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GRANTING NEW CORPORATE POWERS TO THE PROPRIETORS OF THE SALIS
BURY ORE BED.
Upon the petition of William Ashley and others, individually, and as
proprietors of the gre bed in Salisbury, in this state, showing that this assembly, at its May session, 1784, incorporated the then owners of said ore bed by the name of “ The Proprietors of the Ore Bed in Salisbury," with certain powers and privileges; that this assembly, also, at its May session, 1844, by further resolve, conferred upon said proprietors further and additional powers and privileges, as will more fully appear by reference to said act of incorporation and said resolve. Showing, also, that the powers and privileges thus granted are, in many respects, inade quate to the well being and good management of their common property; also, that said petitioners are the successors of said original proprietors, in said ore bed, and hold the same as tenants in common, and which property consists of about one hundred acres of land in said Salisbury, and is the same property described in said resolves of 1784 and in 1844, and which then was, and since has been claimed by said proprietors, with the rights of digging and raising ore therefrom; also, that said property, rights and privileges are real estate, and not personal estate, and constitute the only capital stock of said corporation; also, that some of said proprietors are minors, under the age of twenty-one years, and that it is supposed there are some small proprietors, interested in said property, who are unknown to the petitioners, -all which will more fully appear by the petition on file, dated the 7th day of April, A. D. 1846. Said petition was duly preferred to this assembly at its May session, 1846, when it was ordered that notice of its pendency should be given to all interested in said property, in the way and manner specified in said order on file, whereupon said petition was duly continued to this present session; and upon inquiry, this assembly finds that said order has in all respects been complied with, and that the facts set forth in said petition are provod, and true. It is, therefore, Resolved by this Assembly, as follows, to wit, Sec. 1. The proprietors of said ore bed are hereby created a corporation, by the name of “The Proprietors of the Ore Bed in Salisbury," with a common seal, which they may establish and alter at pleasure, and that by that name they may sue and be sued, contract and be contracted with, and that they shall have all the powers and privileges which may be necessary to the full, complete and profitable enjoyment of their said property, rights and privileges.
Sec. 2. The ore bed of said proprietors and the rights and privileges of said proprietors to the same, and in the land aforesaid, are hereby declared, and the same hereafter shall be personal estate and not real estate: and the same shall be a corporate stock, divisible into shares, not exceeding one hundred dollars per share, transferable on the books of the corpo ration in such manner as its by-laws shall direct. Seo. 3. The application of said proprietors, made by them, their guardians, agents or attorney, shall be binding upon said proprietors; and this resolve shall be binding upon all other proprietors who may not have joined in said petition, and who shall not, within one year from its passage, signify, in writing, to the clerk of said corporation, his dissent from the provisions of the same.
Sec. 4. The shares of said proprietors in the corporate stock, shall be in proportion to their respective interests in said property: and any proprietor aggrieved by the refusal of said corporation to assign to him his relative share or shares of said stock, may have the same determined by proceedings upon a bill in equity, or by an action upon the case in any court of competent jurisdiction.
Sec. 5. The officers of said corporation shall consist of a president, çlerk, who shall be sworn, and three directors, all of whom, after the first meeting, shall be chosen at the annual meeting of the corporation by ballot.
Sec. 6. The first meeting of said corporation may be called by the said William Ashley or Timothy Chittenden, by a notice published in the Litchfield Enquirer, three times before the day of holding said meeting; at which meeting the officers aforesaid may be chosen, and such by-laws, rules and regulations established as said corporation shall determine, which said by-laws, rules and regulations may be altered, modified or repealed, as occasion shall require, at any annual meeting of said corporation.
Sec. 7. Said by-laws, rules and regulations shall contain nothing re pugnant to the constitution and laws of this state. And this resolve shall at all times be subject to alteration or repeal by the general assembly.
Sec. 8. Those parts of the resolves of 1784 and 1844, which are inconsistent with this resolve, are hereby repealed.
ATTORNEY'S FEES IN CONTESTED ELECTION CASES.
Resolved, That hereafter no attorney fee be allowed in contested election cases, from the state treasury.
AUTHORIZING THE RE-ESTABLISHMENT OF THE BOUNDARY LINE BETWEEN
CONNECTICUT AND RHODE ISLAND.
WHEREAS, sundry differences and disputes have arisen among the inhab
itants, resident near the line dividing the states of Rhode Island and Connecticut, concerning said dividing line, and most of the bounds and monuments, erected on and along said dividing line, have been removed or destroyed, rendering it now uncertain to which of said states sundry citizens, resident as aforesaid, belong: now therefore, it is
Resolved by this Assembly, That William Dyer, Gurdon Chapman and Jonathan Nichols, be and they are hereby appointed commissioners on the part of this state, to be duly commissioned by the governor, to ascertain the boundary line between this state and the state of Rhode Island; and the said commissioners are hereby authorized and empowered to meet such commissioners as may be appointed and vested with similar powers, by the legislature of Rhode Island, and with them, as soon as may be, to ascertain the boundary line, and erect suitable monuments at such places as they shall deem necessary, to prevent any future mistakes concerning the same; and said commissioners are authorized to employ necessary surveyors and chainmen, to assist as aforesaid, and said commissioners are to make report of their doings to the next general assembly of this state.
