Page:Federal Reporter, 1st Series, Volume 2.djvu/530

 WHITING V. TOWN OF POTTEE. 623 �amount of $30,000, the same not exeeeding 20 per cent, of the whole amount of taxable property shown by said tax list and assessment roll, and invest the said bonds in the stock of the Geneva & Southwestern Eailway Company, a railroad corporation in the state of New York, and that for this pur- pose commissioners may be appointed and sucb proceedings may be bad as are prescribed by an act to authorize the formation of railroad corporations and to regulate the same, passed April 2, 1850, and an acl passed May 18, 1869, amendatory tbereof, and acts amendatory of the same." �Tben follows, appended to the petition, an affidavit made by Emmett C. Dwelle, sworn and subscribed before the county judge on the fourtb of August, 1871, in these words: �"State of New York, Yates County, — ss.: �"Emmett C. Dwelle, being duly sworn, deposes and says that be resides in the town of Potter, in the county of Yates and state of New York, and is a tax payer in said town of Potter upon real and personal property tbereintaxed; that he is one of the petitioners named in and who signed the annexed petition ; that he bas read the same and knows the contents thereof, and that he believes the same to be true ; that the peti- tioners whose names are signed to said petition are a majority of the tax payers of said town of Potter, Yates county, and state of New York, who are taxed or assessed for property tberein, not including those taxed for dogs or higbway tax only, whose names appear upon the last preceding assessment roll or tax list pf said town of Potter, and who are assessed or taxed, or represent a majority of the taxable property upon said last assessment roll or tax list ; that he knows the same by an actual inspection of said assessment roll or tax list, and by comparing the same with the said petition and the names thereto signed; that, frombis own knowledge as to part of the signatures of said petitioners who bave signed said petition as aforesaid, and upon information and belief as to the rest of said signatures, this deponent verily believes the same to be true and genuine; that, as appears by said petition, such petition- ers desire that said town of Potter sball create and issue its ����