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defeat any seizure, or prosecution for a forfeiture incurred under this act, and during the continuance thereof.

APPROVED, February 27, 1800.

STATUTE I.

cause an

enu

enumerated.

CHAP. XII.- An Act providing for the second Census or enumeralion of the In- Feb. 28, 1800. habitants of the United States.(a)

(Obsolete.) Section 1. Be it enacted by the Senate and House of Representatives Marshals of of the United States of America in Congress assembled, That the mar. the districts and shals of the several districts of the United States and the secretaries of secretaries of

the territories to the territory of the United States northwest of the river Ohio, and of the Mississippi territory, respectively, shall be, and they are hereby meration to be

taken. authorized and required, under the direction of the Secretary of State, and according to such instructions as he shall give pursuant to this act, lo cause the number of the inhabitants within their respective districts and territories to be taken; omitting in such enumeration, Indians not Indians not taxed, and distinguishing free persons, including those bound to service taxed not to be for a term of years from all others; distinguishing also the sexes and colours of free persons and the free males under ten years of age; those of ten years and under sixteen; those of sixteen and under twenty-six; those of twenty-six and under forty-five; those of forty-five and upwards: and distinguishing free females under ten years of age; those of ten years and under sixteen; those of sixteen and under twenty-six; those of twenty-six and under forty-five; those of forty-five and upwards : for effecting which purpose, the marshals and secretaries aforesaid shall have power to appoint as many assistants within their respective districts and

They may apterritories, as aforesaid, as to them shall appear necessary; assigning to point assistants. each assistant a certain division of his district or territory, which division shall consist of one or more counties, cities, towns, townships, hundreds or parishes, or of a territory plainly and distinctly bounded by water-courses, mountains or public roads. The marshals or secretaries, as the case may be, and their assistants, shall, respectively, take an oath or affirmation, before some judge or justice of the peace, resident within their respective districts or territories, previous to their entering on the discharge of the duties by this act required. The oath or affirmation of the marshal or secretary shall be,—“İ, A. B., marshal of the district of taken by the (or secretary of the territory of

as the marshals, secre.

taries and their case may be), do solemnly swear or affirm, that I will well and truly assistants. cause to be made, a just and perfect enumeration and description of all persons resident within my district or territory, and return the same to the Secretary of State, agreeably to the directions of an act of Congress, intituled an act providing for the enumeration of the inhabitants of the United States,' according to the best of my ability." The oath or affirmation of an assistant shall be,"I, A. B., do solemnly swear, (or affirm) 1800, ch. 23. that I will make a just and perfect enumeration and description of all persons resident within the division assigned to me by the marshal of the district of

(or the secretary of the territory of as the case may be), and make due return thereof to the said marshal, or secretary, agreeably to the directions of an act of Congress, intituled ‘an act providing for the enumeration of the inhabitants of the United States,' according to the best of my abilities.” The enumeration shall Commence. commence on the first Monday of August next, and shall close within ment and close

of the enumeranine calendar months thereafter. The several assistants shall, within

tion. the said nine months, transmit to the marshal or secretaries, by whom they shall be respectively appointed, accurate returns of all persons, ex

make returns. cept Indians not taxed, within their respective divisions; which returns shall be made in a schedule, distinguishing in each county, parish, town

Oath to be

Assistants to

() See note to act of March 1, 1790, chap. 22, Vol. i. 101.

turns.

Form of rc. ship, town or city, the several families, by the names of their master,

mistress, steward, overseer or other principal person therein, in the manner following; that is to say: the number of persons within my division, consisting of

appears in a schedule hereto annexed, subscribed by me this

day of

A. B., assistant to the marshal of

or to the secretary of Schedule of the whole number of persons within the division allotted to A. B.

