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and made part of the city and county of New York, subject to the same jurisdiction, laws, ordinances, regulations, and liabilities, and entitled to the same rights, privileges, franchises, and immunities in every respect, and to the same extent as if such island had been included within the said city and county of New York at the time of the adoption of the first charter and organisation thereof, and had so remained up to the passage of the Act effecting said annexation, except, however, that until constitutionally and legally changed, said territory should remain in, and constitute a part of, the same election district in which it had heretofore been subject to existing laws. annexed territory was constituted a part of the 23d ward of the city of New York, subject to the laws, regulations, ordinances, and jurisdiction then in force or thereafter established.

This

In 1881 the boundary-line between the counties of Queens and Suffolk was (by Act) extended northwardly into Long Island Sound, at a right angle to the general trend of the coast, until it intersected the boundary-line between the States of New York and Connecticut, as then lately established by the commissioners of the said states, and confirmed by the respective legislatures thereof. The boundary lines of the several towns in the counties of Queens and Suffolk that adjoin Long Island Sound were extended northwardly into Long Island Sound at right angles to the general trend of the coast at their several respective points, until they intersected the boundary-line between the States of New York and Connecticut, lately established and confirmed as aforesaid. The jurisdiction of the legally constituted officers of Queens and Suffolk counties, and of the respective towns of said counties bordering on Long Island Sound, was

extended over the waters of said Sound to the Connecticut state line.

2. SENATE DISTRICTS.

At the first session after the return of every enumeration made of the inhabitants of the state, the senate districts are so altered by the legislature that each district contains as nearly as may be an equal number of inhabitants-excluding aliens, paupers, and persons of colour not taxed. Each senate district is required at all times to consist of contiguous territory, and no county can be divided in the formation of a senate district. By the laws of 1879, chap. 206, the senate districts of the State of New York, from and after the passage of the Act, were to consist as therein stated, and to be 32 in number. The city of New York was divided into several districts, each of so many wards the wards even being divided. The fifth senate district was to consist of the county of Richmond and the then 1st, 2d, 3d, 5th, 6th, 8th, and 14th wards, and part of the 9th ward of the city of New York.

3. CONGRESSIONAL DISTRICTS.

Each district is entitled to elect one member. By chap. 798 of the laws of 1873, the State of New York was divided for the election of representatives in Congress of the United States into 33 districts, each composed of so many counties or wards of cities-a ward in some cases being divided, but no county being divided. No congressional district was composed of a county with one or more city wards added.

4. TOWNS.

Each county is composed of so many towns, whose boundaries are clearly described in the same manner as the

The

boundaries of counties and states. The number of towns in each county varies; and from time to time, as existing towns are taken from or added to, or new towns are erected, the total number increases or diminishes, but the tendency is to increase. general rules as to towns are: (1.) All lines described by courses indicated by the magnetic needle, are respectively to be taken as the magnetic needle pointed at the several times when such lines were originally established. (2.) None of the bounds or lines assigned for the limits of any town is construed to affect the right or title of any person or body politic, or to confirm the bounds or right of any patent whatsoever. (3.) Whenever two towns are separated from each other by a river, creek, or lake, the middle of the channel of such river, creek, or lake is the divisionline between them, unless otherwise provided. (4.) Whenever the boundary-line between two towns crosses an island, the whole of such island is deemed to be within the town in which the greater part of it lies, unless otherwise provided.

There are upwards of 1000 towns in the State of New York.

5. CITIES.

All lines which, in the bounds of the cities or wards, are described by courses indicated by the magnetic needle, are respectively to be taken as the magnetic needle pointed at the several times when such lines were originally established. None of the boundary-lines assigned for the limits of any city or ward is construed to affect the right or title of any person or body politic, or to confirm the bounds or right of any patent whatsoever. In the State of New York are presently 25 citiesviz., (1) Albany, (2) Auburn, (3) Binghampton, (4) Brooklyn, (5) Buffalo,

(6) Cohoes, (7) Dunkirk, (8) Elmira, (9) Hudson, (10) Kingston, (11) Lockport, (12) Long Island City, (13) Newburgh, (14) New York, (15) Ogdensburgh, (16) Oswego, (17) Poughkeepsie, (18) Rochester, (19) Rome, (20) Schenectady, (21) Syracuse, (22) Troy, (23) Utica, (24) Watertown, (25) Yonkers.

