trust for the said infant children, and to apply the interest there of to their maintenance and education during their minority.

[Note. This act requires no remark.]

CHAP. CLXXXIX.

An ACT for taking a Census of the Electors and Inhabitants of this State.

Passed April 15, 1814.

Census to be

whom taken

I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the supervisors of the city taken, and of Hudson, the assessors and clerk thereof, the mayor, aldermen when and b and common council convened, of the cities of New-York, Albany and Schenectady respectively, and the supervisors, assessors and clerks of every town in this state, shall, on or before the first day of June next, appoint such and so many discreet and proper persons, as they may deem necessary, to take the census of the electors in the said city of Hudson, each of the said towns, and the several wards of each of the said cities of New-York, Albany and Schenectady, respectively; and for that purpose, the secretary of this state shall, without delay, cause blank returns to be printed, in the forms of the schedules provided by the act, entitled " an act for taking a census in this state," passed the third day of March, one thousand seven hundred and ninety-five, and shall, on or before the first day of May next, cause to be delivered to the clerk of the city and county of New-York, ten copies of the said returns, according to the first of said schedules, and to the clerk of the city and county of Albany, twenty of such schedules, and to each of the treasurers of the counties in this state, three times as many of the said blank returns, according to the second of the said schedules, as there are cities and towns in their counties respectively; and also, at the same time, deliver to each of the persons aforesaid, to whom the said blank returns shall be delivered, a like number of copies of this act, and it is hereby made the duty of the said treasurers respectively, to deliver, on or before the third day of May next, to the clerks of each of the towns in their county, and to the clerks of the cities of Hudson and Schenectady, the said returns, and copies of this act, provided as aforesaid, for such towns and cities.

be taken, and

II. And be it further enacted, That the persons so to be ap- Number of pointed as aforesaid, shall, without delay, take the number of all Electors to the electors residing in the said cities, towns or wards, for which in what man they shall respectively be appointed, and enter the same in their ner returns, to be delivered as aforesaid, in manner following, that is to say For the said city of Hudson, the wards of the city of Schenectady, and the several towns of this state, in the first columo, the name of the head of each family ; in the second column, the whole number of male inhabitants in the same family, if any, who are above the age of twenty-one years, and are possessed of freeholds within this state, of the value of two hun

dred and fifty dollars, over and above all debts charged thereon ; in the third column, the whole number of male inhabitants in the same family, if any, who are above the age of twenty-one years, and are possessed of freeholds in the county of their residence, of the value of fifty dollars; in the fourth column, the number of male inhabitants in the same family, if any, not possessed of freeholds in the same county, and above the age of twenty-one years, who rent tenements of the yearly value of five dollars; but no person shall be numbered in the said third column who has been numbered in the said second column, nor any person numbered in the said fourth column who has been numbered in either of the said second or third columns; and for the said city of NewYork, the returns of the said census shall, in respect to the four first columns, be taken in like manner as aforesaid; and in the fifth column shall be inserted the number of male inhabitants in the same family, if any, who were freemen of the city of NewYork, on the fourteenth day of October, one thousand seven hundred and seventy-five; and for the said city of Albany, the like proceedings shall be had in respect to the four first columns, and in the fifth column shall be entered the number of male inhabitants in the same family, if any, who were freemen of the same on the twentieth day of April, one thousand seven hundred and seventy-seven; and no person shall be numbered in the said fifth column who has been numbered in either of the other columns ; and the returns so made out, as aforesaid, shall be certified by the be sworn to, person taking the same, to be true, according to his best knowbe delivered. ledge and belief, and subscribed and sworn to, before any justice of the peace, who shall certify such attestation; and such person shall, on or before the first day of December next, cause the returns, by him made out as aforesaid, to be delivered in manner following, that is to say: For the said cities of Hudson, Schenectady, Albany and New-York, to the clerks of the said cities respectively, and for the said towns, to the respective clerks thereof, which clerks of the said cities of Hudson, Schenectady and Albany, and the said towns, shall cause such returns to be delivered without delay to the treasurers of the counties respectively in which such cities or towns are situated, who shall, on or before the first day of February next, enclose such returns, and under seal, and by some one member of the legislature, for the To be trans- time being, or other safe person, transmit the same to the secresecretary of tary of this state; and the clerk of the said city of New-York shall, within the like period, enclose and cause to be delivered to the secretary, as aforesaid, the said returns for said city.

