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and change any part of the location thereof, or discontinue such part thereof as in their opinion convenience or necessity may require to be changed or discontinued, subject to the approval of the commissioners on said road, and the other requirements of said charter. Provided further, that in case the persons required by this section to be notified, shall have no place of residence known to the occupant of the land over which said road passes, or to any of the directors or commissioners of said company, then a notice published for six weeks successively in two newspapers in the county where said land is situate, and if there are not two newspapers printed in such county, then in one newspaper, (if any in said county,) and in one newspaper in the city of Hartford, and if there is no newspaper in such county, then in one newspaper printed in Hartford and one printed in Middletown, stating what proceedings are intended by said company to be instituted, shall be sufficient notice to such non-resident laudholder. And when the place of residence of any such landholder is known to the occupant of the land or any director or commissioner as aforesaid, and is out of this state, then a duplicate original notice, or a true and attested copy of the original notice, deposited in a post office, post-paid, directed to such person, eight weeks before the hearing is to be had, shall be sufficient notice according to said charter ; or any judge may give an order of notice, as in case of a bill in equity, in any of the cases aforesaid.
Sec. 8. That when the lands or other property or estate of any femecovert, infant or person non compos mentis, shall be necessary for the construction of said railroad, said lands may be taken, notice being given to the husband of such feme-covert and the guardian of such infant or person non compos mentis, and they may respectively release all such damages for any lands or estate taken and appropriated as aforesaid, as they might do if the same were holden in their own right respectively.
Sec. 9. That said company is hereby authorized to construct, erect, build, make and use a single, double or treble railway or road, of suitable width and dimensions, to be determined by the directors of said company, on the line or course by them designated, and shall have power to regulate the time and manner in which goods and passengers shall be transported, taken and carried on the same, and shall have power to erect and maintain toll-houses or other buildings for the accominodation of their concerns, as they may deem suitable for their interests. Provided, that the commissioners on said railroad, within three days after approving the route thereof within said cities of New Haven and Middletown respectively, shall lodge with the clerk of said cities respectively a written description of the route so approved by them within the limits of said respective cities, which shall be and remain the route of said railroad, unless within thirty days after said description is so lodged with said clerk, either of said cities, at a city meeting legally warned for that purpose, shall appeal from the doings of said commissioners to a judge of the superior court, who, upon a hearing of said city and railroad company, shall have power to set aside the aforesaid doings of said commissioners, in case said city is aggrieved thereby. And in case such judge upon such hearing shall not set aside said doings of said commissioners, the route so approved by them shall be and remain the route of said railroad. Provided, that the use and occupation of said road within the limits of the cities of New Haven and Middletown, shall be under the direction of the court of common council
of said cities respectively. And in case said judge shall set aside said doings of said commissioners, the route of said railroad within said city shall be designated and approved anew, in the manner prescribed in said charter, with the same right of appeal.
Sec. 10. That whenever it shall be necessary for the construction of their railroad or way, to intersect or cross any stream of water or watercourse, or any road or highway, it shall be lawful for said company to construct said railroad across or upon the same; but the said company shall restore the said stream or water-course, or road or highway thus intersected, to its former state, or in sufficient manner not to impair its usefulness. And in all cases when any road or pnblic highway is so located that said railroad cannot be jndiciously laid out and constructed across or upon the same without interfering therewith, in such case or cases said corporation may, by their engineer, cause such road or way to be changed or altered in such manner that said railroad may be made on the best site of ground for that purpose ; provided said corporation shall put such road in as good repair as at the time of changing or altering the same. And said corporation may apply to any judge of the superior court, who may by law judge between the parties, who, after notice given, may appoint three disinterested persous to determine whether said corporation have complied with the provisions aforesaid; and if approved by them, their decision shall be final.
Sec. 11. That it shall be lawful for the company hereby incorporated, from time to time to fix, regulate and receive the tolls and charges by them to be received for transportation of persons or property on their railroad or way aforesaid, hereby authorized to be constructed, erected, built or used, or upon any part thereof; provided, that a uniform
a rate per mile shall be charged for the transportion of such passengers or freight as shall be received from or delivered to the several railroads in this state with which said railroad may be connected.
