voirs, and for all buildings, structures, machinery and fixtures necessary to the most perfect and complete supply of said city and town of Hartford with pure water for all public and private uses, and for preserving said lands and waters for the uses of said company, pure and free from all contamination, nuisances, ditches, drains and sewers, and from the access of persons, animals, boats, rafts, scows or other vessels, and from the erection of any buildings or structures other than those used or employed by said company for the purposes of this act: and they may make, establish and enforce all necessary and proper regulations and by-laws for the preservation of the same. Provided, that such regulations and by-laws shall not be contrary to the laws of this state, or of the United States.

SEC. 9. And the said company may make and build one or more permanent aqueducts from the said river, into and through the town and city of Hartford, and may secure and maintain the same by any works suitable therefor,-may connect such aqueducts with each other,-may make and maintain reservoirs within and without said city,-may make and establish such public hydrants, and in such places as may from time to time be deemed proper, and prescribe the purposes for, and the manner in which they may be used, and may change and discontinue the same,-may distribute the water throughout the town and city, and for this purpose may lay down pipes to any house or building, the owner or owners thereof consenting thereto,-may regulate the use of the said water within and without the said city, and establish the prices or rents to be paid therefor. And the said company may, for the purposes aforesaid, carry and conduct any aqueduct, or other works by them to be made and constructed, over or under any water-course, street, turnpike road, railroad, highway, or other way, or public grounds, and may dig up the same for the purpose of making, repairing, laying down or maintaining any aqueduct or pipes beneath the surface thereof, and may do any other acts necessary and proper for the purposes of this act; provided they put such water course, street, turnpike road, railroad, highway or other way in as good and perfect condition as before the laying or constructing of the said aqueducts or other works to be approved as to such roads by the commissioners thereon, and as to the public grounds, streets or other ways, within the limits of said city, by the mayor, aldermen and common council, and in all other cases by the selectmen of said town of Hartford.

SEC. 10. When the lands or other property or estate of any feme-covert, infant or person non compos mentis, shall be necessary for the purposes of this act, the husband of such feme-covert, and the guardian of such infant or person non compos mentis, may, in such cases, be notified, and may release all damages for any lands or estate necessary, or taken as aforesaid, in the same manner as they might if the said land or estate were holden in their own right respectively.

SEC. 11. The said company shall be liable to pay all damages that shall be sustained by any person or persons in their property or estate, by the taking of any land or real estate as aforesaid, and the constructing or laying of any pipes, aqueducts, reservoirs or other works for the purposes of this act. And if at any time before or after the commencement of the works of said company it shall appear that any damage has accrued or may accrue to any person or persons, corporation or corporations, by reason of the taking of their land or estate for the purposes of this act,

and such person or persons have not agreed with said company in writing for such damage, land or estate, the said company may apply to the superior court for Hartford county, or to any judge of the superior court, who may by law judge between the parties, causing ordinary legal notice, or such notice as any judge of said court may prescribe, to be given to the adverse party of such application, and thereupon said superior court, or such judge, shall appoint three disinterested and judicious persons, (any vacancies which may occur to be filled by said court or judge,) who shall, after reasonable notice to the parties, (which may be given in the manner aforementioned,) assess just damages, if any, to the respective owners or parties interested in the premises so required and taken, for the purposes of this act; which assessment shall be in writing, under the hands of said persons, and shall be final, and shall be returned (with the application) to the clerk of said superior court, who shall record it; and said company shall pay to such owner or parties the damages so assessed, and when so paid may proceed to the construction of their said works, or in case the owner or parties aforesaid cannot be then ascertained, shall pay the same within thirty days to the treasurer of the county of Hartford, to be by him paid to such person or persons as said county court shall direct.

SEC. 12. The occupant of any house, tenement or building who shall take the water of said company, shall be liable for the price or rent of the same; and the agents of the company, entrusted with the superintendence of the works, may, at reasonable times, enter all premises so supplied, to examine the pipes and fixtures, and prevent any unnecessary waste. And if any person or persons shall, without the consent of said company, use any of the said water, either within or without the city, an action of trespass on the case may be maintained against such person or persons by the said company, for the recovery of damages therefor.

