Page:Federal Reporter, 1st Series, Volume 2.djvu/532

 WHITING V. TOWN OF POTTER. 525 �Express, a newspaper printed and published at Penn Yan, in the town of Milo, in said county of Yates, directed 'to vfhom it may concern.'setting forth that on the twenty-fifth day of August, 1871, at 10 o'clock in the f orenoon of thatday, the said countyr-judge would proceed to take proofs of the faets set forth in the said petition, as to the number of tax payers of said town joining in said petition, and as to the amount of taxable property represented by them, and suoh other mat- ters as might be proper in the premises; and whereas, on the said twenty-fifth day of August, 1871, at 10 o'clock in the forenoon of that day, proof by affidavit having been duly made to the said county judge of the proclamation of said notice pursuant to such order as aforesaid, the parties inter- ested in said matter and proceedings appeared before said county judge, at his office in Penn Yan, aforesaid — Hon. E. B. Potter and D. B. Prasser appearing as counsel for said petitioners, and in favor of said application, and no one appearing opposed to said application, — and on that day made proofs and allegations before me of the faets set forth in said petition, as to the number of tax payers of said town of Potter joining- in such petition, and as to the amount of taxable property represented by them, as shown by the last preceding tax list or assessment roU of said town, and the whole amount of taxable property of said town, as shown by the said last preceding tax list or assessment roll, and of ail other faets necessary to be taken into consideration relating thereto ; and other tax payers of said town of Potter then and there appeared before said county judge, and expressed a de- sire to join as petitioners in said petition, and did so join as petitioners in said petition, and proof being taken as to the number of tax payers in said petition, and as to the amount of taxable property represented by them, as appearing upon the said tax list or assessment roll, and, after hearing the argument of the counsel aforesaid, it appearing satisfactorily to the said county judge that the said petitioners whose names appear upon the said tax list or assessment roll, and the other tax payers aforesaid of said town who did then and there on such proceedings appear before him, and express a ����