Page:Federal Reporter, 1st Series, Volume 2.djvu/528

 WHITING V. TOWN OF POTTEB. 621 �upon said list or roll, he shall so adjudge and detennine, and cause the same to be entered of record in the ofSce of the clerk of the county in which said municipal corporation is situated, and such judgment and the record thereof shall have the same force and effect as other judgments and rec- ords in courts of record in this state. * * • T}ie judge shall file the petition as part of the judgment roll. * * *" �The third section of the act of 1869 provides as follows : �"Sec. 3. If the said judge shall adjudge and detefinine that such petitioners do represent a majority of such taxi paj'ers, as aforesaid, and a majority of such taxable property, as aforesaid, it shall be his duty forthwith to appoint and commission three persons * * * to be commissioners for the purposes hereinafter named. * * *" �The fourth section of the act of 1869, as amended by the act of April 4, 1871, (Laws of New York, 1871, c. 283,) pro- vides that it shall be the duty of such commissioners to cause to be made and executed the bonds of such municipal corpo- ration, signed and certified by them, bearing interest at the rate of 7 per cent, per annum, payable semi-annnually, and also bearing interest warrants corresponding in number and amounts with the several paymenfcs of interest to become due thereon. �The fifth section of the act of 1869 empowers and directs such commissioner to subscribe in the name of such munici- pal corporation to the stock of the company named in such petition, to an amount equal to the amount of bonds so created by them, and to pay for the same by exchanging the said bonds therefor at par. �The sixth section of the act of 1869 provides that the bonda of any muncipal corporation issued pursuant to its provisions shall be a charge upon the real and personal estate within the limits thereof, and that the principal and interest thereof, when due, shall be collected and paid in like manner as other debts, obligations and charges against the said municipal corporation. �The act of April 28, 1870, (Laws of New York, 1870, c. 507,) as amended by section 5 of the att of May 12, 1871, provides' ����