6. GENERAL PROVISIONS CONCERNING the ERECTION and ALTERATION of COUNTIES, CITIES, VILLAGES, and TOWNS.

1. All persons intending to apply to the legislature for the 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.

2. 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.

3. 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.

4. No town in this state shall be divided or altered in its bounds, nor shall any new town be erected without an application to the legislature by the inhabitants of such town so to be divided or altered, or of the several towns out of which such new town is to be erected, or some of them; and notice in writing of such intended application, subscribed by at least five persons resident and freeholders in such town or towns, shall be affixed on the outer door of the house where the next town meeting is to be held in each of the towns

to be affected thereby, at least ten days previous to the town meeting in each of these towns.

5. A copy of such notice shall also be read at the town meeting of every town to be affected thereby, to the electors there assembled, by the clerk of the town, immediately before proceeding to the election of town offi

cers.

6. The persons applying for the division or alteration of the bounds of any town, or for the erection of a new town, shall also procure such survey and map as is required in the first section of this title, which shall be laid before the legislature and filed with the surveyor-general as above provided.

N.B.-Sections 4 and 5 have not been expressly repealed, although they are probably to be deemed superseded by subsequent Acts conferring powers upon boards of supervisors.

7. ASSEMBLY DISTRICTS.

By chap. 208 of the laws of 1879 the number of members of assembly of this state thereafter to be chosen in the several counties thereof was set forth. Each county got one member, and some counties more than one. By section 3 of said Act the supervisors of those counties which were entitled to more than one member of assembly, except in the city and county of New York, and in said city and county the board of aldermen of said city, were to meet on the third Tuesday of June then next, at the place where their meetings were last held, and to organise by appointing one of their number as chairman and another as secretary, and to proceed to divide their respective counties into so many assembly districts as they were entitled respectively to members of assembly under said Act, and thereupon make their certificates respec

tively, containing a description of each assembly district, specifying the number of each district and the population thereof according to the last state census. These certificates were respectively signed by a majority of the supervisors respectively, except in the city and county of New York, and in said city and county by a majority of the board of aldermen of said city; and duplicate certificates were filed in the office of the secretary of state and the office of the clerk of their respective counties.

8. JUDICIAL DISTRICTS.

The State of New York is divided into eight judicial districts, pursuant to the fourth section of the sixth article of the constitution, arranged as follows:

1. The city of New York.

2. The counties of Richmond, Suf-
folk, Queens, Kings, West-
chester, Orange, Rockland,
Putnam, and Dutchess.
3. The counties of Columbia, Sul-
livan, Ulster, Greene, Albany,
Schoharie, and Rensselaer.
4. The counties of Warren, Sara-
toga, Washington, Essex,
Franklin, St Lawrence, Clin-
ton, Montgomery, Hamilton,
Fulton, and Schenectady.
5. The counties of Onondaga,
Oneida, Oswego, Herkimer,
Jefferson, Lewis, and Schuy-
ler.

6. The counties of Otsego, Dela-
ware, Madison, Chenango,
Broome, Tioga, Chemung,
Tompkins, and Cortland.
7. The counties of Livingston,
Wayne, Seneca, Yates, On-
tario, Steuben, Monroe, and
Cayuga.

8. The counties of Erie, Chau-
tauqua, Cattaraugus, Orleans,
Niagara, Genessee, Allegany,
and Wyoming.

These judicial districts may be

altered by act of the legislature. By the laws of 1870, chap. 408, the state was divided into four departments

First consists of the first judicial district.

Second consists of the second judicial district.

Third consists of the third, fourth,

and sixth judicial districts. Fourth consists of the fifth, seventh, and eighth judicial districts.

