Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1867-04-03


pestence give us health, and an uudyng love for
true liberty, equal laws, and indebted religion.
Given under my hand and the seal of the state,
in Executive Chamber at Montpelier, this
twenty-seventh day Of March in the year
rt.s of our Lord one thousand eight hundred
and sixty-seven, aud of the Independence
of the United States the ninety-frst.
PAUL DILLINGHAM;
BY His Excellency the Governor;
WILLIAM p DuuNGuAM.
Secretary Of Civil and Military Affairs.
AN ACT re. ENABLE THE TOWNS THERE
IN NAMED TO AID IN THE CoNsrRUCrioN OF
THE MONTPELIER AND ST JoHNsBuHY, AND
TuE ESSEX CouNiY RAILROADS.
II is herebV enacted by the General assembly Of
the state Of Vermont;
SIC. l. The towns Of Montpelier East
Montpelier Painfeld, AIarshfeld and Cabot in
Washington county the town OF Orange in Orange
county the towns of Hardwick, Walden, Danville,
Peaclam, ST. Johusbury Waterford and Kirby in
Caledonia county, and the towns of Concord and
Lunenburgh in Essex county, are hereby author
ICED and empowered, in the manner hereinafter
specified to aid in the construction of the Mont
pelier and st. Johnsbury and the Essex County
Railroads, either by subscribing Tor or purchasing
the stock or bonds of such roads, or by guaran-
teeinq the payment of interest on such stock or
bonds.
SIC 2. Such subscription, purchase or con-
tract may be made by any of said towns, when
the assent in writing thereto OF majority OF those
paying taxes, both in number and amount Of grand
list then in force in such town shall first be OBJ
tanned by an instrument of assent, signed and
acknowledged before any person authorized to
take the acknowledgement Of deeds in the county
in which such town is situated, by each person so
assening 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 ascortaining the
majority aforesaid, unless such majority shall have
been obtained within six months from the date Of
the first certificate of assent
SEC g. Every such instrument of assent shall
name three persons, who shall be resident citizens
and taxpayers 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 pur-
chase therein mentioned. And when said com
missioners shall have made and executed said
subscription, purchase contract in pursuance of
the terms of such assent, and the provisions Of
this act the same shall be binding upon such
town.
SIC. A. Any Of said towns are hereby author
lied and empowered to make and issue negotiable
bonds or notes at rate OF interest not exceeding
seven per cent per annum, specified in seml-an-
nual coupons thereto attached, for the purpose Of
carrying out the contract purchase or subscription
made by the commissioners OF such town, rs be-
fore provided in this act. SAID bonds notes
shall be signed by the solectmen and countersgned
by the treasurer of the town issuing the same, aud
shall be dated and numbered; and arecord 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
ayals thereof. to the parties entitled thereto by
the terms OF such contract, purchase or subscrip-
ton.
SEC. b. In determining the majority provided
for in section two of this act, reference 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 trus-
tees, shall be included in said list, the executor,
administrator, guardian trustee representing
such estate is hereby authorized TO give the assent
hereinbefore provided IN behalf Of such estate
In the property of any corporation is en-
bIaced 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
person party to whom such property has been
conveyed, In determining the majority provided
for in section two of this act taxpayers non-resi
dent in such town, and the grand list against such
nonresident taxpayer, shall be excluded.
SEC. &. When any instrument of assent, here
in provided for, shall have been signed and ac-
knowledged by the majority in the manner herein-
before required, the commissioners named in such
instrument shall append thereto certificate, by
them subscribed and sworn to, stating that such
assent has been signed and acknowledged by such
majority is required by this act, and shall cause
such instrument of assent and such certificate, to
be filed and recorded in the town clerks Office of
such town, and shall also a copy of such in
strument 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
such town is situated and until said records are
made, such commissioners shall not proceed to
make any contract, subscription purchase, on
behalf of such town. Before entering upon their
duties said commissioners shall be sworn TO
faithful performance of their duties, and certf-
cate of such oath shall be made upon such instru-
ment of assent and recorded Herewith. Such in
strument and certificates, so executed and record
ed, shall be conclusive evidence of the facts there
in stated, and a certified copy thereof from either
of the offices where the recorded, shall
be admissible evidence.
SIC. 2. If any of the commissioners provided
for in this act shall become from any cause inca
pablo of acting, any signer of the instrument of
assent wherein such commissioner is named, may
apply to the court of chancey for the appointment
OF commissioner in the place of the one thus in
capable of acting; and said court, after such no.
tiee as IL may direct, may make such appointment
and the person appointed shall be resident tax
payer in the town for which he is to act and shall
have the same powers and duties as if originally
named in said instrument of assent.
SIC $. This act shall take effect from It's pas
sage