Now comes Andrew Elliot and presents the report of an election held in the town on the June 19, 1868, verified by affidavit of the Inspector thereof showing that 95 votes were cast at such election, and that 65 votes were in favor of said town being incorporated and that 30 votes were opposed to said town being incorporated, and now comes Joseph B. Carroll and remonstrators against the incorporation of said town on the ground that said election was illegal and moves this Board to dismiss the case and the Board on due consideration overrules the motion and orders that said town is duly incorporated by the name of Middlebury by the boundaries specified in the petition by the citizens of said town and defined in the June term 1868 of this Board.
(1985 Code, App. I)