Page:Federal Reporter, 1st Series, Volume 2.djvu/531

524 bonds to the amount named in said petition, to-wit, the sum of $30,000, and invest the same in the stock of the Geneva & Southwestern Railway Company, a railroad company existing in the said state of New York; that said sum of $30,000 does not exceed 20 per cent. of the whole amount of taxable property, as shown by said assessment roll or tax list."

To the petition and affidavit is appended the judgment of the county judge, in these words:

"Whereas, on the 4th day of August, 1871, an application was made to the county judge of the county of Yates, by certain tax payers of the town of Potter, in said county, purporting to be a majority of the tax payers of said town, whose names appear upon the last preceding tax list or assessment roll of said town as owning or representing a majority of the taxable property in the corporate limits of such town, by petition, verified by one of said petitioners, setting forth that they are a majority of the tax payers of the said town whose names appear upon the last preceding tax list, or assessment roll, of said town, as owning or representing a majority of the taxable property in the corporate limits of said town, and that they desire that said town of Potter shall create and issue its bonds to the amount of $30,000, the sum not exceeding 20 per cent. for the whole amount of taxable property, as shown by said tax list and assessment roll and invest the said bonds in the stock in the Geneva & Southwestern Railway Company, a corporation in this state, and that for this purpose commissioners might be appointed, and all and singular such proceedings be had requisite for the purpose, pursuant to the statute in such cases made and provided, whereupon, said county judge, on said fourth day of August, 1871, pursuant to the statute, duly made an order that a notice should be forthwith published in the Penn Yan