Sec. 12. That if any person shall willfully do or cause to be done any act or acts whatever, whereby any building, construction or works of said company, or any engine, machine or structure, or any matter or thing appertaining to the same shall be stopped, obstructed, impaired, weakened, injured or destroyed, the person or persons so offending shall be deemed guilty of a misdemeanor, and shall forfeit and pay to said corporation double the amount of damages sustained by means of such offense or injury, to be recovered in the name of said corporation, with costs of suit, by action of debt.
Sec. 13. That as soon as the amount of said capital stock of two millions shall be subscribed, notice shall be given for a meeting of stockholders for the purpose of electing directors.
Sec. 14. That the directors of said company may require the payment of the sum or sums subscribed to the capital stock of said company at such times and in such proportions and upon such conditions as they may deem fit; and in case any stockholder shall refuse or neglect to make payment pursuant to the requisition of the board of directors, the stock of such stockholder, or so much thereof as shall be necessary, may be sold by the directors of said corporation at public auction, after the lapse of thirty days from the time when the payment became due; and the surplus money, the avails of such sale, after deducting the payment due and interest thereon and the necessary expenses of the sale, shall be paid over to such negligent stockholders.
Sec. 15. That if said company shall not expend the sum of five hundred thousand dollars upon said railroad or way, within three years from the rising of this assembly, or if they shall not construct and complete and put in operation a railroad or way, with one or more tracks, as herein before anthorized, within six years after the passage of this act, then the rights, privileges and powers of said corporation shall be null and void.
SEC. 16. That the capital stock of said company shall be assessed at its just value in money, and taxed at the same rate as personal estate.
Sec. 17. And for the purpose of crossing the Connecticut river with said railroad, said company are hereby authorized and empowered to make and construct a viaduct across said river, at or near the city of Middletown; which viaduct or crossing shall have at some convenient place in the channel of said river, a good and convenient draw therein, to admit the free and easy passage of such vessels as may have occasion to pass up and down said river, (said viaduct and draw to be made and completed to the acceptance of the committee herein after named; which draw shall not be less than eighty-five feet in width,) and said viaduct and draw shall be located and constructed in such manner, at such place and on such plan as said committee shall direct; which committee shall consist of three disinterested persons to be appointed by the superior court, after such public notice in the cities of New Haven, Middletown and Hartford, as said court shall deem just and reasonable. And said committee, before proceeding to the business of their appointment, shall give six weeks' notice thereof, and of the time and place of their said meeting, by newspaper publication in the cities of Hartford, Middletown and New Haven. “ And it shall be the duty of said company at all times to keep open said draw for the passage, toll free, of all vessels that shall have occasion to pass the same; and said draw shall not be closed, except when the same shall be necessarily closed for the purpose of passing the regular trains of cars over and upon said railroad; (provided, that said draw may be closed at any time for the passage of an extra train, when it shall not hinder or incommode any vessel navigating said river;) and said viaduct shall not be used for the purposes of common travel or for any other than railroad purposes. And if such draw shall be closed otherwise than as aforesaid, and any vessel shall be thereby hindered or obstructed, said company shall forfeit and pay to the owner or owners of such vessel, one thousand dollars, to be recovered by action of debt or any other proper action therefor. And no vessel, or the owners thereof, shall be liable to said company for any injury to said viaduct in passing said draw, unless said injury be willfully or wantonly done; and the general assembly shall at all times have power to direct any alteration in said draw as they shall see fit.
Sec. 18. Other railroads may intersect and enter the road hereby authorized to be constructed, upon such terms as the general assembly shall prescribe.
SEC. 19. Resolved, further, That this act may be altered, amended or repealed at the pleasure of the general assembly.
