DERBY TURNPIKE COMPANY.

PASSED 1847.

Upon the petition of the Derby Turnpike Company, showing that the increasing settlements on that part of the Derby turnpike road between York and Kensington streets, in the city of New Haven, require improvements which may interfere with the rights of said company, and that the town of New Haven have therefore by their vote, on the tenth of April, 1847, recommended that so much of said road as is within those limits be discontinued as part of said turnpike road, and that said company have assented thereto, and praying that said agreement may be ratified; thereupon,

Resolved by this Assembly, That so much of the Derby turnpike road as lies between York and Kensington streets, in the city of New Haven, be discontinued as part of said turnpike road, and said company are no longer bound to support the same.

ANNULLING THE CHARTER OF THE DURHAM AND EAST GUILFORD TURNPIKE COMPANY.

PASSED 1845.

Upon the petition of the Durham and East Guilford Turnpike Company, praying, for the reasons therein set forth, that they may be relieved from further maintaining and keeping in repair their road, and for liberty to surrender their charter, and for liberty to sell their northern toll-house and a small piece of land, not exceeding one eighth of an acre, adjacent, as by their said petition on file appears; and now, this assembly having inquired into the allegations of said petition do find the same to be true, and that said petition has been duly served upon the respondents thereto: therefore,

Resolved by this Assembly, That the surrender of said charter be accepted, and that said company be allowed the space of six months from the rising of said assembly in which to sell and dispose of said toll-house and land connected therewith, and that said company be discharged from all further liability for supporting and maintaining said turnpike, and that the same shall hereafter be supported and maintained by the towns within whose limits the same is situated, as a highway, according to the general provisions of law relating to highways.

AUTHORIZING THE EAST HADDAM AND COLCHESTER TURNPIKE COMPANY TO ERECT HALF TOLL-GATE AND CHANGING A TOLL-GATE INTO A HALF TOLL-GATE.

PASSED 1852.

Resolved, That the East Haddam and Colchester Turnpike Company be and they are hereby authorized to erect and maintain a half toll-gate on their road in the town of East Haddam, at a point between the dwelling houses of Curtis S. Arnold and Cyrus Emmons, and that the whole toll-gate on said road, near the dwelling house of William Palmer, Jr., be and the same is hereby changed and established as a half toll-gate; and that said company be authorized to collect at each of said gates one half of the full rate of toll prescribed in their charter.

ALTERATION OF LOCATION OF GATE ON EAST MIDDLE ROAD TURNPIKE.

PASSED 1840.

Upon the petition of the East Middle Road Turnpike Company, praying for liberty to alter the location of their toll-gate in the town of Plymouth, as by petition on file, dated 23d April, 1840 :

Resolved by this Assembly, That it shall, and may be lawful for the petitioners to locate and establish the said toll-gate in the premises, at any place on their said road, between the dwelling houses of Robert Johnson and Horace H. Mather, in said Plymouth, and that said gate may be erected and kept up at any place within the limits aforesaid, to and for the use and purposes mentioned in the charter of said company, and under all the restrictions to said company, and with all the exemptions, rights and privileges, to persons traveling on said road, which are specified in said charter; and provided that all persons residing within one mile and a half, easterly, northerly or southerly of the place where said toll gate shall be located and erected, shall be exempted from paying toll at the same, when going to or returning from the center village in said Plymouth.

AUTHORIZING EAST MIDDLE ROAD TURNPIKE COMPANY TO ALTER LOCATION OF TOLL-GATE.

PASSED 1844.

Upon the petition of the East Middle Road Turnpike Company, praying for liberty to discontinue all that part of the said road as lies within the limits of the towns of Woodbury and Watertown, or that they have liberty to alter the location of the west toll-gate on said road, as per petition on file, dated April 16, 1844, appears:

Resolved by this Assembly, That the East Middle Road Turnpike Company have liberty to remove the gate on the west end of said road, to any point within three-fourths of a mile of the Congregational meeting house, in the town of Watertown, as prescribed by their original act of incorpo

ration.

IMPOSING CERTAIN DUTIES ON THE ESSEX TURNPIKE COMPANY RELATIVE TO DRAW IN BRIDGE OVER NORTH COVE.

PASSED 1853.

Upon the petition of Richard P. Williams and others, against the Essex Turnpike Company, showing to this assembly, amongst other things, that the draw in the bridge in the course of said road, and belonging thereto, over the mouth of the North Cove, so called, in the borough of Essex, in the town of Old Saybrook, is not of sufficient width to admit vessels to pass and repass into and out of said cove, without difficulty, and praying that said company may be compelled to make the same wider, or in some other way to grant relief, as per petition on file, dated the day of April, 1853; the said petition was duly served on the said Essex turnpike company, and returned to this assembly, when and where the parties appeared, and were fully heard in the premises; and this assembly do find that said allegations in said petition are true; therefore,

Resolved by this Assembly, That whenever the owner or owners, or person in charge of any vessel, shall desire to take the same through the draw in said bridge, and said draw shall not be of sufficient width to admit such vessel to pass without difficulty into and out of said cove, said company, upon notice to them, or their agent, shall immediately raise and make said draw of sufficient width to take through such vessel without damage thereto.

