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AMENDING THE CHARTER OF THE NEW HAVEN WATER COMPANY.
Upon the petition of the “New Haven Water Company," praying for an alteration of their charter, and showing to this asseinbly that said company cannot carry out the design of their charter without the amendments contained in said petition :-therefore,
Resolved, That the New Haven Water Company be and they hereby are authorized and empowered to construct, repair and maintain along the line of their operations such reservoir or reservoirs as they may deem expedient or necessary; to take and use the water of any stream or streams below the point where the water is now used for mill purposes, and to construct, repair and maintain such canal or canals as may be necessary or convenient for the conveyance of the water as aforesaid to such point as they may desire, in or near the city of New Haven, to construct, repair and maintain such tide-gates as they may require, to remove such nuisances as now exist, and to prohibit the erection of others upon such stream or streams as may be used by said company_in nowise injuring the vested rights of any person or persons, corporation or corporations, without making compensation therefor, as follows:
Sec. 2. Whenever it may become necessary or expedient for said company to take and use the water of any stream or streams, or the land of any person or persons, for the coustruction of reservoirs, the conveyance of water, and other purposes herein named, the same may be done in accord
, ance with the provisions contained in section 9th of the resolution incorporating said company, passed by the general assembly, May session, A. D. 1849.
ALTERING CHARTER OF THE NEW HAVEN WATER COMPANY.
Upon the petition of the “New Haven Water Company,” praying for an
alteration of their charter:
Resolved by this Assembly, That the New Haven Water Company be and they are hereby authorized and empowered to increase their capital stock to a sum not exceeding four hundred and fifty thousand dollars; which increase of capital stock may be received according to the provisions of section second of the act incorporating said company, passed May session, A. D. 1849.
Séc. 2. Said company are hereby authorized and empowered, whenever the directors shall deem it expedient for the execution or completion of their works, to borrow money at a rate not exceeding seven per cent. per annum, payable semi-annually, and to secure the payment of the same
by their bonds, made payable in the currency of the United States, with the corporate seal of said company attached thereto, and signed by their president and countersigned by their treasurer, with or without coupons or certificates of interest, due at the end of every six months, attached thereto; and such bonds, before being issued, registered in the office of the comptroller of public accounts, and a certificate thereof shall appear on the face of each bond, and the comptroller shall, upon the application of the company, cancel any bonds so by him registered, which may be brought to him for that purpose, and shall enter said act of canceling in his register; and to secure the payment of said bonds, said company may by a vote of the stockholders, at a meeting called for that purpose, mortgage their property, or any part thereof, and their rights and franchises, by deed duly executed by their president under their corporate seal to trustees therein prescribed, in trust for the holders of the bonds of said company issued, or which may be issued from time to time, not exceeding the amount herein specified under the limitations herein after contained; and said company shall be allowed, as may be provided in said mortgage, to retain possession of the property so mortgaged, whether personal or real, without presumption of fraud; provided, that no bonds so issued by said company shall be for a less sum than one hundred dollars, and provided the amount of bonds so issued shall not exceed at any time fifty per cent. of the amount of bona fide capital stock subscribed for and actually paid in and invested by said company. The evidence of which shall be the president and secretary of said
company, under oath or affirmation, to the amount of such subscription; and that the same is bona fide, and has been paid in and invested in the works of said company; which subscription and acknowledgment of said oath or affirmation appended thereto shall be filed in the office of the comptroller of the state; and any person who shall knowingly take any false oath or affirmation under the provisions of this act, shall be deemed guilty of perjury and punished accordingly. And said company are hereby empowered to sell, dispose of and negotiate such bonds or obligations for such prices and on such terms as said company may deem proper.
Sec. 3. Said corporation are hereby authorized to change the bed or course of such highway or highways as may be necessary or convenient for the purposes of building or erecting their reservoirs; and they are hereby authorized and empowered to take and occupy such land as may be necessary to change the line of snch highway or highways, in accordance with the provisions of the ninth section of the act passed May session, A. D. 1849, incorporating said company. Provided, that before said company shall alter or change the line of such highway or highways, the consent of any corporation or corporations, owning or having an interest in such highway, (and of the] county commissioners, shall be first had and obtained.
Sec. 4. This resolution may be altered, amended or repealed at the pleasure of the general assembly.
INCORPORATING THE ROWLAND'S BROOK RESERVOIR COMPANY.
WHEREAS, there are now situate on a stream of water called Rowland's
Brook, in the town of Canterbury, in the county of Windham, several manufacturing establishments and milling privileges, owned as follows, to wit: two large and valuable cotton mills, owned by Asa Fenner, of Griswold, in the county of New London ; a grist or grain mill, owned by Stephen and Grafton Bennet, of Plaintield, in said Windham county; a ropeing, yarn and cotton factory, owned by Hezekiah Crandall, of said Canterbury; a large and extensive saw mill, with a gang of saws, and also a grist mill, owned by Joseph Safford, of said Canterbury; a shingle mill, and small cotton mill, owned by D. F. Eaton, of said Canterbury; and a ropeing, wicking and batting factory, owned by John C. Eldridge, of said Canterbury,—now supplied and operated by the waters of said Rowland's Brook, which, in dry seasons, is insufficient to operate all the machinery attached to said various mills; and whereas, an opportunity now occurs for the owners of said several mills to purchase of the town of Canterbury, and individuals owning lands on said brook, a sufficient number of acres, and, by the erection of a dam, to create an artificial reservoir sufficient, at all times, for the operation of all the mills above mentioned, the whole year and during the greatest scarcity of water in its natural course to said mills; and whereas, the above named mill-owners are desirous of availing themselves of the provisions of the act of the general assembly, entitled “ An act relating to Joint Stock Companies," passed at the May session, 1837, but, by the provisions of that act, the capital invested must not be less than four thousand dollars; and whereas, the construction of said reservoir, the purchase of lands for the same, and future care and repairs thereof, will not require an amount of capital beyond the sum of two thousand five hundred, and when so invested, and said reservoir is constructed, the same can be managed with much more ease and many more benefits under the provisions of said act than can be done by said owners as tenants in common; now, therefore,
Be it resolved by this Assembly, Sec. 1. That the aforesaid Hezekiah Crandall, Joseph Safford, Asa Fenner, Stephen Bennet, D. F. Eaton, John C. Eldredge, their associates and successors, be and they are hereby created, constituted and ordained a body politic and corporate, by the name of the Rowland's Brook Reservoir Company, for the purposes aforesaid, with a capital of two thousand five hundred dollars, to be divided into shares of twenty-five dollars each.