Name of county, parish, town.
ship, town, or city where the

family resides.
Name of head of family.
Free white males under ten

years of age.
Free white males of ten and

under sixteen.
Free white males of sixteen
and under twenty-six, in-

cluding heads of families,
Free white males of twenty-
six and under forty-five, in-

cluding heads of families.
Free white inales of forty-
five and upwards, including

heads of families.
Free white females under ten

years of age.
Free white females of ten

years and under sixteen.
Free white females of sixteen

and under twenty-six, in

cluding heads of families. Free white females of twentysix and under forty-five, in.

cluding heads of families.
Free white females of forty-
five and upwards, including

heads of families.
All other free persons, except
Indians, not taxed.

Slaves.

returns

Penalty on as

Sec. 2. And be it further enacted, That every assistant, failing to sistants making make a proper return, or making a false return of the enumeration to no return, or a the marshal or the secretary (as the case may be), within the time by .

this act limited, shall forfeit the sum of two hundred dollars. Marshals and Sec. 3. And be it further enacted, That the marshal and secretaries secretaries to shall file the several returns aforesaid, with the clerks of their respective file their assist district or superior courts (as the case may be) who are hereby directed with the clerks to receive and carefully preserve the same: and the marshals, or secreof certain taries, respectively, shall, on or before the first day of September, one courts, and make aggregate

thousand eight hundred and one, transmit to the Secretary of State, the to the aggregate amount of each description of persons within their respective Secretary of districts or territories. And every marshal or secretary failing to file State.

the returns of his assistants or any of them, with the clerks of their respective courts as aforesaid, or failing to return the aggregate amount of each description of persons in their respective districts or territories, as the same shall appear from said returns, to the Secretary of State, within the time limited by this act, shall, for every such offence, forfeit the sum of eight hundred dollars; all which forfeitures shall be recover. able in the courts of the districts or territories where the offences shall be committed, or in the circuit courts to be 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 discoCertain judges very of offences, the judges of the several district courts in the several lo give this act districts, and of the supreme courts, in the territories of the United in charge to the States, ás aforesaid, at their next sessions, to be held after the expiragrand juries.

tion 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 to be laid before them for their inspection. Compensation Sec. 4. And be it further enacted, That every assistant shall receive to assistants.

at the rate of one dollar, 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 rate of one dollar for every three hundred persons, but where, from the dispersed situation of the inhabitants in some divisions, one dollar for every one hundred persons shall be insufficient, the marshals or secretaries, 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 one dollar for every fifty persons by them returned. The several marshals and secretaries Compensation shall receive as follows: The marshal of the district of Maine, two hun- to the marshals. dred dollars; the marshal of the district of New Hampshire, two hundred dollars; the marshal of the district of Massachusetts, three hundred dollars; the marshal of the district of Rhode Island, one hundred and fifty dollars; the marshal of the district of Connecticut, two hundred dollars; the marshal of the district of Vermont, two hundred dollars; the marshal of the district of New York, three hundred dollars; the marshal of the district of New Jersey, two hundred dollars; the marshal of the district of Pennsylvania, three hundred dollars; the marshal of the district of Delaware, one hundred dollars; the marshal of the district of Maryland, three hundred dollars; the marshal of the district of Virginia, five hundred dollars; the marshal of the district of Kentucky, two hundred and fifty dollars; the marshal of the district of North Carolina, three hun. dred and fifty dollars; the marshal of the district of South Carolina, three hundred dollars; the marshal of the district of Georgia, two hundred and fifty dollars; the marshal of the district of Tennessee, two hundred dollars; the secretary of the territory of the United States northwest of the Ohio, two hundred dollars; the secretary of the Mississippi territory, one hundred dollars.

Sec. 5. And be it further enacted, That every person whose usual How transient place of abode shall be in any family on the aforesaid first Monday in persons and ab

to August next, shall be returned as of such family, and the name of every be returned. person, who shall be an inhabitant of any district or territory, but without a settled place of residence, shall be inserted in the column of the aforesaid schedule, which is allotted for the heads of families in that division where he or she shall be, on the said first Monday in August next, and every person occasionally absent at the time of the enumeration, as belonging to that place in which he or she usually resides in the Coited 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, belong- above sixteen ing to any family within any division, district or territory made or estað years old to give lished within the United States, shall be, and hereby is obliged to ren- the assistants. der to such assistant of the division, a true account, if required, to the best of his or her knowledge, of all and 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 by such assistant, the one half for his own use and the other half to the use of the United States.

