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rods, on land of the said Joshua Burnham, to lands of the said tenants in common; thence S. 81 degrees 45 minutes W., 18 rods, 22 links; thence N. 69 degrees W., 24 rods; thence N. 69 degrees 40 minutes W., 21 rods, 4 links; thence extending four rods in width, N. 70 degrees 20 minutes W., 30 rods, 5 links; thence S. 89 degrees 45 minutes W., 6 rods, 14 links; thence S. 58 degrees 25 minutes W., 5 rods, 18 links; thence S. 50 degrees 30 minutes W., 7 rods, 15 links, on land of said tenants in common, to land of William P. Green; thence S. 67 degrees 45 minutes W., 8 rods, 6 links; thence S. 82 degrees 45 minutes W., 7 rods, 2 links; thence N. 80 degrees 20 minutes w., 7 rods, 10 links; thence N. 75 degrees 1 minute W., 7 rods, 10 links ; thence extending three rods in width, N. 54 degrees 15 minutes W., 24 rods, 5 links ; thence N. 39 degrees 30 minues W., 19 rods, 22 links; thence N. 51 degrees 25 minutes W., 18 rods, 2 links; thence N. 75 degrees W., 44 rods, 20 links; thence N. 89 degrees 15 minutes W., 15 rods, 10 links; thence N. 68 degrees 45 minutes W., 18 rods, 10 links; thence N. 61 degrees 45 minutes W., 4 rode, 8 links; thence N. 51 degrees 30 minutes W., 5 rods, 13 links, to intersection with turnpike road near to a saw mill of said Green, embracing a point of land between the turnpike road and the two last courses : further showing, that within the last year the town of Lisbon have discovered that said alteration had never been returned to the office of the secretary of state, and now unjustly claim that the petitioners shall also keep in repair, as part of their road, that which runs over Bundy Hill, as well as the alterations made as aforesaid, as per petition on file, bearing date the 19th day of April, 1849, praying this assembly to allow and permit the petitioners to cause said survey to be recorded in the office of the secretary of this state, and to establish the said alteration as a part of said turnpike road, in the same manner as if the said survey had been returned and recorded as the said act of 1833 provides; which said petition was duly served on the said town of Lisbon, and returned to this assembly and entered in the docket thereof. The parties to the same having been called, the petitioners appear by their agent, B. P. Spalding, Esq., but the respond ents having been three times publicly called, made default of appearance. This assembly having inquired into the facts set forth in said petition, do find the same true; and thereupon, it is
Resolved, That the said New London and Windham County Turnpike Society have liberty, and liberty is hereby granted them, to cause to be recorded in the office of the secretary of this state the foregoing survey of the alteration of their said turnpike road, and when so recorded at large, the same shall be and remain a part of said company's road, and the same is hereby ratified and confirmed, in the same manner as if no mistake or accident had intervened. And that part of said original survey which passed over Bundy Hill from the easterly foot thereof to the junction near the saw mill owned by Harvy and Kimball, be and the same is hereby discontinued as a turnpike; and the said corporation are hereby released from all obligations to maintain the same, and the same may remain as a common highway, in the same manner as if it had not been a part of said original turnpike road.
And whereas, it is further alleged in said petition that at a period of about
ten years since, the toll gate in the town of Lisbon, upon said turnpike road, was, by proper board, located a few rods, say about twenty rods, northerly of the house of Kenedy; and that for the convenience of the keeper of said gate, the same was removed to the dwelling house of said Kenedy, about twenty rods southerly from the place designated by the said board, without detriment to the public, there being no intersecting road between said two points,-praying further that said gate be established where it now stands, and the reception of toll heretofore at that place be confirmed. Said petition having been served as aforesaid, and the petitioners appearing, and the respondents being defaulted as aforesaid; and this assembly having inquired into the facts aforesaid, find the same true; whereupon, it is also
Resolved, That the New London and Windham County Turnpike Society have permission to keep and maintain their toll gate within the town of Lisbon, at the dwelling house of the said Kenedy, in the same manner as if established and removed there by the judge of the county court and the commissioners on said turnpike road.
And it is further resolved, That the reception of toll at said gate, where the same now stands, since its removal to that place, be and the same is hereby confirmed.
