§2. The secretary of state shall, as soon as may be after Blanks. the passage of this act, and also in every tenth year hereafter, cause uniform blank returns and abstracts, together with copies of this act, to be printed, for the purpose of taking such enumeration and obtaining other statistical information. §3. The secretary of state shall, on or before the first Returns to day of May next, and on or before the first day of May in be sent to every such tenth year hereafter, transmit, in such manner clerks as he may think proper, to each of the county clerks, twice as many of such blank returns and as many copies of this act as there are election districts in their respective counties. county 4. On or before the first Monday of May next, and on Marshals. or before the first Monday of May in every such tenth year hereafter, the secretary of state shall appoint two marshals in and for each ward in such city, and one or more marshals in and for each town in this state, as the case may be, and who shall have been a resident of such ward or town at least one year before such appointment, whose duty it shall be to enumerate the inhabitants therein, and to perform the other duties prescribed by this act. A certificate of such appointment, under the hand of the secretary of state, shall be made, in which certificate the district assigned to the person so appointed shall be described; and such certificate shall be delivered to the person appointed, and which shall be evidence of the facts therein contained. clerk's § 5. It shall be the duty of each county clerk, on or be- county. fore the fifteenth day of May next, and on or before the duties. fifteenth day of May in every such tenth year hereafter, to forward to the town clerk of each of the towns in his county, and to the clerk of the common council in each of the cities, a sufficient number of the blank returns and copies of this act, so as aforesaid transmitted to him by the secretary of state, to supply each marshal of such town or city, on demand, with duplicate sets of said blank returns, and one copy of this act. when to § 6. On the first Monday of June next, and on the first Census Monday of June in every such tenth year hereafter, every taken. such marshal shall proceed to enumerate, truly and accurately, the inhabitants residing in the ward, town or district for which he shall have been appointed, by making actual inquiry at every dwelling house, or of the head of every family residing therein, and to obtain the statistical Marshal's duties, Who to be enumerated. Returns how certified. Returns to be made by July. information required by this act, by such convenient means as may be in his power. §7. Each marshal shall enter in the blank return received, the particulars of the enumeration so made, and of the statistical information so obtained, in the manner and form prescribed by the secretary of state. §8. Every person whose usual place of abode shall be in any family on the first day of June next, and on the first day of June in every such tenth year hereafter, shall be returned as of such family; and every person casually absent at the time of taking the enumeration, as belonging to that place in which he usually resides. §9. The returns so made out shall be certified, by each marshal taking the enumeration, to be true and accurate to the best of his knowledge and belief, and shall state the number of pages of which it consists, which certificate shall be subscribed and sworn to by him before any officer authorised to administer oaths, who shall certify such attestation without charging any fee therefor. §10. Each marshal shall, on or before the first day of first day of July next, and on or before the first day of July in every such tenth year hereafter, cause the returns so certified, with a duplicate copy thereof carefully made and compared, and certified in the manner above specially provided, to be delivered to the county clerk of the county in which such marshal shall reside. County clerk to transmit returns to Secretary. Secretary's report, §11. Each county clerk shall immediately after receiving such certified statements of the enumeration, and other statistical information, and the duplicate copies of the same from the marshals in the several towns or districts of his county, transmit to the secretary of state at Albany, by express, all the duplicate returns filed in his office, carefully boxed in such a manner as to protect them; and if any marshal shall neglect for five days after the first of July to make his return as aforesaid, the clerk of the county in which he shall reside, shall immediately proceed himself or dispatch a messenger to procure such return and duplicate, and the expense thereof shall be deducted from the account of such marshal, by the board of supervisors of the county in which he may reside, if they shall think proper. §12. The secretary of state, after receiving such duplicate returns, shall prepare and report to the legislature a general account of the enumeration, specifying the result thereof in the several towns, wards, cities and counties of the state, with a full recapitulation of the whole. how audi. § 13. The accounts for the services of the marshals and Accounts county clerks, done under this act, shall be audited by the ted. supervisors of the county where the services are performed, except in the city and county of New-York, where it shall be done by the common council; and shall be assessed, collected and paid as part of the contingent expenses of such city or county. §14. In case of the inability or neglect of any marshal Vacancies. appointed under or by virtue of this act to perform his duties, the board which appointed him shall have