CENSUS.

By the laws of 1855, chap. 64, an enumeration of the inhabitants of this state is to be taken every tenth year after 1855. The Secretary of State appoints one or more enumerators in and for each town and ward, as the case may be, who have been residents of such ward or town at least one year before such appointment. On the 1st day of June in each census year the enumerators proceed to enumerate, truly and accurately, the inhabitants residing in the ward, town, or district for which they have been respectively 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 such convenient means as may be in their power. Every person whose usual place of abode is in any family on the census day is 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. The returns, duly certified, with duplicate copies thereof carefully made and compared, and duly certified, have to be delivered to the county clerk of the county in which the enumerators reside on or before the 1st day of July thereafter. duplicate returns filed in his office are carefully boxed, and immediately transmitted by the county clerk, by express, to the secretary of state at Albany. The secretary of state, after receiving these duplicates, prepares and reports to the legislature a

The

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. Any person being the head of a family or member thereof, above the age of twenty-one years, who refuses to give any enumerator the information required by him relative to any of the particulars which such enumerator is required to state in his returns, or wilfully gives false information, forfeits and pays a penalty of $50, to be sued for and recovered, with costs of suit, by and in the name of the supervisor of the town of such person, and to be paid over to the town superintendent for the benefit of the common schools of such town; except in New York city, where the suit is in name of the mayor, aldermen, and commonalty, and the penalty is paid over to the Board of Education for the benefit of the common schools in the city. The secretary of state appoints suitable enumerators to enumerate the Indians residing on the several reservations in the state, and who return the number of acres of land cultivated by the Indians, and such other statistics as it may be in their power to collect, and as the secretary of state prescribes in his instructions. The county clerk causes the original returns filed, carefully arranged by towns or wards, to be bound by the 1st day of January following the census, and carefully preserved among the records of his office. The compensation of the enumerators

is $3 for each day actually and necessarily employed in making the enumeration and the duplicate copy of the returns. The supervisors of the respective counties audit the accounts of the enumerators and of the county and town clerks, and the amounts are assessed, collected, and paid as part of the contingent expenses of the respective counties. But no account

is allowed unless the secretary of state has notified the clerk of the board of supervisors of the receipt and acceptance of the returns for which compensation is claimed.

A state census was accordingly taken in 1855, 1865, and 1875; but the legislature having failed to make the necessary provision for the expenses no census was taken in 1885.

RIGHTS OF CITIZENS AND INHABITANTS OF THE STATE.

1. No authority can, on any pretence whatsoever, be exercised over the citizens of this state but such as is or shall be derived from and granted by the people of this state.

2. No tax, duty, aid, or imposition whatsoever, except such as may be laid by a law of the United States, can be taken or levied within this state without the grant and assent of the people of this state by their representatives in senate and assembly; and no citizen of this state can be by any means compelled to contribute to any gift, loan, tax, or other like charge, not laid or imposed by a law of the United States or by the legislature of this state.

3. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.

4. No citizen of this state can be constrained to arm himself, or to go out of this state, or to find soldiers or men of arms, either horsemen or footmen, without the grant and assent of the people of this state, by their representatives in senate and assembly, except in the cases specially provided for by the Constitution of the United States.

5. All such inhabitants of this state, of any religious denomination whatever, as, from scruples of conscience, may be averse to bearing arms, are to be excused therefrom

by paying to the state an equivalent in money; and the legislature is required to provide by law for the collection of such equivalent, to be estimated according to the expense, in time and money, of an ordinary ablebodied militiaman.

6. No soldier can, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.

7. No member of this state can be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.

8. The trial by jury, in all cases in which it has heretofore been used, is to remain inviolate for ever; and no new court can be instituted but such as shall proceed according to the course of the common law, except such courts of equity as the legislature by the constitution of this state is authorised to establish.

9. The free exercise and enjoyment of religious profession and worship without discrimination or preference is for ever to be allowed in this state to all mankind; but the liberty of conscience so secured is not to be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace or safety of this state.

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