SEC. 13. If any person or persons shall willfully, wantonly or maliciously divert the water, or any part thereof, of any of the aqueducts, reservoirs, streams, waters or water-sources, which shall be taken, used or constructed by said company, or shall corrupt the same, or render it impure, or commit any nuisance therein, or shall bathe within the limits that may be taken or prescribed by said company, pursuant to the provisions of this act, or shall destroy or injure any aqueduct, pipe, reservoir, conduit, hydrant, machinery, building, structure or other property held, owned or used by the said company, by the authority or for the purposes of this act, every such person or persons shall forfeit and pay to the said company three times the amount of the damages that shall be assessed therefor, to be recovered by any proper action.

SEC. 14. The said company shall cause to be kept at their office proper books of accounts, in which shall be fairly and truly entered all the transactions of the company, which books shall at all times be open for the inspection of the stockholders of said company, and of commissioners that may be appointed by the general assembly.

SEC. 15. It shall be the duty of the directors of said company to cause to be made, (annually, in the month of April,) a true statement of its income, expenses, profits and losses, for the previous year, and a like statement annually shall be made to the general assembly by said directors, under the oath of one or more of them; and to declare such divi

dends among the stockholders, from time to time, as the profits of their business shall enable them to make.

SEC. 16. This act may at any time be amended, altered or repealed by and at the pleasure of the general assembly.

INCORPORATING THE NEW HAVEN WATER COMPANY.

PASSED 1849.

Resolved by this Assembly, SEc. 1. That Henry Peck, Ezra C. Read, Henry Hotchkiss, James Brewster, and Wooster Hotchkiss, with all such persons as are or may be from time to time associated with them, for the purpose of supplying the city of New Haven with pure water for public and domestic use, their successors and assigns, be and they are hereby incorporated for said purpose, by the name and style of the "New Haven Water Company," and by that name shall be, and are hereby made capable in law to have, purchase, receive, possess and enjoy to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects, of what kind and quality soever, necessary to give effect to the specified purposes of this company, and for the accommodation of their business and concerns, and the same to sell, grant, demise, alien and dispose of; to sue and be sued, plead and be impleaded, defend and be defended in all courts in this state or elsewhere; also to make, ordain, establish and put in execution such by-laws, ordinances and regulations as shall be deemed necessary and convenient for the well ordering and government of said corporation, not being contrary to this act, and the laws of this state, and of the United States, and to do and execute all and singular, the matters and things which to them may or shall appertain to do, subject to the rules, regulations and provisions herein after prescribed. SEC. 2. The capital stock of said company may consist of one hundred thousand dollars, with the privilege of increasing the same to two hundred and fifty thousand dollars, to be divided into shares of fifty dollars each, which shares shall be deemed personal property, and be transferred in such manner and at such places as the by-laws of said company shall direct.

SEC. 3. The persons named in the first section hereof, or a majority of them, shall open books to receive subscriptions for the capital stock of said company, at such times and places as they or a majority of them shall direct, and shall give such notice of the times and places of opening said books, as they may deem reasonable, and shall receive said subscriptions, under such regulations as they may adopt, for the purpose, and in case an amount not less than fifty thousand dollars shall be subscribed to the capital stock of said company, they may at their discretion close the books of subscription, and proceed to the organization of said company, as herein after provided.

SEC. 4. The government and direction of the affairs of said company

shall be vested in a board of seven directors, who shall be chosen by the stockholders of said company, in the manner herein after provided; said directors shall also be stockholders in said company, and shall hold their offices till others are duly elected and qualified to take their places as directors, and the said directors (a majority of whom shall be a quorum for the transaction of business) shall elect one of their number to be president of the board, who shall also be president of said company; they shall also choose a clerk and a treasurer, which treasurer shall give bond with security to said company, in such sum as said directors may require, for the faithful discharge of his trust.

