United States Statutes at Large/Volume 5/26th Congress/1st Session/Chapter 3

United States Statutes at Large, Volume 5
United States Congress
3876472United States Statutes at Large, Volume 5 — Public Acts of the Twenty-Sixth Congress, First Session, Chapter 3United States Congress


Feb. 26, 1840.

Chap. III.An Act to amend the act “to provide for taking the sixth census or enumeration of the inhabitants of the United States,” approved March third, eighteen hundred and thirty-nine.

Act of March 3, 1839, ch. 80.
Act of Sept. 1, 1841, ch. 15.
Resolution, Sept. 1, 1841.
Resolution, April 14, 1842.
Enumeration, when to commence.
One copy to be transmitted to the Sec. of State.
Be it enacted by the Senate and House of Representatives of the United States of America 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.

Transient persons.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.

Compensation to assistants.Sec. 4. And be it further enacted, That in lieu of the five dollars heretofore provided as compensation to the assistant 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.Allowance to assistants for making returns. 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 Copies of returns, &c. to be preserved in the courts.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.

All clerical errors to be noted.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.

Postage.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 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.

Marshals to take part in the enumeration of their districts.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.

Compensation.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;Salaries when to commence. 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.

Acts, &c. inconsistent with this, repealed.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.