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and said company shall be holden to pay all dainages that may arise to any person or persons; and if the person or persons to whom damage may so arise and said company cannot agree as to the amount of such damages, it shall be the duty of' said company to apply to the superior court of the county in which the real estate damaged may be situated, and to cause notice to be given to the adverse party of such application, and thereupon said superior court shall appoint three disinterested and judicious freeholders, to assess the amount of such damages, and said freeholders, after being sworn, shall give notice to the parties of the time and place of their meeting on the business of their appointment, at which time and place they shall proceed to hear the parties and to inquire into the extent of the damages, and shall assess just damages to the person or persons whose real estate may be taken or injured, which assessment shall be in writing, under the hands of said freeholders, and the same shall be returned to the clerk of said superior court, who shall record it, and when so returned and recorded, such assessment shall have the effect of a judgment, and execution may issue at the end of sixty days from the time when such assessment shall be so returned, in favor of the persons respectively to whom damages may be assessed, for the amount so to them assessed. Provided, that said railroad shall not be opened across the lands of any person until the damages assessed to such person shall have been paid or secured to be paid to his satisfaction, and that the said damages shall be so paid or deposited with the treasurer of the county within sixty days after the same shall have been finally determined ; provided, that it shall not be necessary in order to the location of said road by the directors and the approval thereof by the commissioners, that the width thereof shall be definitely established by said directors, or commissioners previous to said location; but before the damages shall be assessed to any landholder by the said appraisers, the width of said railroad shall be definitely fixed and established by said directors, over and across the land so taken upon one or both sides of the line of the road so located. And said company may at any time before the completion of said road alter 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 in this state 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 printed in New Haven, stating what proceedings are intended by said company to be instituted, shall be sufficient notice to such non-resident landholder; and when the place of residence of any such landholder is known to the occupant of the land, or any director or commissioner aforesaid, and is out of this state, then a duplicate original notice, or a true and attested copy of the original notice, deposited in the 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
a 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 miglit 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 and other buildings for the accommodation 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 Bridgeport, respectively, shall lodge with the clerks 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 such 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 said 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; 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. Provided further, that after said route of said railroad shall have been finally established as aforesaid, said corporation shall construct that part of said road within the limits of the cities of New Haven and Bridgeport, under the direction of the court of common council of said cities respectively.
Sec. 10. That whenever it shall be necessary for the construction of their single, double or treble railroad or way to intersect or cross any stream of water or water-course, 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 wot to impair its usefulness. And in all cases when any road or public highway is so located that said railroad cannot be judiciously laid ont 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 roads 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 persons to determine whether said corporation have complied with the provisions aforesaid ; and if approved by them, their decision shall be final.
Sec. ii. 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 single, double or treble railroad or way, aforesaid, hereby authorized to be constructed, erected, built or used, or upon any part thereof. Provided, that a uniform rate per mile shall be charged for the transportation 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; and provided also, that it shall be the duty of said company to run their trains each way for passengers, at such times and in such manner as to afford reasonable facilities for receiving passenyers from and delivering them to each of the other railroads in this state with which said road
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 sball forfeit and pay to said corporation double the amount of damages sustained by means of such offense or injury, to be recovered in the naine of said corporation, with costs of suit, by action of debt.
Sec. 13. 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 payments due and interest thereon, and the necessary expenses of the sale, shall be paid over to such negligent stockholder. SEC. 14. That the le
That the legislature may authorize any company to enter with another railroad at any point of said New York and New Haven railroad, paying for the right of using the same, or any part thereof, such a rate of toll as the directors of the said New York and New Haven Railroad Company may from time to time prescribe, and complying with such rules and regulations as may be established by said New York and New Haven Railroad Company.
Sec. 15. That should it become necessary to cross Housatonic river within six miles of Washington bridge, said company are hereby authorized and empowered to make said crossing or viaduct for the sole and exclusive accommodation of the travel on the said railroad; and it shall not be lawful for said company to permit the passing of the said crossing or viaduct by carriages of any description, other than those which are adapted to the traveling on the railroad, nor by horses not attached to such railroad carriages, nor by persons on foot, nor for any other travel whatever, except for such persons, carriages or horses as may be employed in the immediate service of said company.
