The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1867-04-12

assent.
SEC 3. Every such instrument Of
assent shall name three persons, who
shall be resident citizens and tax-pay-
ers of the town wherein such assent
shall take effect, who shall be commits
sioners 20 make and execute in tho
name of and on behalf of such town,
the contract, subscription or purchase
therein mentioned And when said
commissioner shall have made and ex-
ecuted 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.
SIC. 4. Any of said towns is here
by authorized and empowered to
to make and issue negotiable bonds or
notes at rate of interest not exceed
ing seven per cent. per annum, speci-
fed IN semi-annual coupons thereto
attached, for the purpose of carrying
out the contract, purchase or sub
scription made by the commissioners
of such town, rs before provided in
this act. Said bonds or notes shall
be signed by the selectmen and coun-
tersigned by the treasurer of the town
issuing the same, and shall be dated
and numbered; and 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 tho avails thereof,
to the parties entitled thereto by the
terms of such contract. purchase or
subscription.
SEC. 8. In determining the MAORI
ty provided for in section two of this
act, reference shall be had TO the
grand list of such town in force at the
first certificate Of assent is made. And
where the estate of any person de-
ceased, 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 herein
before provided, in behalf of such es-
tate. 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
III such list has, since the making of
said list, been conveyed, the assent
herein provided for shall be given by
the person or party to whom such
/ property has been conveyed In de
termlning the majority provided for
Ill section two of this act, tax payers
nonresident in such town, and the
grand list against such resident
taxpayer shall be excluded.
SIC. G. When any instrument OF
assent, herein provided for shall have
been signed and acknowledged by the
majority in the manner hereinbefore
required, he commissioners named in
such instrument shall append there
to, aceriiicate, 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 as.
sent, and such certificate, to be filed
and recorded in the town clerks Office
of such town, and shall also cause r
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 il
which said town is situated; and un.
til said records arc made. such com
missioners shall not proceed to make
any contract, subscription or pur
chase, on behalf of such town. Be
fore entering upon their duties saiC
commissioners shall be sworn TO {
, faithful performance of their duties
| and n certificate of such oath shall be
made upon such instrument of assent
and recorded herewith. Such instru
ments and certificates so executed
recorded, shall be conclusive evidenc,
, of the facts therein stated, and Ger
, tilted copy thereof from either of til,
, offices where the same are recorded
t shall be admissible as evidence
Sec. 7. If any of the commission
ers provided for III this act, shall be
come from any cause incapable OF act
ing, any signer of the instrument o
assent wherein such commissioner il
named, may apply to the court of chan
Gerry for the appointment of commits
sioner IN the place of the one thus in
capable of acting; and said court, af
! ter such notice as it may direct, ma,
I make such appointment; and the per
| son so appointed shall be residen
taxpayer IN the town for which he j
to act and shall have the same pow
ems and duties as if originally name,
/ IN said instrument of assent.
@ SEC. s. This act shall take effec
from its passage.
: Approved March So, 1867.