Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-04-18

In numnsr and amount OF grand list
thrn It. force IN such town, shall tlrst be
obtained by al instrument of assent,
slgued and acknowledged before any
prison authorized 10 take the acknow-
ledgement OF deeds in the county in
which such town Is situated, by each
person 50 asserting; and each assent
shall be dated, and shall specify the
amount o! the grand list Of the person
asserting. Said instrument Of assent
shall set forth In substance the contract,
subscription or purchase, TO be made by
such town, and the conditions on which
the same Is TO be made; provided, the
assent OF no tax payer shall be binding
or OF force, or be counted In ascertain
Ing the msl lrlty aforesaid nnless such
majority shall have been obtained with
In SIX months from the date of the first
certificate of assent.
SEC, 3. Every such instrument of as
sent shall name three persons, who shall
be resident citizens aud tax payers of
the town wherein such assent shall take
effect, who shall be commissioners to
make and execute in the name of and on
behalf Of such town, the contract, sub
scription or purchase therein mentioned.
And when said commissioner shall have
made and executed said substitution,
purchase or contract, in pursuance of
the terms Of such assent and the provi-
sions of this act, the same shall be bind
ing upon such town.
SEC. 4. Any of said towns is hereby
authorized and empowered to make and
issue negotiable bonds or notes at rate
OF Interest not exceeding seven per cent.
per annum, specified in semi. annual
coupons thereto attached, for the pur-
pose OF carrying out the contract, pur-
chase or subscription made by the COM
mlssioners OF such town, as before pro.
vided in this act. Said bonds or notes
shall be signed by the selectmen and
countersigned by the treasurer of the
town issuing the same, and shall be
dated and numbered and a record of
said bonds or notes shall be made and
Kept in the town clerks Office OF such
town. And the treasurer OF such town
is hereby authorized, and it is made his
duty, to issue said bonds or notes or pay
over the avails thereof, to the parties en-
titled thereto by the terms of such con-
tract, purchase or subscription.
Sec. 5. In determining the majority
provided for in section of this act, re-
ference shall be had to the grand list of
such town in force at the time the first
certificate Of assent is made. And
where the estate of any person deceased,
or under guardianship, or any estate in
the hands Of trustees, shall be included
in said list, the executor, administrator,
guardian or trustee representing such
estate, is hereby authorized to give the
assent hereinbefOre provided, in behalf
OF such estate. In case the property of
any corporation is embraced in such
list, the majority Of the directors of
such corporation may give such assent.
And where any real estate included in
such list, has, since the making of said
list been conveyed the assent herein
provided for shall be given by the per-
son or party to whom such property has
been conveyed. In determining the ma.
jority provided for in section two of
this act, taxpayers, non-residents in
such town, and the grand list against
such nonresident Taxpayers, shall be
excluded.
Sec. 6. When any instrument of as
sent, herein provided for shall have
been signed and acknowledged by the
majority in the manner hereinafter re-
CURED, the commissioners uamed in such
instrument shall append thereto certi-
ticate, by them subscribed and sworn to,
stating that such assent has been signed
and acknowledged by such majority as
is required by this act, and shall cause
such instrument of assent, and such GER
titicate, to be filed and recorded in the
town clerks office Of such town, ard
shall also cause copy of such instru-
ment and certificate, certified by the
town clerk of such town, to be lodged
and recorded in the county clerks office
in the county in which said to Rn is sit
uated; and until said records are Fnade,
such commissioners shall not proceed to
make any contract, subscription or pur-
chase, on behalf of such town. Before
entering upon their duties said commits
sIohers shall be sworn to q faithful per
40rmanCe Of their duties, and Certih-
cate OF such oath shall be made upon
such Instrument Of assent and recorded
herewith. Such instruments ard certi-
tcateS so executed and recorded, shall
DC conclusive evidence OF the facts
therein stated, and a certified copy
thereof from either of the Offices where
the same are recorded, shall be admiss-
able as evidence.
Sec. I. If any Of the commissioners
provided for in this act, shall become
from any cause incapable of acting, ary
signer Of the instrument of assent
wherein such commissioner is named.
may apply to the court Of chancerv for
the appointment of commissioner in
the place Of the one thus incapable of
acting and said court, after such no.
tice as it may direct, may make such
appointment; and the person so appoint
ed shall be d resident tax payer in the
town for which he is to act, and shall
have the same powers and duties as
originally named in said instrument of
assent.
Sec. 8. This act shall take effect from
its passage.
Approved March %, 1867.
An Act ceding to the United States ex-