Sec. 16. That if said company shall not expend the sum of one hundred thousand dollars upon said railroad or way, within two years from the rising of this assembly, or if they shall not construct and complete and put in operation a single, double or treble railroad or way, as herein before authorized, within four years after the passage of this act, then the rights, privileges and powers of said corporation shall be null and void. . The sum of one hundred thousand dollars aforesaid to be expended in equal portions upon the road between New Haven and Bridgeport, and upon the road between Bridgeport and the west line of the state.
SEC. 17. 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. 18. It is hereby provided, that nothing herein contained shall be construed to prejudice or impair any of the rights now vested in the Washington Bridge Company.
Sec. 19. Whenever said road shall cross any streams or creeks navi: gated by vessels, at or above the place of such crossing, the said company shall erect draws of such width or culverts of such height as will suitably and conveniently accommodate such navigation, the places where such draws or culverts shall be erected, and the width or height of said culverts or draws being first determined by the commissioners on said road; and all vessels shall be permitted at all times to pass such draws without payment of toll; and suitable persons shall be provided by said company to open and shut said draws on due notice of the approach of said vessels. Provided nevertheless, that the draw in the bridge of the said road over the Housatonic river shall not be less than forty feet in width. .
Resolved further, Sec. 20. That this act may be altered, amended or repealed at the pleasure of the general assembly.
EXTENDING TIME FOR EXPENDING MONEY ON NEW YORK AND NEW HAVEN
Resolved by this Assembly, That the time within which the New York and New Haven Railroad Company shall expend the sum of one hundred thousand dollars upon their said railroad, be and the same hereby is extended for the period of two years from and after the rising of this assembly.
AMENDING CHARTER OF THE NEW YORK AND NEW HAVEN RAILROAD COM.
WHEREAS, the legislature of the state of New York, in senate and assem
bly convened, heretofore, on the eleventh day of May, one thousand eight hundred and forty-six, passed an act, entitled “ An act to authorize the New York and New Haven Railroad Company to extend their said road from the Connecticut line to the New York and Harlem railroad,” in substance and in the words following, to wit: “An act to authorize the New York and New Haven Railroad Company to extend their railroad from the Connecticut line to the New York and Harlem
railroad.” Passed May 11, 1846, by a two-third vote. The people of the state of New York, represented in senate and assembly,
do enact as follows:
Sec. 1. Permission and authority are hereby given to the New York and New Haven Railroad Company, chartered by the legislature of the state of Connecticut, at the May session thereof, in the year of our Lord one thousand eight hundred and forty-four, for the purpose of constructing a railroad from New Haven, in Connecticut, by the way of Bridgeport, in Connecticut, to the west line of the state of Connecticut, towards the city of New York, to continue and extend their railroad from the dividiog line of the states of New York and Connecticut, by such route as shall be established by said company, through the county of Westchester to the New York and Harlem Railroad Company's line of road in said county, and to unite or connect with said New York and Harlem railroad at or near Williams' bridge, in said connty of Westchester, and to take, transport and convey persons and property upon the same, by the power and force of steam or animals, or any mechanical power or combination of the same. The route to be so established as aforesaid, shall be located in such manner as shall be approved by three commissioners, who shall be appointed by the governor, and who shall have no interest in said company or in the location of the said route; and before approving of such route, the said commissioners shall afford a reasonable opportunity to all persons interested therein to be heard in respect thereto; and such notice as the said commissioners shall direct shall be given to all persons whose lands shall be required for the said route.
Sec. 2. The said New York and New Haven Railroad Company is hereby authorized and empowered to purchase, receive and hold such real estate as may be necessary and convenient in accomplishing the objects and intentions of this act; and may by agents, surveyors and engineers, enter upon such route, place or places as may be designated by the board of directors of said company, for the purpose of making surveys and determining the line, course, road or way whereon to construct the said railroad or ways, paying all damages to the owner or occupant thereof. And it shall be lawful for the said company to enter upon and take possession of all such necessary and convenient real estate as shall be voluntarily granted, with or without purchase, or of which the possession of the company shall be confirmed by virtue of the proceedings herein after prescribed. In case any disagreement shall occur between said company and the owner or owners of any such necessary or convenient real estate as aforesaid, in regard to the price to be paid by the said company for the same, the board of directors may present their petition to the chancellor of this state or to the vice chancellor of the circuit wherein such land may be situated, setting forth the necessity of such lands for making their road or ways as aforesaid, the attempt and failure to purchase the same, with the name and residence of the owner or owners, and the chancellor or vice chancellor shall direct such notice to the owner or owners of such lands as he shall deem proper, with the time and place of hearing the parties,