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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 to the capital stock of said company at such times and places as they, or a majority of them, may appoint, 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 when four hundred shares of the capital stock of said company shall be subscribed, they shall have the power to make the shares so subscribed the capital stock of said company. And they are farther authorized, after said number of shares have been subscribed, 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; each share shall entitle the holder thereof to one vote, which vote 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 the said company may prescribe.

Sec. 4. The immediate government and direction of the affairs of said company in cases not herein otherwise provided for, shall be vested in a board of not less than seven directors, who shall be chosen by the stockholders of said company, in the manner provided for herein, and shall hold their offices until others are duly elected and qualified to take their places as directors. And the said directors (four 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 the company. They shall also choose a clerk, who shall be sworn to a faithful discharge of his duty, and a treasurer, who shall give bonds with surety to the company, in such sum as the said directors shall require, for the faithful discharge of his trust. And in case it shall so happen that an election of directors shall not be made on any 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 vacancy which may occur by death, resignation or otherwise.

Sec. 5. Said company is hereby authorized to purchase, receive and hold such real estate as may be necessary and convenient in accomplishing the object for which this incorporation is granted, and may, by their agents, surveyors, engineers and servants, enter upon such route or places, (to be designated by the directors and approved by three commissioners, to be appointed by the general assembly for that purpose, who shall have no interest in said plank road,) after such notice given, as the commissioners shall deem reasonable, to the persons whose lands may have been taken, and after hearing all objections which may, by such persons, be made to the location made by said directors, as to the location, line, course, road or way, whereon to construct said plank road. And it shall be lawful for said company to enter upon and use all such lands and real estate as may be necessary for them, in the manner and for the purposes set forth in the first section hereof. And said company shall be holden to pay all damages that may arise to any person or persons.

persons. And if the person or persons to whom damage may arise, and said company cannot agree as to the amount of said damage, it shall be the duty of said company to apply to the judge of the county court for the county of Fairfield, and to cause one week's notice to be given to the adverse party, of said application, and thereupon said judge shall appoint three judicious and disinterested freeholders to assess the amount of such damage. And said freeholders, after being sworn, shall give notice of the time and place of their meeting, on the business of their appointment, and they shall assess just damages to the person or persons whose real estate may be taken, which assessment shall be in writing, under the hands of said freeholders, and the same shall be returned to the clerk of the county court, who shall record it; provided, that said plank road shall not be opened across the lands of any person, until the damages so assessed to such person shall have been paid, or secured to be paid to his satisfaction, or deposited with the treasurer of the county of Fairfield, within sixty days after the same shall have been finally determined. And provided farther, that in case the persons required by this charter to be notified, shall reside out of this state, or have no place of residence in this state known to the occupant of the land over which said plank road passes, or to any of the directors of said company, then, in either case, the judge of the county court in and for said Fairfield county, may give an order of notice, as in case of a bill of equity is anthorized by statute to be given.

Sec. 6. When the lands or other property or estate of any femecovert, infant, or person non compos mentis, shall be necessary for the construction of said plank road, said lands may be taken, notice being given to the husband of such feme-covert, and the guardian of such infant, and the conservator of such person non compos mentis. And they may respectively release all such damages for any lands or estate taken and appropriated as aforesaid, as they might do it the same were holden in their own right respectively.

Sec. 7. Whenever it shall be necessary for the construction of their plank road to intersect or cross any stream of water or water-course, or any road or highway, it shall be lawful for said company to construct their road across or upon the same. But said

company.

shall restore the said stream or water-course, or road or highway thus intersected, to its former state or in sutficient manner not to impair its usefulness.

Sec. 8. Whenever it shall become necessary to use any part of a public highway for the construction of said plank road, it shall be lawful for said company to construct their plank road along and upon said public highway, having tirst obtained the consent and permission of the town in which said public highway may be situated, to use said highway for the constructing of said plank road along and upon the same, at a special meeting of the inhabitants of said town qualified to vote in town meetings, legally called for that purpose.

Sec. 9. Whenever said company have completed the whole or any four consecutive miles of their road, it may apply to the commissioners on said road, or any two of them, to inspect said road or part of said road so completed; and if said commissioners, or a majority of them, are satisfied on inspection, that the road or part so inspected is made and completed according to the intent and meaning of this charter, they shall grant a certificate to that effect, which shall be filed in the office of the county

clerk. The commissioners shall be allowed three dollars per day and their expenses for their services.

Sec. 10. Upon filing such certificate as aforesaid, said company may erect one or more toll gates upon their road, but not within three miles of each other, and may demand and receive toll not exceeding two cents per mile for any vehicle drawn by two animals, and for any vehicle drawn by more than two animals, one-half cent per mile for every additional animal; for every vehicle drawn by one animal, not exceeding one cent per mile; for every horse and rider or led horse, not exceeding onehalf cent per inile; for mules and cattle, sheep and swine, not exceeding one mill per mile, each.

Sec. 11. Said company may at any time extend their plank road from New Canaan to and into the town of Ridgefield; provided, that a majority of the stockholders of said company, at a special stockholders' meeting, called for that purpose, shall so decide. And for the purpose of said extension, the officers of the company may receive subscriptions to the stock of said company under such regulations as may be prescribed by them to the extent allowed by this charter.

Sec. 12. This resolution may at any time be altered, amended or repealed at the pleasure of the general assembly.

INCORPORATING THE WALLINGFORD, NORTH HAVEN AND NEW HAVEN

PLANK ROAD COMPANY.

PASSED 1858.

