said assessors, may, within fifteen days after the said list shall have been lodged in the office of the clerk of the borough, make his application to the warden and burgesses, who shall have power to hear and determine all such appeals, and may reduce the list of the appellant if upon hearing they shall be of opinion that he is entitled to said relief.

SEC. 3. Any meeting of the warden and burgesses at which all are present shall be a legal meeting, in whatever manner said meeting may have been warned or called.

SEC. 4. The warden and burgesses of said borough shall have power and authority, as they shall judge needful, to lay out new highways, and to alter, extend or enlarge any highways and streets, or public walks in said borough, and to discontinue, or exchange the same for other highways and streets or public walks, in said borough, and make and cause to be executed all such orders relating thereto as they shall judge proper.

SEC. 5. Whenever said warden and burgesses shall determine to alter, extend or enlarge any highway, street, or public walk in said borough, they shall give reasonable notice to the owner or owners of the land and buildings upon, over or through which the same is to be laid out or altered, to be present if they see cause, at the laying out.or altering the same, and such notice shall be in writing, signed by the warden, or one of the burgesses of said borough, and shall be given to the person entitled to receive it, by reading the same in his presence or hearing, or by leaving a true and attested copy at his usual place of abode by a bailiff of such borough, or by some indifferent freeman thereof. And in case the owner of any such land or buildings shall not reside in the state, such notice shall be given to the occupant or person having the possession, or care of such lands or buildings; and if the place or residence of such owner be known to said warden and burgesses, or any of them, such notice in writing shall be sent to him by mail

at his place of residence. And said warden and burgesses may themselves, or by a committee by them appointed, make such laying out or alteration, and order the damages thereby sustained by any person to be paid out of the treasury of said borough. And unless said warden and burgesses can agree with such person or persons injured by such laying out, or alteration, relative to the damages by him or them sustained thereby, such damages shall be estimated by three judicious, disinterested free holders, of the town of Danbury, or either of the adjoining towns, who shall be appointed and sworn by the warden, or in his absence by the senior burgess of said borough, and a certificate thereof shall be made and recorded in the records of said borough, and it shall be the duty of said freeholders to make a return of their doings to the clerk of the borough who shall record the same. And a survey in writing, under the hands of said warden and burgesses, containing a particular description of such highway, street, public walk or alteration, being made and accepted by the freemen of said borough at a special meeting for that purpose, and recorded in the records of said borough, and satisfaction being made to the person, or persons damnified, or the money deposited in the treasury of the borough for his or their use, ready to be paid to him, or them, when he or they shall apply for the same, according to the agreement or estimate made aforesaid, such highway, street or public walk shall be, and remain for the use for which it was laid out. Provided, that no highway, street, or public walk, so laid out or altered, shall be laid open or occupied until the same shall have been accepted as aforesaid, and the damages assessed shall be paid to the person or persons entitled to receive the same, or deposited in the treasury of the borough for his or their use.

SEC. 6. Whenever any highway, street or public walk shall be laid out or altered as aforesaid, said warden and burgesses shall have power, and it shall be their duty to ascertain what person or persons owning or interested in lands

or buildings in said borough will be specially benefitted by such laying out, or alteration, and to apportion among, and assess to be paid by such person or persons respectively the whole, or such part as they shall deem reasonable, of the damages caused by the laying out or alteration, and said warden and burgesses shall thereupon give notice to such person or persons of the sums assessed, to be by them respectively paid, and shall order the same to be by them respectively paid to such person or persons, as shall by said warden and burgesses be authorized to receive the same for the purpose of paying damages; and they shall appoint a collector to whom the warden shall issue a warrant of distress, authorizing him to collect of such person or persons, the sums ordered to be by them respectively paid as aforesaid. And the collector shall have the same powers as the collectors of state taxes by law have.

SEC. 7. All persons aggrieved by the estimate by assessment of freeholders of damages occasioned by any laying out or alteration aforesaid, and all persons aggrieved by the assessments by them ordered to be respectively paid according to the foregoing provisions of this resolution, may, within six days after notice of such estimate or assessment, apply by petition to any judge of the superior court, or to the judge of the county court for the county of Fairfield, for a re-estimate of such damages, or a re-assessment of the sums ordered to be paid by them as aforesaid, giving reasonable notice in writing to the clerk of said borough of the time and place, when and where, and the judge to whom such application will be made, and the judge shall appoint three judicious disinterested freeholders of the county of Fairfield, to re-estimate such damages, or re-assess the sums ordered to be paid as aforesaid. And said freeholders, shall re-estimate said damages or re-assess the said sums ordered to be paid as aforesaid, under oath, and make report of their doings to the judge who appointed them, and such judge shall have authority, for any cause which he

shall judge sufficient, to set aside said report, to correct the same, to order another estimate, or assessment to be made, or to make such order thereon as to justice shall appertain, and said report as accepted or corrected, shall be recorded in the records of said borough. If upon any such application for a re-estimate of damages, the damages shall be increased by said freeholders, the cost of such application shall be paid by the borough, but if they shall not be increased they shall be paid by the applicant. And if upon any such application, by any person, for a re-assessment of the sum or sums ordered to be paid by him, if such sum shall be diminished by said freeholders, the cost of such application shall be paid by the borough, otherwise by the applicant. And all such costs shall be taxed by the judge to whom such application shall be made, who shall have power to issue execution for the same.

SEC. S. The warden and burgesses shall have power to establish and construct reservoirs of water to be used in extinguishing fires, in such places within said borough, as they shall select. And said warden and burgesses shall have power and it shall be their duty, to ascertain what person or persons will be especially benefitted by any such reservoir, and to apportion and assess to be paid, by such person or persons respectively, the damages and expenses of establishing and constructing such reservoir, as they shall judge reasonable, and said damages and expense shall be assessed, collected, and paid in the same manner as is provided in the sixth section of this resolve, and all persons aggrieved by any such assessments shall have the same right of appeal and to apply to a judge for a re-assessment, as is provided in the seventh section of this resolve, and the applicant shall proceed in the same manner, and the judge to whom the application shall be made shall have the same powers, as are prescribed and provided in said seventh section.

This resolution shall not be binding on the inhabitants of

said borough, until the same shall be approved by a meeting legally warned for that purpose.

This resolution may at any time be altered, amended or repealed by the General Assembly.

BRIDGEWATER AND BROOKFIELD TOLL BRIDGE COMPANY.

Upon the petition of Glover Sandford, Samuel Smith and others, praying for liberty to erect and maintain a tollbridge over the Housatonic river, at or near the place where Warner's bridge formerly was built in said New Milford, near the dwelling of the late William Gillett, and to be incorporated for that purpose:

Resolved by this Assembly, That the said Glover Sanford and Samuel Smith and others, who are petitioners as aforesaid, and such others as may be associated with them, be, and they are hereby incorporated and made a body politic, by the name of the "Bridgewater and Brookfield Toll Bridge Company," and by that name may sue and be sued, plead and be impleaded, and that liberty be, and hereby is granted to them, their assigns and successors, to erect and maintain a permanent bridge at or near the place aforesaid, over the Housatonic River, to the acceptance of the committee hereinafter named, and when said bridge shall be completed, and so accepted by said committee, shall have right to erect and maintain a gate on or near said bridge; and at such gate are hereby authorized to collect and receive from all persons, for passing over said bridge, (except those who are going to or returning from public worship, or going to and returning from funerals, or military duty in the same or next adjacent town, or to or from electors', town or society meetings, or going to or returning from mill,) the following toll :—