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To draw water.

ever the circuit court of said county shall order, upon good cause shown.

Sec. 4. If at any time hereafter the water should be required to be drawn from said river for the purpose of internal improvement or na. vigation, it shall not be lawsul for the said Arad Melvin and John Scales, or any other person or persons owning said dam to claim or recover any damages therefor.

Sec. 5. The legislature may at any time amend or repeal this act-
Approved March 19, 1845.

No. 38.
An Act to provide for taking the census for the year

eighteen hundred and forty-five.
Section 1. Be it enacted by the Senate and House of Representa-

Censas. tives of the State of Michigan, That in every organized county of this State, one marshal shall be appointed for the purpose of taking the census, in conformity with the requirements of the constitution, and the provisions of this act. Sec. 2. The Governor of this State is hereby authorized and re

Appointquired to nominate and present to the Senate for confirmation, the ment of

Marshalls. names of suitable and proper persons, residents of the several counties aforesaid, to act as marshals for taking said census; and when so nominated and confirmed said marshals shall have power to appoint from among the residents of their respective counties, one or more assistants to aid them in taking said census; but the marshals shall be held responsible for the acts of their assistants, and the assistants shall not be entitled to receive compensation for their services excepting from the marshals by whom they are appointed. Sec. 3. The division of territory assigned by the marshals to their Division of

territory. assistants, shall be plainly and distinctly defined by bounding it in all cases, by the surveyed lines of townships, it in the country, and if in a city, by the known limits of its wards. Said marshals and assistants shall respectively, before entering on the performance of their duty under this act, take and subscribe an oath or affirmation before some judge or justice of the peace, resident within their respective counties, substantially in the form hereinafter prescribed.

Enumeration.

made

Duty of Sec. 4. The marshals or their assistants are hereby required to go Marshall,

to every house in their respective counties, or by personal enquiry of the head of every family, or some competent person acquainted with the facts, ascertain and take an enumeration of all the inhabitants, (excepting Indians, not taxed) residing therein, on the first Monday of September, eighteen hundred and forty-five, and the said enumeration shall be taken between the first Monday of September and the first Monday of November next, excepting that the marshals and their assistants of the counties of Michilimackinac and Chippewa may commence the taking of the census on the first Monday of July next, and shall ascertain and take an enumeration of all the inhabitants,(excepting Indians, not taxed) residing therein, on the first day of July. The census of such counties as are attached to other counties for judicial purposes, shall be taken under the supervision of the

marshal of the county to which they are so attached. List-how Sec. 5. The names of all the males over the

age

of twenty-one years, shall be entered on the list. The list shall also distiuguish the number of males and females, those under ten years of

age,

those of ten and under twenty-one, those of twenty-one and under fortyfive, those of forty-five and under seventy-five, and those over seventy-five ; and also, the number of deaf and dumb, the number of insane, and the number of all colored persons.

Sec. 6. The several assistants shall, on or before the first Monday Duty of assistant Mar- of November next, deliver to the marshals from whom they receive

their appointments, respectively, a copy of accurate returns enumerated as aforesaid, within their respective dủstricts, which returns shall be made so as to distinguish the population of each township and of

each city ward. Duty of

Sec. 7. The Secretary of State shall procure and send forthwith Secretary of State. to the several county clerks, of all the organized counties of the

State, such number of blank lists, in proper form, for taking the census, as in his opinion will be equal to twice the number of townships in each county, for the use of the marshals and their assistants. He shall also cause to be printed and transmitted with the blank lists, a similar number of copies of this act, to be delivered by the county clerks on application, to the said marshals; and he shall seasonably notify said marshals of their appointment and communicate such other

Marshall

num

information as he may deem necessary to aid them in the perform
ance of their duties.
Sec. 8. It shall be the duty of each marshal to consolidate in a

Duty of schedule, the returns of his county, so as show the aggregate ber of each class, and to write out distinctly the names of all the males over the

age of twenty-one years. Such schedule shall exhibit first, the number of each class : secondly, the number of the males over the age of twenty-one in each township and city ward respectively ; and when so arranged he shall make duplicate copies, one of which he shall seal and send by mail to the Secretary of State, on or before the fifteenth day of Novemcor next; and the other he shall, at the same date, personally deliver to the clerk of his county, who shall file and carefully preserve the same in his office. Sec. 9. Any marshal or assistant marshal, appointed as aforesaid Penalty for

non-perforfailing to perform all the duties prescribed in this act, shall forfeit the mance. sum of two hundred dollars, to be recovered by an action of debt, in the name of the people of the State of Michigan, for the use of the county where such failure shall ocour. Sec. 10. It shall be the duty of the prosecuting attorney, in each Prosecutin

Allorney. county, to prosecute for all liabilities under this act.

