the incompetency of enumerators in his supervisory district, and that he will not intentionally increase, suppress or diminish the number of inhabitants enumerated by the enumerators under his supervision or in any way fraudulently or illegally alter the enumeration of the inhabitants of his district or the return and tabulation thereof made as provided in this act.

The enumeration supervisors appointed as herein provided shall be responsible for the proper enumeration of the inhabitants of the districts for which they were appointed, and shall possess the powers and perform the duties prescribed by the secretary of state. § 143. Compensation of enumeration supervisors; how paid. Compensation of the chief enumeration supervisor, the deputy chief enumeration supervisor and the enumeration supervisors shall be paid in such instalments as the secretary of state shall determine by the state treasurer out of appropriations made therefor on the warrant of the comptroller drawn upon the requisition of the secretary of state. The last instalment of such compensation shall not be paid until the work required to be performed by such officer, under the provisions of this article and the regulations of the secretary of state shall have been completed to the satisfaction of the secretary of state. If a chief enumeration supervisor, deputy chief enumeration supervisor or an enumeration supervisor be removed by the secretary of state, and the services performed by him were not satisfactory to the secretary of state, and the compensation therefor has not been fully paid, the secretary of state may reduce the compensation to be paid for such services.

§ 146. Appointment and qualifications of enumerators. The secretary of state shall, in the month of April, nineteen hundred and twenty-five, and during such month in every tenth year thereafter, appoint and may at pleasure remove an enumerator for each enumeration district created as provided in this article. Such appointment may be made by the secretary of state in his discretion, without examination, from lists of persons found by him to be qualified. The secretary of state may prescribe an educational qualification for enumerators and the manner in which such qualification shall be evidenced and determined. Each person appointed as an enumerator shall be a citizen of the United States and of the state of New York and shall have been a resident of the enumeration district for which he is appointed for at least one year at the time of such appointment. If no person qualified to serve as an enumerator and willing to undertake the duties thereof resides in such district the secretary of state may appoint a person, who has shown the qualifications and fitness to hold such position as above provided, to act as an enumerator without regard to his residence.

The secretary of state shall issue to each enumerator a certificate of appointment under his hand in which certificate the district assigned to such enumerator shall be designated. He shall transmit with such certificate a description of the boundaries of the district within which the duties of the enumerator are to be performed. Such certificate shall be delivered to the person ap

pointed and shall be evidence of the facts therein contained and of his authority to act under the provisions of this act. Such certificates together with the description of the boundaries of enumeration districts may be delivered to the enumeration supervisor who shall deliver the same to the enumerators of the districts within the district for which such supervisor is appointed.

§ 147. Compensation of enumerators. The compensation of enumerators shall be three dollars per day for each day actually and necessarily employed in making the enumeration and preparing duplicate copy of the returns, and two cents for each person enumerated in the return, provided, however, that in sparsely settled districts, the secretary of state may allow additional compensation for each person enumerated in the return. Such compensation shall be paid upon a verified account therefor rendered to the secretary of state, and approved by him and filed with the state comptroller, who shall draw his warrant upon the state treasurer therefor to be paid by the state treasurer from such funds as may be applicable thereto. The secretary of state may reduce or reject claims for compensation which in his judgment are excessive, unearned, illegal or unauthorized.

§ 148. Interpreters. The secretary of state may employ and at pleasure remove not to exceed five hundred interpreters to assist enumerators in their respective enumeration districts in the enumeration of persons not speaking the English language and assign them to duty in enumeration districts where their services may be required. The secretary of state may prescribe an educational qualification for interpreters. The qualifications of persons to act as such interpreters shall be ascertained by persons designated by the secretary of state. The compensation of such persons shall be fixed by the secretary of state. The compensation of such interpreters shall be fixed by the secretary of state in advance, upon a per diem basis, for each day actually and necessarily employed.

§ 149. Oath of enumerators and interpreters. Every enumerator or interpreter before entering upon his duties under the provisions of this article shall take and subscribe the following oath or affirmation before any officer authorized to administer oaths, who shall certify such attestation without charging any fee therefor: ... being duly sworn, says that he is more than twenty-one years of age; that he is a citizen of the United States and of the state of New York; that he is now and has been a resident of .... enumeration district (as the case may be; or if appointed outside of the block or district, give residence) of the in the county of.. state of New York for

...

one year last past; that he has been duly appointed as the of said district for the purpose of taking an enumeration of the inhabitants of said district under the provisions of the law providing for the taking of a state enumeration of the state of New York during the year ; and that he will perform the duties of to the best of his ability; that the list of inhabitants so taken and enumerated by him together with their residence by

...

street or avenue and the number thereof shall in all respects be a true and correct list of all the inhabitants of said enumeration district; that he will in all cases, to the best of his ability correctly state in such list, which of the inhabitants, if any, set forth therein are aliens; that he will not intentionally increase, suppress or diminish the number of inhabitants of such district numerically or otherwise for any purpose whatever in taking, making and completing such enumeration.

§ 151. Removal of supervisors and enumerators and filling vacancies; amendment of enumerations. The secretary of state may remove any chief enumeration supervisor, deputy chief enumeration supervisor, enumeration supervisor or enumerator and fill the vacancy thus caused or otherwise occurring whenever it shall appear that any portion of the enumeration provided for in this article has been negligently or improperly taken, and is by reason thereof incomplete or erroneous, and such officer shall forfeit all claim to compensation. Such vacancy shall be filled by the secretary of state in the same manner as an original appointment is made. The secretary of state may also cause such incomplete, erroneous, inaccurate and unsatisfactory enumeration to be amended or made anew under such methods as may, in his discretion, be practicable.