The said company shall at all times keep a good, safe and convenient draw in said bridge, which can be opened and closed with facility and

ease, for the safe and convenient passage of scows, boats and vessels, into and out of said cove. And shall, at all times, keep a known agent to tend said draw, who shall reside within half a mile of said bridge. And notice to him to open said draw, or to take any vessel through the same, shall be notice to said company.

The said company shall be at liberty to lower said bridge and draw; provided the same shall not be made less than five feet above ordinary high water mark.

In case said company shall at any time refuse or neglect to comply with any of the requirements or provisions herein contained, they shall pay just damages to the party or parties injured, to be recovered before any court having cognizance thereof. And a suit for such damage may be sustained by the owner or person in charge of any such scow, boat or other vessel at the time, or by any one part owner, if there be more than one, in his own name, for the benefit of himself and the other owners.

This resolution may at any time be altered, amended or repealed by the general assembly.

AUTHORIZING THE COMMISSIONERS ON THE FAIRFIELD COUNTY TURNPIKE ROAD TO MAKE ALTERATIONS IN SAID ROAD.

PASSED 1837.

On the petition of the Fairfield County Turnpike Company, a corporation and body politic, with the usual powers, respectfully showeth, that the said assembly, at its session in May, 1834, on the petition of sundry persons, appointed a committee to survey, and if they deemed that public convenience required it, to lay out a turnpike road from Meeker's mills, so called, in Brookfield, in said county, to and into Weston, in said county; and incorporated said company to make and keep the same in repair; and said committee in pursuance of the powers vested in them, did view, survey and lay out said road, and make their report to the county court for Fairfield county, in pursuance of the directions of said assembly, and said company, after said road was laid out by said committee and their report inade and recorded, accepted of the charter conferred upon it, and assumed the making of said road in pursuance of its act of incorporation, and have nearly completed the same, and your petitioner would state that said committee in proceeding to and laying out said road, have in one instance mistaken the place where it ought to have been laid, and laid the road where it ought not to have been laid, that the public interest and accommodation require that an alteration in the lay of said committee should be made, commencing at or near the dwelling house of Israel A. Bradley, in Newtown, in said county, and extending southerly through said town of Newtown, that the contemplated alteration is less in distance than one mile; and the making of the road in the place contemplated would be attended with much less

expense to the petitioner, with much less injury to the proprietors of lands over which the same would pass, and much better accommodate the public than the place where it is now laid; your petitioner therefore prays your honors to inquire into the allegations aforesaid, and on finding the same to be true, to authorize and empower the commissioners appointed by your honors on said road, to go out and view, and if they deem it for the interest of the public, to make said alteration and lay out the same; assess damages, and return their doings to the clerk of the county court, in and for the county of Fairfield, to be recorded and become part and parcel of said turnpike road, to all intents and ses, as per petition on file; therefore,

purpo

Resolved, That said commissioners be and they hereby are authorized and empowered to view and examine the alteration proposed as aforesaid, and if they deem it advisable, to lay out the same as aforesaid, and assess the damages done thereby to the proprietors of the lands over which said turnpike road so laid shall pass, and said commissioners shall make return of their doings to the session of the county court next thereafter held in said county, and said turnpike thus laid out and established, shall be and remain a part of said turnpike road aforesaid, any law to the contrary notwithstanding.

REPEALING CHARTER OF THE FAIRFIELD COUNTY TURNPIKE COMPANY.

PASSED 1848.

Upon the petition of William Beard and others, praying for a repeal of the act incorporating the Fairfield County Turnpike Company, for the reasons set forth in said petition, as on file, dated the 22d day of April, 1848; which said petition this assembly finds has been duly served upon said Fairfield County Turnpike Company, and all other parties interested in said petition, and that the facts stated in said petition are found to be true; whereupon, it is

Resolved by this Assembly, That the said act, incorporating the said Fairfield County Turnpike Company, be and the same is hereby repealed. And be it further resolved, That the several parts and portions of said Fairfield County Turnpike road, lying within the limits of the towns of Easton, Redding, Newtown, Danbury and Brookfield, in the county of Fairfield, shall be hereafter maintained and kept in repair, by the said towns, respectively, within whose limits the same is located, except that section of said road between the dwelling houses of Simeon Underhill and Wheeler Shepard, in said Newtown, a distance of about three-fourths of a mile, which is hereby wholly discontinued.

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