Sec. 7. And be it further enacted, That each assistant shall, previous Assistants to to making his returns to the marshal or secretary (as the case may be) post up their cause a correct copy, signed by himself, of the schedule containing the number of in number of inhabitants within his division, to be set up at two of the habitants, &c. 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 two dollars; provided, proof of the schedule having been so set up and suffered to remain, shall be transmitted to the marshal or secretary (as the case may be) with the return of the number of the persons, and in case any assistant shall fail to make such proof to the marshal or secretary, as aforesaid, he shall forfeit the compensation by this act allowed him.

B

Free persons

Secretary of Sec. 8. And be it further enacted, That the Secretary of State sha]] State to give in. be, and hereby is authorized and required to transmit to the marshals of carrying this act

the several states and to the secretaries aforesaid, regulations and instrucinto effect, &c. tions pursuant to this act, for carrying the same into effect, and also the

forms contained therein of schedule to be returned, and proper inter-
rogatories to be administered by the several persons who shall be em-
ployed therein.

APPROVED, February 28, 1800.
STATUTE I.

March 1, 1800. Chap. XIII.-An Act in addition to an act intituled An ucl regulating the grants

of land appropriated for Military services, and for the Society of the United

Brethren for propagating the Gospel among the fleathen."(a) Points of in

Section 1. Be it enacted by the Senate and House of Representatives lines actuallye of the United States of America in Congress assembled, That the respecrun are to be tive points of intersection of the lines actually run, as the boundaries of considered as

the several townships surveyed by virtue of the act intituled “An act the corners of townships.

regulating the grants of land appropriated for military services and for

the society of the United Brethren for propagating the Gospel among Vol. i. 490. the Heathen,” accordingly as the said lines have been marked and as

certained at the time when the same were run, notwithstanding the same
are not in conformity to the act aforesaid, or shall not appear to corre-
spond with the plat of the survey which has been returned by the Sur-
veyor General, shall be considered, and they are hereby declared to be
the corners of the said townships: That in regard to every such town-

ship as by the plat and survey returned by the Surveyor General is stated Boundaries of to contain four thousand acres in each quarter thereof, the points on quarter town.

each of the boundary lines of such township, which are at an equal dis-
ships, where
they are stated tance from those two corners of the same township, which stand on the
to contain four same boundary line, shall be considered and they are hereby declared
thousand acres. to be corners of the respective quarters of such township; that the other

boundary lines of the said quarter townships shall be straight lines run
from each of the last mentioned corners of quarter townships to the

corner of quarter townships on the opposite boundary line of the same Boundaries of township; and that in regard to every such township as by the said requarter town

turn is stated to contain in any of the quarters thereof more or less than ships, where they are stated the quantity of four thousand acres, the corners marked in the boundary to contain more lines of such township to designate the quarters thereof, shall be considor less than four ered and they are hereby declared to be the corners of the quarter town

ships thereof, although the same may be found at unequal distances from Method of run. the respective corners of such townships: And such townships shall be ning lines.

divided by running lines through the same from the corners of the quar-
ter townships actually marked, whether the interior lines thus extended
shall be parallel to the exterior lines of the said township or not; and
that each of the said quarter townships thus bounded, shall, in every pro-
ceeding to be had under the above-mentioned or this act, be considered
as containing the exact quantity expressed in the plat and survey thereof

returned by the Surveyor General. Locations may

Sec. 2. And be it further enacted, That it shall be lawful for the probe made on the prietors or holders of warrants for military services, which have been, or general tract by shall be registered at the treasury in pursuance of the act intituled “An warrants for act regulating the grants of land appropriated for military services, and military ser- for the Society of the United Brethren, for propagating the Gospel among vices.

the Heathen,” during the time, in the manner, and according to the
rights of priority, which may be acquired in pursuance of said act, to
locate the quantities of land mentioned in the warrants by them respec-
tively registered, as aforesaid, on any quarter township or fractional part

M

(a) Act of June 1, 1796, chap. 46; act of March 2, 1799, chap. 29; act of April 26, 1802, chap. 30.

con

of a quarter township, in the general tract mentioned and described in said act: Provided always, that the fractional quarter townships upon Certain frac. the river Sciota, and those upon the river Muskingum adjoining the tional quarter. grant made to Ebenezer Zane, or the towns Salem, Gnadenhutten or taken for four Shoenbrun, or the Indian boundary line, shall in every case be accepted thousand acres. and taken in full satisfaction for four thousand acres.

