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aforesaid, shall not be obstructed and that the proprietors shall again repair the same under the penalty of being prosecuted for a nuisance.
SEO. 3. The capital stock of said company shall not exceed one thousand dollars, and may be altered and reduced from time to time by vote of the company to any less sum; and the shares shall be ten dollars each, and be deemed personal estate, and be transferable only on the books of the company.
Sec. 4. Said company, at any lawful meeting, shall have power to pass such by-laws for the needful regulations of the same, and to carry into effect the foregoing provisions, and may appoint a chairman, clerk, treasurer and directors, (not exceeding five, the latter to manage the prudential business,) all of whom may hold their respective offices till others are appointed and act; and the clerk shall record all the proceedings of the company, make all transfers of stock, and give copies on request, and the proprietors may vote in person or by proxy in proportion to their number of shares respectively holden, each share entitling the owner thereof to one vote : and in likė proportion, after defraying necessary expenses, are the profits of said company to be divided, and all questions are to be decided by a major vote.
Sec. 5. The first meeting of said company may be called under a notification by two or more of the proprietors, put up on the sign-post nearest said public green, specifying the time and place, at least three days inclusive next before the holding of the same, and afterwards in such manner as said company may direct: and if ever necessary such meeting of said company may be revived in manner provided in first instance.
Sec. 6. Provided, that this resolve may at any time be altered, amended or revoked by the general assembly.
WHARF AND DOCK COMPANIES, ETC.
CHANGING TIME OF ANNUAL MEETING OF THE CONNECTICUT RIVER
Resolved, That the time of holding the annual meeting of the Connecticut River Company be changed from the first Tuesday of January to the fourth Tuesday of January, and that the annual meeting of said company shall hereafter be held on the fourth Tuesday of January.
AUTHORIZING THE CONSTRUCTION OF A MARINE RAILWAY.
Upon the petition of Samuel Forbes, of East Haven, in New Haven county, praying for liberty to make and maintain a marine railway, in New Haven harbor, on the east side thereof, extending from the shore adjoining the petitioner's own land into the navigable waters of said harbor, as per petition on file will more fully appear:
Resolved, That the said Samuel Forbes be and he is hereby authorized to erect, and forever maintain, a marine railway in said harbor, over and upon the flats from the shore adjoining the said Forbes' land, in East Haven, towards the channel of said harbor, in such place as the commissioners herein after named shall designate, for the purpose of raising and repairing vessels, and of such size and form as will best accommodate the public in the use of the same, with all necessary piers, wharves, and abutmients for the security of the same; and the said Forbes, his heirs and assigns, shall thereafter be established in the use and enjoyment of said railway, so long as he or they shall keep up and maintain the same for the purposes aforesaid. Provided, however, that said railway shall not be extended into the channel of said harbor, so as to obstruct or impede the navigation thereof; and the same shall be made to the acceptance of the commissioners herein after named, and shall be completed within two years from the time when the same shall be commenced.
Second : Messrs. Benjamin Beecher, Joseph N. Clark and Joel Stone are hereby appointed commissioners for the purposes mentioned in the foregoing resolve; and they shall assign the limits within which said railway shall be made.
INCORPORATING THE EAST WHARF COMPANY, OF MADISON.
Resolved, Sec. 1. That Erastus C. Scranton, Sereno H. Scranton, Mar
, tin L. Dowd, Henry Scranton, Hubbard Scranton, Austin Dowd, Selah Lee, Chloe M. Bishop, Timothy V. Meigs, Amos Bishop, John Griswold, Catharine W. Hand, Jonathan L. Wilcox and their associates, or all such persons as from time to time may be associated with them, be and they are hereby constituted a body politic and corporate, by the name of “ The East Wharf Company, of Madison,” for the purpose of constructing, maintaining and extending their wharf, with all necessary slips and piers, lying on Long Island Sound, on the east side of the village of Madison, and by that name to sue and be sued, plead and be impleaded, defend and be defended, and to have, purchase, receive, possess and enjoy to them and their successors, real and personal estate, to such an amount as may be necessary for the purposes aforesaid, not exceeding the sum of ten thousand dollars, and to have and use a common seal, to make and establish such rules, regulations and by-laws as appear necessary and convenient for the government of said corporation and for the preservation and management of said property, and for collecting and enforcing payment of wharfage, and may appoint not more than three directors, a treasurer, a secretary, a whartinger, or such other officer or officers as said company may deem expedient.
Sec. 2. Said corporation shall have power, and they are hereby authorized to construct and forever maintain their present wharf in said Madison, and to enlarge and extend the same, with the necessary piers or slips, they paying to the owner or owners of land where said wharf may be enlarged or extended, such sum or sums as may be assessed therefor, by the county court for New Haven county, and shall have right to collect tolls or wharfage, for all vessels or boats which shall moor thereat, or which take advantage from said wharf, and for all merchandise which shall be laden or unladen from or upon said wharf, or from within any of the piers or slips thereof.