full power, and, it shall be their duty forthwith, to appoint another marshal in his stead. § 15. Any person being the head of a family or member Penalty for thereof, above the age of twenty-one years, who shall re- give infor refusing to fuse to give to any marshal the information required by mation. him, relative to any of the particulars which such marshal is required to state in his returns concerning such family or person, or who shall wilfully give false information to such marshal concerning the same, shall forfeit and pay a penalty of fifty dollars, to be sued for and recovered with costs of suit, by and in the name of the supervisor of their respective towns, and shall be paid over to the town superintendent, for the benefit of the common schools of such town; except in the city of New-York, such suit and recovery shall be in the name of the mayor, aldermen and commonalty of the said city, and such penalty shall be paid over to the board of education for the benefit of common schools in said city. Indians. § 16. It shall be the duty of the secretary of state to ap- Census of point suitable persons to take the enumeration of the Indians residing on the several reservations in this state, who shall, in respect to such reservations, perform all the duties. of marshal by this act, and shall also return the number of acres of land cultivated by such Indians, and such other statistics as it may be in their power to collect, and as the secretary of state, in his instructions shall prescribe; for which service they shall be paid out of the treasury, upon the warrant of the comptroller, such suitable compensation, not exceeding two dollars per day, as the secretary shall certify to be just. All expenses incurred by the secretary of state executing this act, shall be paid by the treasurer upon the warrant issued by the comptroller. County clerk to cause re bound. §17. It shall be the duty of each county clerk in this state, on or before the first day of January next, and the turns to be first day of January following such tenth year, to cause all the original returns filed in his office by the respective marshals to be properly arranged by towns or wards and well bound up in one or more volumes, and carefully preserved among the records of his office; and if it has not already been done, he shall cause the returns of the United States census of eighteen hundred and fifty to be bound and preserved in like manner, and also the returns of any future census which the United States may hereafter take. Repeal. Stock may be increased. §18. The third chapter of the fifth title of the first part of the Revised Statutes, entitled "of the census or enumeration of the inhabitants of the state," and also chapter two hundred and thirty-nine of the laws of eighteen hundred and fifty four, entitled "An act to amend an act relative to the census or enumeration of the inhabitants of this state, passed May 7, 1845," are hereby repealed. 19. This act shall take effect immediately. Chap. 65. AN ACT to amend an act, entitled "An act to incorporate the Washington Volunteer Fire Company in the Village of Troy." Passed, March 12, 1855. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. The stock of the Washington Volunteer Fire Company may, at any time, or times hereafter, be increased by said company, not exceeding twenty-five shares of sixty-two and one-half dollars each, and one share and no more of the said stock shall be owned and held by each of the twentyfive members hereafter to be elected; and the provisions of the first section of an act, entitled "An act to amend an act, entitled an act to incorporate the Washington Volunteer Fire Company, in the Village of Troy," passed April twelfth, one thousand, eight hundred and forty-five, so far as they are applicable, shall apply to the stock which said company are hereby authorized to create. §2. The second section of said act, entitled "An act to amend an act entitled an act to incorporate the Washington Volunteer Fire Company, of the Village of Troy," is hereby amended so as to read as follows: §3. The several members of said company shall annually, officers. on the first Monday of January, in each year, at such place in the city of Troy, as the majority of them shall direct, by plurality of votes, elect one of their members to be foreman of said company; one other of their members to be first assistant foreman and one other of their members to be second assistant foreman, and one other of their members to be secretary, who shall also act as secretary and treasurer of said company, who shall severally continue in office for one year; and the foreman so chosen shall have power to call meetings of the said company whenever he shall think proper, for any purposes connected with the object of said corporation. A certificate under the common seal of said corporation signed by the foreman and secretary thereof, shall be deemed and taken in all places as competent evidence that the person to whom it is given, is a member of said company, or has served for five years, so as to entitle him to the privileges and exemptions of an exempt fireman, and entitled to all the privileges and exemptions in and by the acts hereby amended, granted to the members of said company, or by the laws of this State, given to firemen or members of a fire company, or exempt firemen, in any of the cities or villages in this State. 4. This act shall take effect immediately. Chap. 66. AN ACT to authorise any town or city in the county of Passed, March 14, 1855, three-fifths being present. §1. On the application in writing of twelve or more freeholders, residents of any town or city in either of the coun Town meeting to missioners. elect com. |