Sec. 2. Said reservoir company are hereby invested with all the powers, privileges and immunities, and subject to all the liabilities and restrictions, provided, specified and enacted in the aforesaid act, entitled “ An act in relation to Joint Stock Companies," in all respects and to all intents and purposes therein mentioned, except the amount of capital required in and by said act, the same being reduced to said sum of twentyfive hundred dollars, instead of four thousand dollars.
Sec. 3. Said reservoir company shall hold their first meeting for the organization thereof, on the first Monday of July next, at such place as may be designated by either two of the above named persons. And thereafter the annual meetings of said company shall be held on the first Monday of July in each year.
SEO. 4. The several sections of the above mentioned act shall be taken and deemed as part of this grant and wholly embraced herein, in the same manner and to the same effect as if specified article by article at large.
Resolved, Sec. 5. That this act may at any time hereafter be repealed, altered or amended by the general assembly, and whenever said "Act in relation to Joint Stock Companies” shall be repealed, this resolve shall be repealed also.
CONFIRMING IN EDWIN BISHOP THE TITLE TO KEEP AND MAINTAIN A
Upon the petition of Edwin Bishop, of the town of Stamford, in this state,
showing to this assembly that he is the proprietor of an artificial canal, leading from the eastern branch of Stamford harbor to the center of Stamford village, near the Connecticut turnpike road; that said canal is navigable for vessels of fifty tons burthen and upwards, and is of great public utility to the inhabitants of said Stamford and of the towns adjoining; that to construct said canal and its basin, which is in said Stamford village, and the wharves around said basin and the storehouses upon said wharves, involved an expenditure to the petitioner of not less than $12,000; and that the petitioner is the sole owner of the ground on each side of said canal. Showing further, that there is a natural creek (commonly known by the name of Old Creek) emptying into said eastern branch of said Stamford harbor, near the mouth of said canal, or where said canal unites to or empties into said harbor; and that for the purpose of improving the navigation of said canal and of rendering it more convenient to the public, the petitioner has, at great expense to himself, built a raceway or lateral canal, connecting said old Creek with said artificial canal, near its said basin. Showing further, that across the mouth of said Old Creek, where it empties as aforesaid, he has erected a dam, with a trench, and that at or near the termination of said raceway or lateral canal, and near the basin of said artificial canal he has erected a gate, so that the tide rises into said Old Creek and lateral canal through' said trench, and when falling passes out with a strong current through said artificial canal, and thus keeps it clear of mud and sediment and preserves the navigation thereof unobstructed ; thus securing to the petitioner what would otherwise be to him a great expense annually, in clearing out the sediment, mud and deposit in said artificial canal, and at the same time conducing very greatly to the public convenience and utility. Showing further, that the establishment and continuance of said dam across the mouth of said Old Creek are thus necessary to the successful operation of said artificial canal, and consequently to the public good; praying for the grant to the petitioner of the right to permanently continue said dam, and the establishment and confirmation of the same as it now exists,-or other relief, as per petition on file. This assembly doth find the facts alleged in said petition to be true ; be it therefore
Resolved by this Assembly, That the said Edwin Bishop, his heirs and assigns, be forever invested with the full right to keep and maintain said dain as it now exists and is used across the said Old Creek, and that said dam be and the same hereby is confirmed and established; subject, however, to be altered, amended or revoked by the general assembly.
INCORPORATING THE WINSTED PARK FOUNT.
Resolved by this Assembly, That Luman Wakefield, Gideon Hall and Hiram Perkins, with all others who are or shall hereafter become associated with them, be and they hereby are, with their successors and assigns, made and established a body politic and corporate, by the name of the Winsted Park Fount, for the purpose of conducting water in subterraneous pipes or conduits from a spring on the land of Gideon Hall, or from one on the land of Alanson Loomis, (the said Loomis thereto assenting,) or from both to the east village of Winsted, town of Winchester, and county of Litchfield ; and by that name shall be capable in law to sue and be sued, plead and be impleaded, defend and be defended, answer and be answered unto in any court of record or elsewhere; and may purchase, take, hold, occupy, possess and enjoy to them, their assigns and successors, any land, hereditaments or any goods, chattels or effects necessary or convenient for the promotion of the object of this resolve, and may have, use and alter at pleasure a common seal.
Sec. 2. Said company, whenever necessary, may open the ground in the streets or highways, to sink, repair or secure the pipes or conduits used for conducting the water; and when to sunk may preserve, secure and protect the same from injury or decay, and may construct cisterns sufficiently large and commodious on or near the highest point at or near the center of the public green in said village, (to which the waters are first to be conducted and from which individual supplies are to be obtained,) and others at the springs or sources from which the waters are taken, all which cisterns may be enclosed and kept enclosed with a fence or railing well adapted to their convenience and protection. Provided, that the safe passage of teams on such streets or highways, when opened for the purpose