SEC. 5. The persons authorized by the third section of this act to open books for subscription to the capital stock are hereby authorized and directed, after the books of subscription to the capital stock of said company are closed, to call the first meeting of the stockholders of said company, in such way and at such time and place as they may appoint, for the choice of directors of said company, and in all meetings of the stockholders of said company, each share shall entitle the holder to one vote, which may be given by said stockholder in person or by lawful proxy, and the annual meeting of the stockholders of said company for the choice of directors shall be holden at such time and place, and upon such notice as said company in their by-laws may prescribe; and in case it shall so happen that an election of directors shall not be made on the day appointed by the by-laws of said company, said company shall not for that cause be deemed to be dissolved, but such election may be holden on any day which shall be appointed by the directors of said company, and said directors shall have power to fill any vacancies in their own number which may occur by death, resignation or otherwise.

SEC. 6. The said directors shall have full power to make and prescribe such by-laws, rules and regulations as they shall deem needful and proper touching the disposition and management of the stock, property, estate and effects of said company, not contrary to the laws and constitution of the United States and of this state, or the provisions of this act, the transfer of shares, the duties and conduct of their officers and servants; also for the election and meeting of their directors, and other matters appertaining to their business and concerns, and may appoint as many officers and servants, with such salaries as shall to them seem necessary; and the said board of directors shall have power to make and declare such dividend. and dividends among the stockholders, from time to time, as the profits and earnings of the business of said company shall enable them to do.

SEC. 7. 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 requisitions of the board of directors, the stock of such stockholders, or so much thereof as shall be necessary, may be sold, by the direction of said corporation, at public auction, after the lapse of sixty days from the time when the payment became due; and all surplus money, the avails of such sale, after deducting the payments due, and interest thereof, and the necessary expenses of the sale, shall be paid over to such negligent stockholder.

SEO. 8. Said corporation shall have full power, and they are hereby

authorized to open the grounds in any streets, lanes, avenues, highways and public grounds, for the purpose of laying down and sinking or repairing such pipes or conduits as may be necessary for conducting the water in manner aforesaid; provided, that such streets, lanes, avenues, highways and public grounds shall not be injured, but all be left in as good and perfect condition as before the laying of said pipes or conduits. And said company, for the purposes of this act, may take and use such waters and streams as may be necessary, first obtaining the assent of such person or persons, or corporation, if any, that may have rights in or to the same. SEC. 9. When at any time it shall be thought necessary for the purposes of this act to lay down or sink said pipes or conduits in the grounds of any private person or persons, and to conduct said water across the land, or under the soil of such person or persons, the said corporation shall by petition to the county court of New Haven county, at any stated or adjourned session thereof, or at any special court to be convened for that or any other purpose, first giving reasonable notice to the parties interested, pray for a committee to view such lands of such person or persons, and to assess the damage such person or persons may suffer by reason of sinking said water across or under his, her or their land or soil, which said committee said county court are hereby authorized to appoint; and said committee shall as soon as may be, after giving such notice of the time and place of their meeting to the parties interested, as the judge of said county court for New Haven shall prescribe, view the lands of such person or persons, and assess the damages each individual shall sustain by reason of sinking said pipes, and conducting said water across his, her or their lands for the purposes aforesaid, and make report thereof to the same or the next county court for New Haven county; and after said committee shall have viewed the land of such person or persons, and assessed said damages, said corporation may proceed to enter upon the lands of such person or persons, and lay down or sink said pipes or conduits, without being liable to any action of trespass or other action therefor, and if at any time hereafter it shall be necessary for said corporation to enter upon such lands of such persons to repair said pipes, any damage done to any such person or persons shall be paid by said corporation, according to an assessment thereof to be made by three disinterested freeholders, to be appointed by said county court of New Haven county; but if said corporation shall neglect or refuse to pay the sum or sums so assessed, then said county court may award execution or executions therefor in the name of the person or persons to whom said sum or sums shall be so assessed.

SEC. 10. The said company shall cause to be kept at their office proper books of accounts, in which shall be fairly and truly entered all the transactions of the company, which books shall be open at all times for the inspection of the stockholders.

SEC. 11. This act may be altered, amended or repealed at the pleasure of the general assembly.