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TITLE 6.

First ward.

Second ward.

Third ward

Fourth ward.

OSWEGO.

First ward.

Second ward.

The said city shall be divided into four wards, as follows: 1. That part which lies easterly of the middle of North-street and the middle of the Owasco river shall be the first ward;

2. That part south of the middle of Genesee-street and west of the middle of the Owasco river shall be the second ward;

3. That part north of the middle of Genesee-street southerly of the centre of the Owasco river, shall be the third ward;

4. And that part westerly of the center of North-street and north of the center of the Owasco river shall be the fourth ward.

*S 14. The territory within the following bounds shall constitute the city of OSWEGO.1

Commencing at a point in lake Ontario, one mile north from the northwesterly corner of lot number thirty-four in the eighteenth township of Scriba's patent, town of Scriba, and running thence south to the northwesterly corner of said lot thirty-four; thence southerly along the westerly line of said lot thirty-four, and said line produced to the center of the cross road leading from Read's school-house to the Hall road; thence southerly along the center of said cross road to its termination; thence southerly along the easterly bounds of lot number twenty-five of Hamilton's gore in the town of Scriba, to the south corner thereof; thence southerly along the easterly bounds of lots numbers three, four, five, six and seven of Hamilton's gore in the town of Scriba, to the northeasterly corner of said lot seven; thence westerly along the southerly line of said lot seven to the Oswego river; thence across said river, such a course as shall intersect the southeast corner of lot number eight in the original township of Hannibal, (now town of Oswego;) thence westerly along the line of said lot eight to the west line of the Oswego and Syracuse railroad; thence northerly along the west line of said Oswego and Syracuse railroad, to the north line of said lot eight; thence westerly along the north line of said lot eight to the northwest corner thereof; thence westerly on the last named line produced till it intersects the west line of lot number five, in the original township of Hannibal (now town of Oswego;) thence northerly along the west line of said lot number five to the shore of lake Ontario; thence one mile north into said lake; thence easterly to the place of beginning.

The said city shall be divided into four wards as follows, to wit: 1. All that part of the city which lies north of the center of Bridge-street, (in the present village of Oswego,) and of the highway running westerly from the west termination of Bridge-street, and west of the middle of Oswego river, shall be the first ward. 2. All that part of the city which lies north of the center of Bridge-street, extended in a straight line to the east bounds of the city, and east of the middle of the Oswego river, shall be the second ward.

Third ward 3. All that part of the city which lies south of the center of Bridge-street, and of the highway running westerly from the west termination of Bridge-street and west of the middle of the Oswego river, shall be the third ward.

1 Laws 1848, ch. 116, § 2.

4. All that part of the city which lies south of the center of TITLE 6. Bridge-street, extended in a straight line to the east bounds of the Fourth city, and east of the middle of the Oswego river, shall be the fourth ward.

ward.

KEEPSIE.

* § 15. The district of country in the county of Dutchess, now POUGH comprised in the village of Poughkeepsie, and included within the Boundaries. following boundaries, viz.: "Beginning at the mouth of a brook falling into the Hudson river, on the north line of lands of the estate of Henry A. Livingston, deceased, and adjoining lands of Alexander Fox; thence south eighty-seven degrees and thirty minutes east, as the magnetic needle now points (1853), one hundred and thirty chains to a stone set, marked C, in the lands of William H. Worrall; thence again from the mouth of the brook aforesaid northerly along Hudson river, including the flats or shoals between high water mark and the channel of said river to the mouth of another small brook, or where the same joins the water of the Hudson river aforesaid, which last mentioned brook is commonly known by the name of Kidney's creek or kill, and divides the land formerly owned by Robert L. Livingston from land of Abraham Pells; then from the mouth of the last mentioned brook up the middle of the same, however it runs, to the west side of the post road leading to Albany, to a point thirty-five links southerly from the northeast corner of land now owned by Edward Giraud; thence south eighty-seven degrees thirty minutes east, parallel with the south line of said corporation as above named, ninety-two chains eight links to a stone set, marked C, in the lands of Thomas Sweet, westerly of the road leading to Union Corner, in Hyde Park, said stone being the northeast corner of the corporation, and is distant from Hudson river in a direct line one hundred and thirty chains; thence south three degrees fifty-five minutes west one hundred and thirty-nine chains and sixty links, passing through the cooper's shop of Thomas R. Osborn, on the north side of the Dutchess turnpike to a stone set, marked C, as aforesaid, in the lands of William H. Worrall, the chaining on the above named lines being surface measurement," shall be a city known as the city of POUGHKEEPSIE; and the citizens of this state, from time to time, inhabitants within the said boundaries, shall be a corporation by the name of the city of Poughkeepsie, and as such may sue and be sued, complain and defend, in any court of law or equity in this

state.1

ward.

The said city shall be divided into four wards as follows, viz.: 1. All that part lying northerly of the center of Main-street and First westerly of the center of Garden-street, and of a line from the termination thereof north to the northern boundary of the village, shall be the first ward.

ward.

2. All that part lying northerly of the center of Main-street and Second easterly of the center of Garden-street, and of the line aforesaid, shall be the second ward.

3. All that part lying southerly of the center of Main-street and Third westerly of the center of Market-street, shall be the third ward.

1 Laws 1854, ch. 90, § 1.

ward.