EXONERATING THE NEW MILFORD AND SHERMAN TURNPIKE COMPANY FROM THE SUPPORT OF SAID ROAD, EXCEPT AT BOARDMAN'S BRIDGE IN NEW MILFORD.
Upon the petition of the New Milford and Sherman Turnpike Company, by their directors, Isaac Hine and Ephraim Hatch, showing to this assembly that a resolve of the general assembly holden at Hartford, on the second Thursday of May, 1818, said company was, upon the petition of Elijah Boardman and others, incorporated by the name aforesaid, for the purpose of making and keeping in repair a turnpike road from or near the meeting house in New Milford, to or near the dwelling house of Gideon Wanzer, in Sherman, to the line of the state of New York, to strike the Philipstown turnpike, with all the rights, powers and privileges usually granted to and vested in incorporations for similar purposes erected and established in this state; by which resolve or act of incorporation it was made the duty of said company to erect and keep in repair all the bridges upon said road, including a very expensive one across the Ousatonuck river, of about two hundred feet in length, at a place commonly called Boardman's bridge, in the town of New Milford; that liberty was granted by said act to said company to erect two gates upon said road, at which they were allowed, and are to take toll according to the provisions of said resolve, which was afterwards altered and amended, in regard to the rate of toll, by a resolve of the general assembly, holden at Hartford, on the first Wednesday of May, 1820, one of which gates was by said original act of incorporation ordered to be placed and kept on or near said bridge across said Ousatonuck river, and the other in the town of Sherman, at or near the old dwelling house of Isaac Sherwood; which said right of taking toll was, by said resolve, secured to said company until it should be reimbursed for all the cost and expense of building said road and bridges, and keeping the same in repair, with interest thereon at the rate of eight per cent. per annum; as by the public records of this state fully and at large appear; that in pursuance of the powers in said resolve expressed, said company was duly organized and said road and bridge built and put ir repair, to the acceptance of the commissioners appointed according to the provisions of said resolve or act of incorporation, and have ever since, until recently, to wit, some time in the month of March last past, kept the same in repair, (except as to a portion of said road in said petition after mentioned,) to the acceptance of the commissioners from time to time appointed thereon, when by means of a great and unusual ice flood in said river, said bridge was swept away and destroyed; that one great object at first had in view by the proprietors of said road was, by connecting the same with said Philipstown turnpike, which extended from the aforesaid termination of their road, at the line of the state of New York to Cold Spring landing, upon the Hudson river, opposite to West Point, and thereby to render the communication and travel from the western parts of this state easy and convenient to the Hudson at the places aforesaid; which they supposed would greatly promote the public good, as well as contribute to their individual interest; that in this hope, however, they were much disappointed; the Philipstown turnpike being abandoned and given up within a very short time after the petitioners' road was completed; that although they had now kept up said road at a heavy expense for about seventeen years, the amount of tolls received have not been sufficient to defray the expenses incurred by said company in keeping the road and bridges thereon in repair; and that the sum total of the very few and trifling dividends which the stockholders have received, have not in all amounted to so much by a considerable sum as they have paid in taxes, by the company, levied upon the stock since the road was completed, for necessary repairs, so that the entire capital expended upon the building of said road, being about five thousand dollars, with all the interest thereon, has been and now is a total loss to the stockholders, and their shares in the stock wholly worthless; and that the aforesaid bridge across the Ousatonuck river cannot be repaired at a less expense than fifteen or eighteen hundred dollars; that in consequence of the losing concern in which said company was involved, and of the great use which was made of that part of their road on the east side of the Ousatonuck by travel not passing either of their gates, the town of New Milford, at their request, voluntarily released said company from the duty of keeping in repair that part of the road, being more than two miles in length, and assumed the burden of keeping it in repair as ordinary highway; that said company are now willing to, and desirous of giving up the remainder of their road to the respective towns in which it lies, excepting only
the toll houses by them erected thereon, and the bridge place across said river in said road, at which they are willing to erect a new bridge and maintain the same, at the expense of said company, as a toll bridge, if permitted so to do, unincumbered by the residue of said road; and praying the honorable assembly for the causes in said petition assigned, and in consideration of the great losses and misfortunes which they have sustained; and of the great benefit to be derived to the public from having a bridge kept up and maintained at that place, which they deem quite indispensable; to pass a resolve in their favor, thereby releasing and exonerating said company from the obligation of keeping any part of said road in repair in future, except said bridge and the immediate approaches thereto, and authorizing them to build and keep in repair at said place a bridge, with power, when completed to the acceptance of the commissioners upon said road, or any other board of commissioners the general assembly may deem it proper to appoint, to take toll thereat as heretofore, it being the usual rate of toll allowed to be taken by other companies who have been incorporated for the purpose of building bridges over said river within said town of New Milford, or in some other way grant relief to the petitioners as the honorable assembly, in their wisdom, shall deem proper; as per petition on file, dated the 7th day of April, 1837, fully and at large appears :
Resolved by this Assembly, That the New Milford and Sherman Turnpike Company be, and said company hereby is, from and after the rising of this assembly, released and forever exonerated from the duties of keeping in repair any part of the road heretofore by said company built and kept in repair, called the New Milford and Sherman turnpike road, except the bridge place across Ousatonuck river in New Milford, at the place commonly called Boardman's bridge, and the immediate approaches thereto.
