The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1867-04-16

may require.
Sec B. This act shall take effect from
i,s passage.
An Act TO enable the towns therein named
to aid in the construction of the Mont
pelcr and 1t. Johnsbury, and Essex
County Railroad.
II is hereby enacted, &c.
Sec. l. The towns Of Montpelier, East
Montpelier. Plaiuficld, Marshhcd, and
Cabot n Washington County, the town
of Orange in Orange County, the towns of
llardwick, Walden, Danvillc, Peacham,
st. Johnsburv, Waterford and Kirby, in
Caledonia County. and the towns of Con
cord and Lunenburgh, in Essex County,
are hereby authorized and empo wered in
the manner hereafter specified, to aid in
the construction of the Montpelier and
ST. Johnsbury, and the Essex County
Railroads, either by subscribing for, or
purchasing the stock or bonds Of such
roads Or by guaranteeing the payment OF
interest on such stock or bonds.
Sec. .. Such subscription, purchase or
contract, may be made by any ol said
towns when the assent in writing thereto
Of majority Of those paying taxes, both
IN numbcr and amount Of grand list then
in force in such town, shall first be obtain.
ed by an instrument of assent, signed and
acknDwlc lged before any person author
ilcl to take the acknowledgement OF deeds
in the county in which such town is sit
uatcd, by each person So asserting; and
each assent shall be dated, and shall
specify the amount of 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 Taxpayer shall be bind
ing or of force, or be counted in ascer
tanning The majority aforesaid, unless such
majority shall have been obtained within
-ix months from the date of the first GER
tilic"tc of assent.
Sc , Every such instrument Of assent
shall name three ptrspnS who shall be
resident citizens and 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, subscription or
purchase therein mentioned. And when
said commissioner shall have made and
executed said subscription, purchase or
contract, in pursuance of the terms OF
such assent and the provisions of this act,
the same shall be binding upon such town.
See. +. Any of said towns is hereby
authorized and empowered to make and
issue negotiable bonds or notes at a rate
OF interest not exceeding seven per cent.
per annum, specified in semi annual
coupons tn reto attached, for the purpose
OF carrying out the contract. purchase or
subscription made by the commissioners
of such town, a. before provided in this
act SAID bonds or notes shall be signed
by the sclecImen 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 o! 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
entitled thereto by the terms of such con
tract, purchase or subscription.
Sec. >. In determining the majority
provided for in section two of this act,
reference shall be had to the S"and list of
such town in force at the first certificate
OF assent is made And where the estate
of any person deccased,o or under guardian
ship,or any estate in the hands of trustees,
shall be included IN sad list, the executor,
administrator, guardian or trustee repres-
entlnG such estate, is hereby authorize
to give the assent hercinbelorc 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 pro-
vded for shall be given by the person or
party to whom such property has been
conveyed. In determining the majority
provided forJ in section two of this act.
taxpayers non resident in such town, and
the grand list against such non resident
tax payer, shall be excluded.
Sec. 6 When any instrument of assent
herein provided for shall have been signed
and ackno" Lodged by the majority in the
manner hercinbeiore required, the com
miSSloners named in such instrument shall
append thereto certificate, by them sub
scrlbed and sworn to, stating that such
assent has been signed and acknowledged
by such msjorily as is required by this
act, and shall cause such instrum' mt of
assent, and such certificate, to be filed and
recorded in the town clerk office of such
town, and shall also cause copy of such
instrument 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 town is situated,
and until said records are made, such
commissioners shall not proceed TO make
any contract, subscription or purchase, on
behalf OF such town. Before entering
upon their duties said commissioner shall
be sworn TO faithful performance of
their duties, and certificate of such