Returns to

and where to

mitted to the

state.

Bersons taking the cen

minister cer tain oaths.

III. And be it further enacted, That the persons so appointed to take the said census, shall be and hereby are respectively ausus may ad thorised to administer an oath to, and examine any person, touching the premises, to enable them to execute the duties enjoined and if any person shall, whether upon oath or otherwise, give to any such person appointed to take the said census, false information, either as to number or qualification of any persons as electors, or any other matter necessary for enabling them to execute the duties hereby enjoined, such person so offending, shall forfeit the sum of twenty-five dollars, to be recovered with costs of suit,

ces.

before any justice of the peace, to the use and benefit of any person who shall prosecute therefor; and if any of the said persons whose duty it shall be to appoint proper persons to take the said Penalty for census, or any of the persons so appointed, or any county treasur- certain offen. er, or any other person, on whom any duty is imposed by this act, shall refuse or neglect to perform the duty enjoined upon them respectively, every such person so offending shall forfeit and pay to the people of this state, the sum of one hundred and fifty dollars, to be recovered by the attorney-general, with costs of suit, by action of debt or information, in any court of record having cognizance thereof.

sus, how to

IV. And be it further enacted, That the accounts of the per- Accounts for sons taking the said census, shall be audited by the supervisors taking cenof the county, and thereupon be assessed, collected and paid, as be audited part of the contingent expenses of the same county; and if it and paid. shall be necessary in any case to transmit to the secretary of this state the said returns by special messenger, such messenger shall be allowed at and after the rate of eighteen cents per mile for his travel, going only, to the secretary, to be paid by the treasurer of the state, upon the certificate of the secretary thereof.

report to the

V. And be it further enacted, That the secretary of this state Secretary of shall, without delay, after receiving the said returns, make and state to make report to the legislature, a general account of the electors of the legislature. state, in manner prescribed by the eighth section of the said recited act.

inhabitants

manuer.

state.

VI. And be it further enacted, That the persons respectively Number of who shall be appointed to take the said census of electors, under to be taken, and in pursuance of this act, shall also, at the same time, take the and in what number of all the inhabitants (Indians not taxed excepted) residing in the respective cities, wards and towns of this state, wherein such census of electors shall be taken, and shall enter the same in their returns, to be delivered as aforesaid; distinguishing in such enumeration and returns, free persons, including those bound to service for a term of years, from all others; and distinguishing also, the sexes of free persons, and the free males, and free females, respectively, under the age of eighteen years; and those of the age of eighteen years, and under forty-five years; and those of the said age of forty-five years and upwards: And Duty of sefor those purposes, the secretary of this state shall cause proper cretary of additional columns to be made to the blank returns which he is directed by the first section of this act to cause to be printed in the form of schedules, and to be distributed and delivered as prescribed by the said section, one of which additional columns to be headed as follows: "Free white males under eighteen years of age," and to contain the whole number of such free white males in each family; and one other of the said additional columns to be headed as follows: "Free white males of the age of eighteen years, and under forty-five years," and to contain the whole number of such free white males in each family; and one other of the said additional columns to be headed as follows: "Free white males of the age of forty-five years and upwards," and to contain the whole number of such free white males in each family; and one other of the said additional columns to be headLAWS-S, 37.

29

Where per

where to be

ed as follows: "Free white females under eighteen years of age," and to contain the whole number of such free white females in each family; and one other of the said additional columns to be headed as follows: : "Free white females of the age of eighteen years, and under forty-five years," and to contain the whole number of such white free females in each family; and one other of the said additional columns to be headed as follows: "Free white females of the age of forty-five years and upwards," and to contain the whole number of such free white females in each family; and one other of the said additional columns to be headed as follows: "All other free persons," and to contain the whole number of such other free persons in each family; and one other of the said additional columns shall be headed with the word, "Slaves," and shall contain the whole number of slaves residing within such cities, wards and towns respectively.