Sec. 3. The capital stock of said company shall not exceed ten thousand dollars, to be divided into such number of shares as the directors shall appoint, which shares shall be considered personal property, and shall be transferable on the books of said company as the directors shall direct, and in all meetings of the stockholders of said company each share of stock shall entitle the holder thereof to one vote
Sec. 4. The directors shall have power to call meetings of the stockholders, at such time and place as they shall appoint, and also to call the annual meetings of said company for the purpose of choosing their officers, who when chosen shall continue in office until others shall be chosen in their stead, all which meetings shall be called in such manner and on such notice as the directors in their by-laws shall prescribe; and the first meeting of said company shall be called by Erastus C. Scranton, Esq., of said Madison, by personal notice to all the owners of said wharf.
Sec. 5. It shall be the duty of the wharfinger to collect and receive the wharfage when due, and on neglect and refusal to pay the same, after notice and demand, the directors shall have power to institute a suit for the same; and the wharfage due for or on account of any vessel or the cargo thereof, shall be and remain a lien upon such vessel until the same shall be discharged; and the wharfinger, with the advice of any one of the directors, shall have authority to regulate and station all vessels lying at or near said wharf, and to remove such as shall not be employed in receiving or discharging cargoes, to make room for others, to receive and discharge theirs; and as to the fact of their being fairly employed in receiving and discharging cargoes, or needing accommodation therefor, said director and wharfinger, or, in the absence of the wharfinger, any two directors, shall be sole judges, and they shall have authority to determine how far and in what instance it shall be the duty of the master, or other persons having charge of any such vessel, to accommodate each other in their respective stations, or in making room to grave, or pass up and down said wharf, slip or slips; and if any master, or other person having charge of any such vessel, shall refuse or neglect to obey said wharfinger and di
rector in matters so within their authority to direct, or if any person shall resist or oppose them in the execution of their duties, such master or other person shall forfeit and pay the sum of twenty-five dollars, to be recovered in the name of the treasurer of said company, for the use and behoof of the stockholders, according to their respective shares in joint stock.
SEC. 6. This act may at any time be altered, amended or repealed at the pleasure of the general assembly.
AUTHORIZING THE CONSTRUCTION OF A DYKE, &C., ACROSS MILL RIVER.
Upon the petition of Eli Whitney, of New Haven, praying for liberty to erect a dyke with gates across the Mill river, in said New Haven, so as to keep out the tide waters and prevent the overflowing thereby of the meadows adjoining said river above,--this assembly having inquired into the truth of the allegations in said petition contained, and it appearing that said Whitney is the owner of the land on both sides of said river between the bridge commonly called the Rock bridge, at the foot of East Rock, and the dam aeross said river, at the factory of said Whitney, and that the erection of a dyke with tide gates at said Rock bridge would be beneficial to the petitioner and not injurious to the public: it is therefore
Resolved by this Assembly, That liberty be and the same is hereby given to the said Whitney to make and maintain at his own expense, a dyke with tide gates across said river, at or above said Rock bridge and upon the land of the petitioner adjoining said river, so as to keep ont the tide waters and prevent the overflow of his meadows above. Provided, that this resolution may be altered or repealed at the pleasure of the general assembly.
REGULATING THE RATES OF WHARFAGE OF THE NEW HAVEN AND NORTH.
Resolved by this Assembly, That it be and it hereby is declared that the New Haven and Northampton Company have
the right of collecting wharfage at their basin wharf in the city of New Haven, between Union wharf and Tomlinson's wharf, (so called,) at a rate not exceeding a tariff
per box, per box,
hereunto annexed; and said tariff is hereby established accordingly. Provided, that neither the claims of any individual or individuals to be exempted from wharfage, nor the claims of said company to demand wharfage of such individual or individuals, shall be in any way affected by this resolve. Tariff as follows, to wit:
per 100 bushels,
per cubic feet, Bedsteads,
7 Bags,-coffee, pimento, pepper, cocoa, sugar, each,
1 corn, meal, per 100 lbs. each,
123 Boxes,-chocolate, candles, soap,
1 lemons and oranges,
per 50 feet, Havana or other sugars, ,
per 100 lbs.,
13 wine and cider,
per dozen bottles.
1 clocks, of half dozen, per box,
2 buttons, muskets and rifles,
per box, other
per cubic foot, Bottles,
3 in hampers, per hamper,
去 Cattle, (neat)
7 Casks Hhds. tobacco and sugar, each,
61 all other hhds.
each, tierces, each,
3 barrels, each,
11 half barrels,
each, pipes and butts over 125 gallons, each,
64 pipes and butts under 123 galls., each,
5 Casks : half pipes under 70 gallons, each,
half the above rates. empty flour barrels,
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