TWENTY-FIFTH CONGRESS. Sess.III. Ch.80. 1839.

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ability, and that I will take the said enumeration and description byactual inquiry at every dwelling house within said division, or personalinquiry of the head of every family, and not otherwise.” The enume-ration shall commence on the first day in June, in the year one thou-sand eight hundred and forty, and shall be completed and closed withinten calendar months thereafter. The several assistants shall, withinnine months, and on or before the first day of October, one thousandeight hundred and forty, deliver to the marshals by whom they shall beappointed, respectively, two copies of the accurate returns of all per-sons, except Indians not taxed, to be enumerated as aforesaid, withintheir 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 ofthe States or Territories, respectively, the several families, by the nameof the head thereof.

Sec. 2. And be it further enacted, That every assistant failing, orneglecting to make a proper return, or making a false return of theenumeration to the marshal, within the time limited by this act, shallforfeit the sum of two hundred dollars, recoverable in the manner point-ed out in the next section hereof.

Sec. 3. And be it further enacted, That the marshals shall file onecopy of each of the several returns aforesaid, and, also, an attested copyof the aggregate amount hereinafter directed, to be transmitted by them,respectively, to the Secretary of State, with the clerks of their respec-tive districts or superior courts, as the case may be, who are herebydirected to receive, and carefully to preserve, the same; and the mar-shals, respectively, shall, on or before the first day of December, in theyear one thousand eight hundred and forty, 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 ofthe several 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 respec-tive courts, and shall cause the returns of the several assistants, and thesaid attested copy of the aggregate amount, to be laid before them fortheir inspection. And the respective clerks of the said courts shall,within thirty days after the said original returns shall have been laidbefore the grand juries aforesaid, transmit and deliver all such originalreturns, so filed, to the department of State .

Sec. 4. And be it further enacted, That every assistant shall receiveat the rate of two dollars for every hundred persons by him returned,where such persons reside in the country; and where such persons re-

Enumeration,when to com-mence.

Form of re-turn.

Penalty.

Marshals tofile one copy ofreturns, &c.

Forfeit forneglect.

Where recoverable.

The judgesshall give thisact in charge togrand juries,

Clerks totransmit to theDep’tof State.

Compensationof assistants.