§ 153. Commencement of enumeration; how enumeration made. On such days in the month of May or June, as the secretary of state shall direct, each enumeration supervisor shall cause the enumerator within his district to enumerate truly and accurately the inhabitants residing in the enumeration district for which he shall have been appointed, and to ascertain the facts and statistics required by the population schedule or return. It shall be the duty of each enumerator to visit personally each dwelling-house in his district and each family therein and each individual living out of a family in any place of abode, and by inquiry made of the head of each family or of a member or members thereof deemed credible and worthy of trust, or of such individual living out of a family, to obtain each and every item of information and all particulars required by this article and the regulations of the secretary of state as of such date in May or June as so directed by the secretary of state. And in case no person shall be found at the usual place of abode of such family or individual living out of a family competent to answer the inquiries made in compliance with the requirements of this article, it shall be lawful for the enumerator to obtain the required information from the family or families or person or persons living nearest to such place of abode. Every person whose usual place of abode shall be in any family on such date so prescribed by the secretary of state, shall be returned as of such family; and every inhabitant casually absent at the time of taking the enumeration shall be returned as belonging to that place in which he usually resides. Before the members of a family or inhabitants who are absent at the time of taking the enumeration are entered or returned as residents of the enumeration district, blank statements shall be forwarded to the head of such family or such inhabitant, at the place

where such family or inhabitant is sojourning which shall be immediately returned to the enumerator properly filled out and signed by the head of such family or by such inhabitant. Such statements shall give the names of the members of such families or inhabitants, the place where they are sojourning, when they are expected to return, and shall state whether or not they are residents of the enumeration district wherein their place of abode is situated and whether or not they are citizens of the state. If such statement is not returned to the enumerator as above provided within a reasonable time, the names of the members of such family or inhabitants who are absent, shall not be returned by the enumerator as residents of his district, unless an affidavit of some person known to the enumerator to be possessed of sufficient knowledge as to the said absent family or inhabitants be presented to such enumerator constaining satisfactory information showing that the members of such absent family or such absent inhabitants are residents of such district and citizens of the state. If the place of abode of such absent family or inhabitant is in a building, containing two or more apartments occupied by separate families, the enumerator shall inquire of the owner, agent or manager of such building as to the residence, citizenship or alienage of such absent family or inhabitant. Such statements and affidavits shall be transmitted by the enumerator at the time of making his return to the enumeration supervisor. The return of the enumerator shall state the place where such absent inhabitant is sojourning, when he is expected to return and the e occasion for his absence.

It shall be the duty of each enumerator to complete the enumeration and all his official work and forward before July first, or on such earlier date as the secretary of state may direct, in duplicate by express or as otherwise directed carefully inclosed, so as to protect the returns transmitted, the original schedules or returns, i duly certified to the enumeration supervisor of the district in which his enumeration district is located stating the number of pages of which said returns consist. In making such enumeration he shall for the purpose of identification ascertain and include the sex, age, color, nativity, citizenship or alienage, and the occupation of each inhabitant, with his residence by street and number, if any, or if there is no street and number, then such description as shall identify the place of residence. Such enumerator shall specially ascertain and note as to the citizenship of all foreign born inhabitants, and if they are naturalized shall require them to exhibit their naturalization papers. The names of children of naturalized citizens and of aliens shall be specially noted and the schedules, blanks and cards shall be so prepared as to permit facts as to citizenship and alienage to be carefully and clearly noted. In any city, in a county having more than one senate district, or which in the opinion of the secretary of state may under a new apportionment be entitled to more than one senate district, the enumeration shall be taken by blocks inclosed by streets or public ways, as well as by street and number. The enumeration supervisor shall at all times advise and instruct such enumerators as to such enumeration and

Appropriation.

District created.

Declared

poration;

shall examine all returns, schedules and cards transmitted to him by the enumerators under his supervision, and in the event of discrepancies or omissions being discovered in said returns, schedules and cards he shall use all diligence in causing the same to be corrected. In case the district assigned to any enumerator shall embrace all or any part of any incorporated borough, city or village, and also other territory not included within the limits of such incorporated borough, city or village, or either, it shall be the duty of the enumerator of such district to clearly and plainly distinguish and separate upon the population schedules or returns, the inhabitants of all or any part of such borough, city or village, as may be embraced in the district assigned to such enumerator from the inhabitants of the territory not included therein.

§ 3. The sum of one million, two hundred thousand dollars, ($1,200,000), or so much thereof as may be necessary, is hereby appropriated to the secretary of state for the purpose of taking the enumeration of the inhabitants of the state, and the expenses of such enumeration and the tabulation thereof, as provided by article nine of the state law, as amended by this act.

§ 4. This act shall take effect immediately.

CHAPTER 192

AN ACT to create the Albany port district, to provide for the appointment of the Albany port commission, and to define its powers, duties and jurisdiction, and making an appropriation for expenses incident thereto. Became a law March 25, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. There is hereby created and established a district to be known as the "Albany Port District," which shall embrace the city of Albany and the lands belonging to the city of Albany, within the town of Bethlehem; the city of Rensselaer; and all lands and water, in the Hudson river contiguous thereto, subject to the right, title and interest of the state in and to the lands under the waters of the Hudson river. Such district is hereby public cor- declared to be a public corporation and shall have perpetual duration; existence and the power to acquire such real estate and other property as may be necessary, to sue and be sued, to incur debts, liabilities and obligations, to have a seal, to exercise the right of eminent domain, to issue bonds and other evidences of indebtedness and to do all acts and exercise all powers authorized by and subject to the provisions of this act, but subject also to the constitution and laws of the United States. Such powers shall be exercised by and in the name of the Albany port district commission.

corporate

powers.

Commission

created.

§ 2. There is also hereby created and established the Albany port district commission, hereinafter called "the commission,'