Page:Federal Reporter, 1st Series, Volume 3.djvu/63

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56 TEDERAL REPORTES. �tion of said town, încorporated village, or city, to be ascer- tained ty the last assessment roUs thereof respectively, for a termnot exceeding 25 years, at a rate of interest not exceeJing 7 per cent, per annum, and to execute bonds therefor under their hands and seals respectively." The bonds so to be ex- ecuted may be in such Bums, not exceeding the sums set forth in the consent of the tax payers of said corporations, and payable at such times and places, not exceeding 25 years, and in such form, as said eommissioners may deem expedient ; but no such debt shall be contracted or bond issued by said eommissioners of or for either of said towns, incorporated villages, or cities, until consent, on or before January 1, 1871, in -writing, proved by a subscribing witness, who shall swear, in addition to the ordinary form of aifidavits of subscribing witnesses, that the party executing inf ormed the witness that he knew the contents thereof, or acknowledged as provided for conveyanees of real estate, shall first have been obtained of persons owning more than one-half of the taxable property assessed, and appearing upon the last assessment roU of eaid town, incorporated village, or city, and a majorityof the tax payers as appears by such assessment roUs respectively, »nd such fact shall be proved by the affidavits of the assess- ors, or a majority of them, of such towns, incorporated vil- lages, or cities, respectively; and it shall be the duty of such assessors, and they be hereby authorized, to make such affi- davit when the said consent shall be obtained. Said afSdavit and consent, and a copy of the assessment roU, shall be filed in the clerk's office in the respective counties, and certified copies thereof in the town clerk's office of each of the said towns respectively, and the same, or a certified copy thereof, Bhall be evidence of the faots therein contained and certified, in any court of the state, and before any judge or justice thereof." �Section 3 of the act of 1868 authorizes the eommissioners to dispose of the bonds to such persons or corporations, and upon such terms, as they shall deem most advantageous for their said town, incorporated village or city, but for not lesa than par, and proposes that the money that shall be raised ����