TITLE 7.

Fourth
Ward.

Certain

applicants notice and

furnish map

4. And all that part lying southerly of the center of Main-street and easterly of the center of Market-street, shall be the fourth ward.1

TITLE VII.-[ORIGINAL TITLE VI.]

General Provisions concerning the Erection and Alteration of Counties, Cities,
Villages and Towns.2

SEC. 1. Applicants for new counties, cities or villages, or the alteration of their bounds, to publish
notice and furnish a map.

2. Map to be verified by the oath of the surveyor.

3. If application granted, map to be filed with surveyor-general.

S1. All persons intending to apply to the legislature for the to publish erection of a new county, or for the incorporation of a city or village, or for any alteration of the bounds of any county, city or village, shall cause notice to be published of such intended application as required by law; and shall also procure an accurate survey and map of the territory described in such application.

[87] Vol. 1.

Map, how verified.

Where filed.

S2. Such survey and map shall be duly verified by the oath of the surveyor making the same, and shall be laid before the legislature before any such application shall be acted on.

S3. In case any law shall be passed by the legislature pursuant to such application, the aforesaid survey and map shall be filed in the office of the surveyor-general of this state.

[88] Vol. 1.

Census,

CHAPTER III.

Of the Census or Enumeration of the Inhabitants of the State.*

SEC. 1. Enumeration, when to be taken.

2. Secretary of state to have certain blank returns and abstracts printed.

3. To transmit them to clerks of counties.

4. Marshals for each town and ward to be appointed, by whom.

5. County clerks to furnish marshals with blank returns.

6. Marshals to take enumeration; proceedings.

7. Form of returns by marshals.

8. What persons to be enumerated.

9. Returns to be certified and sworn to.

10. To be delivered to county clerk, by what time.

11. County clerk to transmit abstracts to secretary of state.

12. Secretary to report to the legislature.

13. Expenses of marshals and county clerks, how audited and paid.

14. Vacancies, how filled.

15. Penalty on persons refusing to give information to marshals, or giving it falsely.

16. Secretary of state to appoint marshals to enumerate Indians..

17. County clerk to cause returns to be bound.

18. Repeal of certain acts.

19. Compensation of marshals.

*S 1. An enumeration of the inhabitants of this state shall be when taken taken during the present year, eighteen hundred hundred and fiftyfive, and during every tenth year hereafter.

Blanks.

*S 2. The secretary of state shall, as soon as may be after 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.

Returns to * 3. The secretary of state shall, on or before the first day of be sent to May next, and on or before the first day of May in every such tenth year hereafter, transmit in such manner as he may think

county clerks.

1 Laws 1854, ch. 90, § 2. By act of April 3, 1849, ch. 194, the power to divide and alter towns, and to erect new towns, was conferred upon boards of supervisors. $54, 5 and 6 of this title were abrogated thereby. See ch. 7, part 1, title 3. • Constitution, art. 3, §4, and Laws of 1855, ch. 64, as amended by Laws 1855, ch. 181.

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.

for each

appointed.

*S 4. On or before the first Monday of May next, and on or Marshals before the first Monday of May in every such tenth year here- town and after, the secretary of state shall appoint one or more marshals ward to be in and for each town and ward 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 peform 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. [As amended 1855, ch. 181, § 1.]

clerks'

*S 5. It shall be the duty of each county clerk, on or before County the fifteenth day of May next, and on or before the fifteenth day duties. 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 be

* 6. On the first Monday of June next, and on the first Census, Monday of June in every such tenth year hereafter, every such taken. 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 information required by this act, by such convenient means as may be in his power.

duties

7. Each marshal shall enter in the blank return received, the Marshal's particulars of the enumeration so made, and of the statistical information so obtained, in the manner and form prescribed by the secretary of state.

enumerated

S8. Every person whose usual place of abode shall be in any Who to be 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.

how certi

*S 9. The returns so made out shall be certified, by each mar- Returns, shal taking the enumeration, to be true and accurate to the best of ned. 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 authorized to administer oaths, who shall certify such attestation without charging any fee therefor.

10. Each marshal shall, on or before the first day of July next, and on or before the first day of July in every such tenth

CHAP. III. year hereafter, cause the returns so certified, with a duplicate copy Returns to thereof carefully made and compared, and certified in the manner the first day above specially provided, to be delivered to the county clerk of the county in which such marshal shall reside.

be made by

of July.

County clerk to

returns to

S11. Each county clerk shall immediately after receiving such transmit certified statements of the enumeration, and other statistical inforsecretary. mation, and the duplicate copies of the same from the marshal 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.

Secretary's report.

Accounts,

how audited.

how filled.

S12. 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.

*

S13. The accounts for the services of the marshals and county clerks, done under this act, shall be audited by the 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.

*

Vacancies, S14. In case of the inability or neglect of any marshal appointed under or by virtue of this act, to perform his duties, the secretary of state shall have full power, and it shall be his duty forthwith, to appoint another marshal in his stead. [As amended 1855, ch. 181, § 2.]

Penalty for refusing to

mation.

*S15. Any person being the head of a family or member thereof, give infor- bove the age of twenty-one years, who shall refuse to give to any marshal the information required by 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 willfully 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.

Census of Indians.

* § 16. It shall be the duty of the secretary of state to appoint 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,

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