Sec. 11. The marshals (except those of Michilimackinac, Chippe- Compensawa and Saginaw) shall be allowed, as compensation for services performed under this act, at the rate of one dollar and fifty cents for every one hundred persons by him returned, when such persons reside in the country, and when such persons reside in a city, containing more than three thousand persons, such marshals shall receive at the same rate for three thousand, and at the rate of fifty cents for every one hundred persons over three thousand residing in such city, and ten cents per mile for conveying the list to the county clerk's office ; and the sum due each marshal for services shall be calculated at the rates aforesaid, by the clerk of the county to which the proper return is made, and his certificate of the amount shall be paid by the treasurer of said county ; but the board of supervisors of the county may allow the marshal such additional compensation as may be deemed just by said board : Provided, It shall not exceed two dollars and fifty cents for every fifty persons by him returned from the organized counties : Provided further, That before a marshal shall be entitled

.

shal's.

Oath.

w&

to receive any compensation, he shall take and snbscribe the following oath or affirmation before some person duly authorized to administer the same, to wit: “I,

marshal for the county of

do solemnly swear or affirm, that lhe number of persons set forth in the schedule hereunto annexed, has been consolidated and arranged from enumeration lists, made by actual inquiry, at the dwelling house, or personal inquiry of the head of every family, or of a competent person acquainted with the facts, by myself, (or by my assistant or assistants under oath) and that the said schedule has been made, in every respect, in conformity with the ‘act for taking the census for the year eighteen hundred and fortyfive,' and is correct and true, according to the best of my knowledge and belief."

Sec. 12. The marshals of Michilimackinac, Chippewa and SagiMackinae and Chippe- naw counties shall be entitled to receive one hundred dollars each for

the performance of their duties under this act, and such further sum as the boards of supervisors of said counties respectively, shall deem just and proper. Orders for the above sums shall be drawn on the treasurers of said counties, and presented to the marshals aforesaid, by the respective clerks of said counties as soon as said clerks shall ascertain that the schedule of their respective marshals have been attested and returned in accordance with the provisions of this act ; and the treasurers of said counties are hereby authorized and required to pay said orders, out of any money in their treasuries not otherwise appropriated.

Sec. 13. Should the office of a marshal become vacant from death Vacancy.

or any other cause, before the completion of the census, the Governor is hereby authorized and required to fill said vacancy by appointing a competent person to perform the duty.

Sec. 14. Forms of the oaths or the affirmations 10 be subscribed by Oath of

the marshals and assistant marshals : Mar shal.

For a Marshal.
I,

, marshal for the county of
do solemnly swear (or affirm,) that I will support the constitution of
the United States, and of the State of Michigan, and that I will tru-
y and faithfully make, or cause to be made, a full and perfect enu-
meration and description of all persons (excepting Indians, not tax-

sistant Mar

county of

ed) resident within my county, and return the same to the Secretary of State and county clerk, agreeable to the directions of an act to provide for taking the census fer the year eighteen hundred and for ty-five, and that I will take or cause said enumeration and description to be taken, by actual inquiry, at every dwelling house within said county, or personal enquiry of the head of every family, or of a com. petent person acquainted with the facts.

For an Assistant. I,

appointed an assistant to the marshal of the Vath of as

do solemnly swear (or affirm) that I shal. will support the constitution of the United States, and of the State of Michigan; that I will make a just, faithful and perfect enumeration and description of all persons (excepting Indians, not taxed) resident within the division assigned to me for that purpose, by the marshal of the county of

and make due return thereof to the said marshal, on or before the first Monday of November next, 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 or of a competent person acquainted with the facts, and not otherwise.

Sec. 15. This act shall take effect and be in force from and after its passage.

Approved, March 19, 1845.

No. 39.
An Act to amend an act entitled an "act to establish

a board of county auditors for Wayne county, and
for other purposes," approved March 11, 1844.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That section one of an act entitled Amendme'l. an "act to establish a board of county auditors for Wayne county,' approved March 11, 1844, be, and the same is hereby amended by striking out “and shall severally hold their offices for three years, except as provided in the following section," and insert, “and after

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