AMENDING THE CHARTER OF THE NEW YORK AND BOSTON RAILROAD
Resolved by this Assembly, That the New York and Boston Railroad Company be and they are hereby authorized to organize and commence operations, when the sum of five hundred thousand dollars shall have been subscribed to their capital stock; anything in the original charter of said company requiring the subscription of a different or greater amount notwithstanding. Provided, that said company shall not proceed to erect the bridge over Connecticut river at Middletown, under the seventeenth section of their charter, until the sum of two millions of dollars is subscribed to the capital stock of said company.
REPEALING THE SEVENTEENTH SECTION OF THE CHARTER OF THE NEW
YORK AND BOSTON RAILROAD COMPANY.
WHEREAS, a petition in favor of the city of Hartford, against the New
York and Boston Railroad Company, is now pending before this assembly, praying, among other things, for a repeal of the power given in said charter to bridge Connecticut river, and a substitution therefor of some other mode of crossing said river, either by means of a ferry or a high suspension bridge, at some suitable point, -as by said petition, dated the 22d day of July, 1848, may fully appear, of which said petition due notice has been given; thereupon, Resolved by this Assembly, Sec. 1. That the 17th section of the charter of the said New York and Boston Railroad Company, granted by the general assembly at their session in May, 1846, be and the same is hereby repealed.
And further resolved by this Assembly, Sec. 2. That said company be and they are hereby authorized, for the purposes of their said railroad, to make and construct a bridge or viaduct across said Connecticut river, at the narrows below the city of Middletown, of a span at least six hundred and twenty-five feet in length, and of a height above the surface of the water in said river, at said place, at low water, of at least one hundred and forty feet; or said company may, for the purposes of their said road, at any convenient place between the towns of Portland and Middletown, erect, keep and maintain a ferry across said river, with a boat or boats propelled by the force of animals, steam or other power, at the election of said company.
AMENDING CHARTER OF NEW YORK AND BOSTON RAILROAD COMPANY.
Resolved by the Senate and House of Representatives, in General Assem
Uly convened, That the charter of the New York and Boston Railroad Company, granted in 1846, be amended, and its provisions, excepting the 17th section thereof, be extended, as follows:
Sec. l. If the said railroad company shall not expend the sum of three hundred thousand dollars upon their railroad, within three years from the rising of this assembly, or if they shall not construct and complete and put in operation a railroad or way, with one or more tracks, from some suitable point in the city of New Ilaven to the city of Middletown, and thence easterly to the town of Windham, and from some suitable point in said town of Windham, thence to the eastern line of the state, in the most direct, feasible and practicable route towards the city of Boston, as required by their charter, and as modified or altered by this amendment, within six years from the rising of this assembly, then the rights, privileges and powers of said corporation shall be null and void. And the 15th section of the original charter of said company is hereby repealed.
Sec. 2. The railroad company shall retain their franchise upon and over such portion of their railroad as they may construct; and it shall be lawful for said company and any other railroad company or companies to contract together for the building, working and management of the said New York and Boston railroad, and the transportation of persons and property thereon ; and any other railroad company or companies may enter into such contract or contracts without, in any other respect, impairing, varying or prejudicing the charters of said companies, or of either of them. And said New York and Boston Railroad Company is authorized to connect and make joint stock or common interest with any other railroad company or companies, in respect to the whole or any portion or portions of the road or roads of the said company or companies, and in respect to depots and other structures and accommodations necessary or expedient for the uses and convenience of the said company or companies, or either of them. And said company is authorized therefor to take such land or real estate as may be necessary, in addition to the way originally prescribed by the charter of said company, not exceeding two hundred and fifty feet in width, and for a distance or distances in all not exceeding two thousand feet in length; and to construct such extension, and branch or branches, within the limits of the city of Middletown, as may be expedident or necessary for the transportation of freight and passengers to and from Connecticut river, and to facilitate and make the most convenient connection with any other road or roads. Provided, however, that the construction of any such branch or branches shall not be commenced until the line thereof shall have received the approbation of the court of common council of said city of Middletown; and provided also, that in
such additional land or real estate shall be taken by the company for the purposes herein before stated, the owner or owners thereof shall be compensated therefor in the same manner as is provided by the charter