And be it further resolved, That said company be and the same hereby is authorized and empowered to receive and take toll thereat as heretofore, whenever they shall rebuild and complete at said place a bridge to the acceptance of the commissioners upon said road, and to continue to take toll thereat, so long as they shall keep the same in repair, pursuant to the provisions of a resolve of the general assembly incorporating said company, passed at a session of said assembly, holden at Hartford the second Thursday of May, 1819, as the same was altered and amended by a resolve of said assembly, passed at a session thereof, holden at New Haven on the first Wednesday of May, 1820. Provided said company shall build and complete said bridge as aforesaid, by or before the first day of January, 1839.
AUTHORIZING AN ALTERATION IN THE NEW MILFORD AND LITCHFIELD
Upon the petition of the New Milford and Litchfield Turnpike Company, by their directors, Orange Merwin, William J. Starr, and Miles Camp, showing to this assembly that at a session of said assembly holden at New Haven, on the second Thursday of October, 1797, said company was by the aforesaid name duly incorporated by resolve of said assembly, for the purpose of constructing a turnpike road from, at or near the place where the Friends' meeting-house, so called, then stood in the town of New Milford, to the dwelling honge of Aaron Bradley, in Litchfield, a distance of about ten miles, and keeping the same in repair, with the privilege of erecting and keeping two gates thereon, under the supervision of the county court for Litchfield county, for the purpose and with the right of taking toll thereat, during the time that said company should keep said road in repair, until they should be reimbursed all the expenses by them incurred in constructing and keeping in repair said road, with all charges incident to the management of said concern, with twelve per cent. interest thereon, together with other privileges and immunities usnally granted to such and similar corporations in this state, as by the aforesaid and other acts of the general assembly subsequently, in behalf of said company passed, of record appears :—That, in pursuance of said grant in such resolve contained, and of other acts of said assembly supplementary thereto, said company did in fact construct a road to the acceptance of said county court, and under their direction did erect on said road two turnpike gates, one of them being located in said town of Litchfield, eastwardly of the top of Mount Tom, so called, and the other in the town of Washington, for the purpose aforesaid ; and that said company have ever since continued to keep said road in repair, and to take toll at said gates, pursuant to the right vested in them as aforesaid, without having ever at any time been reimbursed for the construction of said road, with the interest thereon, as specified in the aforesaid act of the general assembly creating said company; that at the April term, 1841, of the county court for Litchfield county, on the petition of sundry individuals, a committee was appointed by said court with power to lay out a new highway within the towns of Litchfield and Washington aforesaid, commencing at or near the eastern termination of said turnpike road, to wit: at or near the said dwelling house of Aaron Bradley in said Litchfield, and from thence along the easterly and southeasterly side of Mount Tom, aforesaid, to the bridge across the Shipog river, near the foot of said mountain, being a bridge across said river, in said turnpike road, where the same crosses on entering into said town of Litchfield, which said bridge has heretofore been, and now is, supported at the joint expense of said towns of Litchfield and Washington, and the town of Warren, the same being in part situated in each of said towns: that said committee, in pursuance of said appointment, have since laid