DESIGNATING THE BOUNDARY LINE BETWEEN CONNECTICUT AND RHODE
ISLAND, AS SURVEYED AND SETTLED.
WHEREAS, the commissioners appointed by the general assembly of this
state, at their session in May, A. D. 1839, to survey and ascertain the boundary line between this state and the state of Rhode Island, in connection with commissioners for that purpose, appointed by said last mentioned state, have made their report in the words and figures following, to wit:
WHEREAS, the general assembly of the state of Connecticut, at their ses
sion in May, A. D. 1839, appointed William Dyer of Plainfield, Gurdon Chapman of Norwich, and Jonathan Nichols of Thompson, commissioners, to join with such commissioners as might be appointed by the state of Rhode Island and Providence Plantations, in surveying and ascertaining the boundary line between the two states, and erecting suitable monuments thereon; and the general assembly of the state of Rhode Island and Providence Plantations, at their session in June, A. D. 1839, authorized his honor the acting governor, to appoint commissioners, to join with the commissioners of the state of Connecticut for the purpose aforesaid, and in pursuance of said authority, William Peckham of South Kingston, George D. Cross of Westerly, and Elisha R. Potter of South Kingston, were by his honor Samuel Ward King, appointed commissioners on the part of said state of Rhode Island and Providence Plantations; and the said commissioners have met and exhibited to each other their several commissions, and proceeded to complete the business for which they were appointed :
Now therefore, we, the said commissioners, have ascertained, and do by these presents and by virtue of the power given us by the legislatures of our respective states, establish the boundary line between said states, subject however to the final decision and ratification hereof by said legislatures, as follows:
Beginning at a rock near the mouth of Ashawage river, where it empties into Pawcatuck river, and from said rock a straight course northerly to an ancient stone heap at the southeast corner of the town of Voluntown, and from said rock southerly in the same course with the aforesaid line, until it strikes Pawcatuck river; from the southeast corner of Voluntown, a straight line to a stone heap at the southwest corner of West Greenwich; from thence, a straight line to the southwest corner of the ancient town of Warwick, and which is now a corner of the towns of Coventry and West Greenwich; from thence, a straight line to the northwest corner of the town of Coventry; thence a straight line to the northeast corner of the town of Sterling; thence a straight line to the south west corner of Gloucester; thence a straight line to the southeast corner of Thompson ; thence a straight line to the southwest corner of Burrilville, and thence a straight line to a stone heap upon a hill in the present jurisdiction line between the states of Massachnsetts and Rhode Island, and at all of said town corners, excepting said Warwick corner, we have erected monuments of stone, marked R. I. & C. And have also placed similar monuments on all the principal roads crossing the line, and at other suitable places, all which will more fully appear by reference to a plat of our survey, of which, duplicate copies have been executed by Jonathan Nichols and Moses B. Lockwood, the surveyors employed by the commissioners ; and which plats are hereby made a part of this agreement. And we have caused the ancient monument, which was erected at the Warwick corner in November, 1742, to be re-set and a large heap of stones to be made around it. Said monument is marked with the letter C on one side, and on the other RHODE ISLAND; and the traces of other letters or figures.
And it is further agreed by said commissioners, that this present survey and agreement shall not alter or in any wise affect the right or title of any person or persons to any lands, tenements or hereditaments, but the same shall remain as if this agreement had never been made. And it is further agreed that as soon as this agreement shall have been ratified and confirmed by the legislatures of our respective states, copies of the acts of ratification, duly authenticated, shall be forwarded by the secretary of each state to the chief executive magistrate of the other state, to be deposited among the records thereof, in perpetual testimony of said ratification.
Witness our hands and seals hereto affixed at Providence, this twentyseventh day of April, in the year of our Lord one thousand eight hundred and forty.
WM. PECKHAM, (seal.)
(seal. GURDON CHAPMAN, (seal.) JONATHAN NICHOLS. (seal.)
Resolved by this Assembly, That said report be accepted, and that the boundary line therein designated, be confirmed and established as the boundary line between said states.
APPOINTING COMMISSIONERS TO FIX THE WEST BOUNDARY LINE OF THIS
WHEREAS, sundry differences and disputes have arisen among the inhab
itants resident near the line dividing the states of New York and Connecticut, concerning said dividing line, and most of the bounds and monuments, erected on and along said dividing line, have been removed or destroyed, rendering it now uncertain to which of said states sundry citizens, resident as aforesaid, belong: now therefore, it is
Resolved by this Assembly, That William H. Holley of Stamford, and Jason Whiting of Litchfield, be and they are hereby appointed commissioners on the part of this state, to be duly commissioned by the governor, to ascertain the boundary line between this state and the state of New York; and the said commissioners are hereby authorized and empowered to meet snch commissioners as may be appointed and vested with similar powers by the legislature of New York, and with them, as soon as may be, to ascertain the said boundary line, and erect suitable monuments at such places as they shall deem necessary, to prevent any future mistakes concerning the same; and said commissioners are authorized to employ necessary surveyors and chainmen to assist as aforesaid, and said commissioners are to make report of their doings to the general assembly of this state. And in case of the death or resignation of said commissioners on the part of this state or either of them, the governor of this state is hereby empowered to fill the vacancy or vacancies so occurring.
Resolved, That the governor of this state be requested to transmit a duly certified copy of the foregoing resolution to the governor of the state of New York, to be laid before the legislature of that state.