Page:Federal Reporter, 1st Series, Volume 3.djvu/59

 53 TEDEBAIi REPORTES. �by the last assessment roU of said town, and may issue bonda theref or, under their handa and seals, in the manner provided in said act and the act amendatory thereof, and may sub- scribe for and take stock in and for the construction of the Lake Ontario Shore Eailroad, for the amount above named." �The affidavits verifying the signatures to said five consent papers were not objected to, except as to the affidavit to one of them, and as to the affidavit to three of the signatures to fcnother of them. �The affidavits objected to were in this f orm : �"State of New York, Wayne County, ss. On this twenty- sixth day of August, 1870, before me appeared personally Alonzo W. Casey, subscribing witness to the above consent, to me known, who, being by me duly sworn, did depose and say that he resided in the town of Ontario, in said county; that he knew the individuals deseribed in and who executed the above consent ; that he was present and saw the individ- uals sign, seal and deliver the same as and for their act and deed, and each and every one of said individuals was informed by this witness of the contents, whereupon the said Alonzo W. Casey became the subscribing witness thereto. �"A. W. Casey. �" Snbscribed and swom to this twenty-sixth day of August, 1870, before me, �"H. HiLL, �"Justice of the Peace." The affidavit of the assessors, the several assessors, the «everal consents, and the verifications thereof, were sepa- rately and respectively marked on the back thereof, in the handwriting of the county clerk of Wayne county for the time being, or his deputy, as filed in such "Wayne county clerk'a office December 23, 1870. The counsel for the defendant in due time objected to the introduction of said papers on the ground. that the affidavit of the assessors was insufficient, in that it did not state that a majority of the tax payera of said town, as appeared by the last preceding assessment roU, had consented that a debt should be contracted by said town and bonds issued by it, and also that the said affidavit was ����