Upon the petition of Eli S. Ives and others, praying for the incorporation of a plank road company, as per petition on file:

Resolved by this Assembly, Sec. 1. That Elisha M. Pomeroy, Samnel Simpson and Israel Harrison, of Wallingford, Allyn S. Stillman, Isaac L. Stiles and Horatio N. Warner, of North Haven, and Jonathan Nicholson and Hoadley B. Ives, of New Haven, and Merrick S. Mansfield and Horace Potter, of Hamden, together with such other persons as shall associate with them, be and they are hereby constituted a body politic and corporate, by the name of "The Wallingford, North Haven and New Haven Plank Road Company,” and by that name may sue and be sued, implead and be impleaded in any court in this state, and may ordain and establish such by-laws, rules and regulations as shall be necessary for the government and management of said company, not contrary to the laws of the United States or of this state. And said company may have a common seal, and the saine may alter and renew at pleasure. And said company is hereby vested with all powers, privileges and immunities which are or may be necessary to carry into effect the purposes and objects of this act as herein after set forth. And said company is hereby anthorized and empowered to locate, construct and finally complete and maintain a plank road from some suitable point in the village of Wallingford, throngh the towns of North Haven and Hamden, to some suitable point in the city of New Haven, in such route as shall be deemed most expedient, the track of which plank road shall be made of timber, plank or other hard material, so that the same shall form a hard and even surface, and for the purpose of constructing said plank road, said company is hereby authorized to lay out said road, not exceeding four rods in width through its whole length, and for the purposes of cutting and of making embankments and of obtaining stone and gravel, may take as much more land as may be necessary for the proper construction and security of said road.

SEC. 2. The capital stock of said company shall be twenty thonsand dollars, and may be, at any legal meeting or meetings of the stockholders, specially warned for that purpose, increased to an amount not exceeding forty thousand dollars. Said stock shall be divided into shares of fifty dollars each, which shares shall be deemed personal property, and shall 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 the books to receive subscriptions to the capital stock of said company, at such times and places as they or a majority of them shall appoint, after they shall have given notice of the times and places of opening said books, such as they may deem reasonable, and they may therenpon receive such subscriptions, under such regnlations as they may adopt for the purpose, and when four hundred shares of the capital stock of said company shall be subscribed for, they shall have power to make the shares so subscribed for, the capital stock of said company, and afterward they may call the first meeting of the stockholders of said company in such manner and at such time and place as they may appoint for the choice of directors of said company.

Sec. 4. Annual and special meetings of the stockholders of said company may be holden at such times and places, and upon such notice as said company may prescribe. At all meetings of stockholders, each share shall entitle the holder thereof to one vote, which vote may be given by said stockholder in person or by lawful proxy. The immediate government and direction of the affairs of said company, in cases not herein otherwise provided for, shall be vested in a board of not less than seven directors, who shall be stockholders of said company, and shall hold their offices until others are dnly elected to take their places as directors. Said directors (four 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 the company, and shall also choose a clerk of said company, who shall be sworn to a faithful discharge of his duty, and a treasurer, who shall give bonds with surety to the company in such sum as the directors may require, for the faithful discharge of his trust. In case it shall so happen that an election of directors shall not be made on any day appointed by the by-laws of said company, said company shall not for that cause be deemed to be dissolved, but snch election may be holden on any sn bsequent day which shall be appointed by the directors of said company. And said directors shall have power to fill any

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vacancy in their number which may occur by death, resignation or otherwise.

Sec. 5. Said company may purchase, receive and hold such real estate as may be necessary and convenient in effecting the purposes of this act of incorporation. The directors of said company may make such a location of said road as shall be approved by the county commissioners for New Haven county, after said commissioners shall, upon such notice as they may deem reasonable to the person whose lands said location crosses, have heard all objections made by such persons to such location. Said company may take and use, for the purposes designed by this act of incorporation, all lands and real estate included within said location of said road, and shall pay all damages occasioned by the laying out, making and maintaining of said road, which damages shall be assessed, determined and paid in the manner provided, and under the regulations prescribed for railroad companies, by section 10 of “An act in addition to • An act relating to Railroad Companies,”” passed May session, 1849.

Sec. 6. When the lands or other property or estate of any feme-covert, infant or person non compos mentis, shall be necessary for the construction of said plank road, said lands may be taken—notice being given to the husband of such feme-covert, the guardian of such infant or the conservator of such person non compos mentis. And such husband, guardian or conservator may release all damages for any estate taken and appropriated as aforesaid, as he might do it said estate were held by him in his own right.

SEC. 7. Whenever it may be deemed necessary, said plank road may be located and constructed across, along or upon any water-course, stream, road, highway or turnpike road; provided, that said company shall so far restore to its former state, such water-course, stream, road, highway or turnpike crossed or used by them, as to leave its usefulness unimpaired.

Sec. 8. Whenever it shall become necessary or expedient to use any part of any public highway for the construction of said plank road, it shall be lawful for said company to construct their plank road along and upon said public highway, having first obtained the consent and permission of the town in which said public highway may be situated, to use said highway for the constructing of said plank road along and upon the same, at a special meeting of the inhabitants of said town, qualified to vote in town meetings, legally called for that purpose.

Sec. 9. Whenever said company shall have completed the whole, or any four consecutive miles of their plank road, they may apply to the said commissioners, or any two of them, to inspect said road, or said part thereof so completed; and if said commissioners, or a majority of them, are satisfied, on inspection, that the road, or part so inspected, is made according to the intent and ineaning of this charter, they shall grant a certificate to that effect, which shall be filed in the office of the county clerk of New Haven, county.

Sec. 10. Upon tiling such certificate as aforesaid, the said company may erect one or more toll gates upon their road, but no two within three miles of each other, and may demand and receive toll, not exceeding three cents per mile for any vehicle drawn by two animals—one-half of a cent per mile for every additional animal; for every vehicle drawn by one animal, not exceeding one cent and a half per mile; for every horse and ri

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