VII. And be it further enacted, That every person whose ususons deemed al place of abode shall be in any family on the said first day of to reside, and June next, shall be returned as of such family; and the name of enumerated. every person who shall be an inhabitant of any such city, ward or town, but without a settled place of residence, shall be inserted in the column of the aforesaid schedules, which is allotted for the heads of families, in that division where he or she shall be on the said first day of June next; and every person occasionally absent at the time of the enumeration, as belonging to that place in which he usually resides in the state.

[Note. The 5th article of the constitution (vide V. N. & W. vol. 1, 35) requires a census to be taken once in every seven years.-The first census under the consti tution was in 1790, under the act of February 18, 1799, by which it appeared, that the population of this state was 238,897 souls.-The second census was in 1795, under the act of March 3, 1795, when the whole number of electors appeared to be 64,017, (the number of souls do not appear from the returns in the secretary's office) -The third census was in 1801, under the act of April 7, 1801, when the whole number of electors appeared to be 85,907.-The fourth and last census was in 1807, under the act of April 3, 1807, when the whole number of electors appeared to be 120,365.-It is not necessary here to notice the different census taken under the constitution of the United States, as these are not connected with the subjects of legislation here.]

Corporation created and general pow.

ers.

CHAP. CXC.

An ACT to incorporate the Caalerskill Turnpike Company, and for other purposes.

Passed April 15, 1814. .

I. BE it enacted by the People of the state of New-York, represented in Senate and Assembly, That Joseph Klein, Isaac Duboise, and all such persons as shall associate for the purpose of making a good and sufficient turnpike road, commencing at or near the houses of Peter Fero or Elias Dutcher, in the town of Cairo, from thence to take the best and most convenient route, on the south side of the hill called the round top, to Joseph Klein's factory on the Caaterskill, and thence to extend, and terminating at or near the house of Henry Race, on the Little Delaware turn

Style.

pike road, in the town of Catskill, so as to promote the interest of the public and this corporation, shall be and hereby are created a body politic and corporate, by the name of "the Caaterskill turnpike company," and they are hereby constituted and declared, a body politic, in fact and in name, and by that name they and their successors shall and may have continual succession, and hereby declared capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever; and also may make and use a common seal, and may alter the same at pleasure; and also, that they are hereby made capable in law of purchasing and conveying any estate, real or personal: Provided, Such estate, as well real as personal, Proviso. so to be purchased and held, shall be necessary to fulfil the end and intent of the said corporation, and to no other purpose what

ever.

to receive subscriptions

II. And be it further enacted, That the stock of the said com- Capital stock pany hereby incorporated, shall not consist of more than four hundred shares, of twenty-five dollars each; and that Joseph Commiss'rs Klein, Isaac Duboise and Teunis Van Vechten, are hereby appointed commissioners to receive subscriptions for the said stock, in the manner directed in and by the act, entitled " an act relative to turnpike companies," passed the thirteenth day of March, one thousand eight hundred and seven.

III. And be it further enacted, That the said company hereby Toll to be incorporated shall be entitled to exact and receive, at each of received. the gates or turnpikes to be erected on said road, for any number of miles not less than ten in length of the said road, the following sums of money, and so in proportion for any greater or less distance, from all persons travelling or using the same, the following rates of toll, to wit: For every cart or waggon, drawn by two horses, mules or oxen, twelve and one half cents; and three cents for every additional horse, mule or ox, attached to such waggon or cart; for every coach, coachee, phaeton or curricle, with two horses, twenty-five cents; and six cents for each additional horse; for every sulkey, chair, chaise or other one horse pleasure carriage, twelve and one half cents; for every waggon or cart, drawn by one horse, eight cents; for every horse and rider, six and one quarter cents; for every horse driven or led, three cents; for every sleigh or sled, drawn by two horses, mules or oxen, eight cents; and so in proportion for a greater or less number; for every score of horses, cattle or mules, twelve and one half cents; and so in proportion for a greater or less number; for every score of sheep or hogs, eight cents; and so in proportion for any greater or less number.

corporation.

IV. And be it further enacted, That the said company hereby mmunities, incorporated, shall have and enjoy all the rights and privileges, &c. of the powers and immunities, which are given and granted in and by the aforesaid act, entitled "an act relative to turnpike companies," and shall be subject to all the conditions, provisions, restrictions and regulations, contained in said act: Provided howerer, The chord of the arch of the road hereby authorised to be made, shall not be less than twenty feet.

Proviso