Vol. i. 491. Sec. 3. And be it further enacted, That whenever locations shall be When loca. made on any quarter township, which, according to the actual survey

tions are made

on quarter and plat thereof, returned by the Surveyor General, is stated to contain

townships less than the quantity of four thousand acres, except in the case of frac- stated io tions provided for in the preceding section, it shall be lawful for the tain less than Secretary of the Treasury to issue, or cause to be issued, certificates, acres, the Secexpressing the number of acres remaining unsatisfied of any registry of retary of Treawarrants for the quantity of four thousand acres, made in pursuance of sury shall cause the act before recited, which certificates shall have the same validity and issued for the effect, and be liable to be barred in like manner as warrants granted for deficiency. military services, but no certificate shall be granted, nor any claim allowed for less than fifty acres, nor for the navigable water contained within the limits of any quarter township

or fractional quarter township. Sec. 4. And be it further enacted, That whenever a location shall What is to be be made on any quarter township, which, according to the actual sur- done when they

are made on vey and plat thereof, returned by the Surveyor General, is stated to

quarter town. exceed the quantity of four thousand acres, no patent shall be issued in ships stated to pursuance thereof, until the person making such location, shall deposit contain more

than four thouat the treasury, warrants for military services or certificates issued by

sand acres. virtue of the preceding section, equal to the excess above four thousand acres, contained in such quarter township, or shall pay into the treasury of the United States two dollars per acre, in the certificates of the six Land at two per cent. funded debt of the United States, or money, for each acre of dollars per acre. the excess above four thousand acres as aforesaid.

Sec. 5. And be it further enacted, That after the priority of location Reservations shall have been determined, and after the proprietors or holders of war

for satisfying

warrants grantrants for military services shall have designated the tracts by them respec- ed to individutively elected; it shall be the duty of the Secretary of the Treasury to als for their ser.

vices. designate by lot, in the presence of the Secretary of War, fifty quarter townships, of the lands remaining unlocated, which quarter townships, together with the fractional parts of townships remaining unlocated, shall be reserved for satisfying warrants granted to individuals for their military services, in the manner hereafter provided.

Sec. 6. And be it further enacted, That the land in each of the Reservations quarter townships designated as aforesaid, and in such of the fractional to be divided parts of quarter townships, as may then remain unlocated, shall be di- hundred acres. vided by the Secretary of the Treasury, upon the respective plats thereof, as returned by the Surveyor General, into as many lots, of one hundred acres each, as shall be equal, as nearly as may be, to the quantity such

Manner in quarter township or fraction is stated to contain ; each of which lots shall which they shall

be surveyed. be included, where practicable, between parallel lines, one hundred and sixty perches in length, and one hundred perches in width, and shall be designated by progressive numbers upon the plat, or survey of every such quarter township and fraction respectively.

Sec. 7. And be it further enacted, That from and after the sixteenth Holders of day of March next, it shall be lawful for the holder of any warrant

such warrants

may make loca. granted for military services, to locate, at any time before the first day tions on those of January, one thousand eight hundred and two, the number of hun- lots, and re. dred acres expressed in such warrant, on any lot or lots, from time to ceive patents to time, remaining unlocated within the tracts reserved as aforesaid, and only, after 16th upon surrendering such warrant to the treasury, the holder thereof March, 1800, shall be entitled to receive a patent in the manner, and upon the condi

and before Jan, tions heretofore prescribed by law; which patent shall in every case

1st, 1802.

Post 155.

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