Page:Federal Reporter, 1st Series, Volume 3.djvu/61

 5e FEDERAL REPORTER. �commÎBSÎoners under the above-entitled act for the town of Ontario, in the county of Wayne and state of New York, upon the faith and credit and in behalf of said town, for value received, promise to pay to the bearer the sum of $1,000, on the first day of April, in the year one thousand, eight hun- dred and seventy-nine, at the American Exchange National Bank, in the city of New York, with interest at 7 per cent. per annum, payable semi-annually on the first days of April and October in each year, at the same place, on the presen- tation and surrender of the coupons for such interest hereto annexed. �"In witness whereof we have hereunto set our hands and seals, and have caused the coupons hereto annexed to be signed by H. Hill, one of our members, this first day of No- vember, in the year one thousand eight hundred and seventy- �oue. �"Hezekiah Hill, [l. s.] "A. W. Caset, [l. s.] �"L. E. BOYMTON, [L. s.] �Commissionera." �The coupons were în this form : "$35. Town op Ontabio. �"The American Exchange National Bank of the city of New York will pay the bearer $35 on the first day of April, 1875, being semi-annual interest due on bond No. 5. �H. Hill, Commissioner." �It appeared, by a comparison of the assessment roll with the so-called bonding roll, that, exclusive of the tax payera who had subscribed the consent so verified by said Casey, the total number of tax payers consenting was less than a ma- jority of the total number of tax payers as appeared by the last preceding assessment roll. The plaintifE proved th« incorporation of the railroad company; that it had con- structed the railroad; that the same was now in opera- tion, and that the defendant paid the interest on its bonds for three years after its bonds were issued. The plaintiff then proved the amount due on the coupons set forth in the complaint, and rested. The defendant then offered to ����