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All other articles, not enumerated, in the same proportion. This resolve shall at all times be liable to be altered or repealed by the general assembly.
SUPPLEMENTARY RESOLUTION RELATING TO WHARFAGE OF NEW HAVEN AND NORTHAMPTON COMPANY, IN NEW HAVEN.
WHEREAS, a resolution has passed this assembly at its present session relating to the rate of wharfage on the basin wharf in the city of New Haven:
Resolved by this Assembly, That nothing therein contained shall be construed to affect the rights of the Union Wharf Company, or the con
tractors to re-build and support Union wharf and pier in New Haven, to collect wharfage in any case whatever, or any other existing rights of said company.
INCORPORATING THE SALT ISLAND WHARF COMPANY.
Resolved by this Assembly, SEC. 1. That Orimel B. Wright, Amasa Spencer, Augustus Bushnell, Henry M. Stannard, Ezra Stannard, Isaiah Post 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 Salt Island Wharf Company, for the purpose of constructing, maintaining and extending their wharf, with all necessary slips and piers, situated on a small island, called Salt Ísland, in the town of Westbrook, and by that name to sue and be sued, plead and be impleaded, defend and to 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 five thousand dollars, and to have and to 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 wharfinger, 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 the present wharf in said Westbrook, and to enlarge and extend the same, with the necessary piers and slips, they paying to the owners of said property, where said wharf may be enlarged, such sum or sums as may be assessed them by the county court of Middlesex county, and shall have right to collect toll or wharfage for all vessels which 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 five 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 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 shall be called by Ezra Stannard, Esq., of said Westbrook, by giving notice to all the owners of said wharf.
SEC. 5. It shall be the duty of the wharfinger to collect the wharfage when due, and on neglect or 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 cargo, to make room for others to receive or discharge theirs; and as to the fact of their being fairly employed in receiving and discharg ing cargo or needing accommodation therefor, said directors 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 person 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 director, 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 the sum of twenty 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 and joint stock.
SEC. 6. This act may at any time be altered, amended or repealed at the pleasure of the general assembly.