be as follows:
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Marshals onor before Feb.1,1831, to trans-mit to Secretaryof State, one co-py of each re-turn from everyassistant, andalso, &c.Penalty on mar-shals for neg-lecting to per-form the re-quirements ofthis act.
Clerks ofcourts to t,i ans-mit to Dept, ofState, the re-turns, &c.
Compensationof assistants.
Extraordinarycompensation ofassistants.
Proviso.
Proviso: Oathto be taken byassistants, be-fore receivingcompensation.