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der or led horse, not exceeding three-quarters of a cent per mile; and for mules, cattle, sheep, and swine, not exceeding one mill per mile, each.

Provided always, that persons traveling on the Lord's day and other days to attend public worship, where they ordinarily attend-persons traveling to attend funerals within their own town—farmers passing through said gates to and from their farms—all persons living on said road within one mile and a half of either of said gates, and not passing said gate further than one mile and a half-persons going to and from grist mills for their ordinary milling--persons traveling to attend society, town or freemen's meetings in their own town—and persons obliged by law to perform military duty, traveling to attend such duty by order of law, shall not be liable to the payment of said toll.

Sec. 11. This resolution may at any time be altered, amended or repealed at the pleasure of the general assembly of this state.

INCORPORATING THE WATERBURY AND CHESHIRE PLANK ROAD COMPANY.

PASSED 1852.

Upon the petition of J. Nicholson and others, praying for the incorpora

tion of a plank road company, as per petition on file:

Resolved by this Assembly, Sec. 1. That William H. Scovill, William H. Ellis, John P. Elton, Arad Welton, William Johnson, John S. Griffing, Lucius R. Finch, Benjamin Noyes and Lucius G. Peck, together with such other persons as shall associate with them, be and they hereby are constituted a body politic and corporate, by the name of the Waterbury and Cheshire Plank Road Company; and by that name they may sue and be sued, plead and be impleaded in any court, and may make such by-laws and regulations as may be necessary for the government and management of said company, not contrary to the laws of this state or of the United States. And said company may have a common seal, and may alter and renew the same 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.

SEC. 2. The capital stock of said company shall be twenty thousand dollars, and may be, at any legal meeting or meetings of the stockholders specially warned for that purpose, increased to an amount pot 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 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, after they shall have given such notice of the times and places of opening said books, as they inay deem reasonable ; and they may thereupon receive such subscriptions under such regulations as they may adopt for the purpose; and when five 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 afterwards 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 duly elected and qualified 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, withi 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 canise, be deemed to be dissolved, but such election may be bolden on any subsequent day which shall be appointed by the directors of said company. And said directors shall have power to fill any vacancy in their number which may occur by death, resignation or otherwise.

Sec. 5. Said company is hereby empowered to locate, construct and finally complete and inaintain a plank road, from some suitable point in the town of Waterbury, to and into the town of Cheshire, in such route as shall be deemed most expedient, the track of which plank road shall be made of tiinber, 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 cntting and of making embankınents, and of obtaining stone and gravel, may take as inuch more land as may be necessary for the proper construction and security of said road.

Sec. 6. Said coinpany 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 persons whose lands said location crosses, have heard all objections made by such persons to snch location. Said company may take and use for the purposes designed by this act of incorpo

ration, 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. 7. When te 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. 8. 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. 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 meaning of this charter, they shall grant a certificate to that effect, which shall be filed in the office of the county clerk for New Haven county:

Sec. 10. Upon filing snch certificate as aforesaid, the said company may erect one or more toll-gates upo:1 their road, but no two within three miles of each other, and may demand and receive toll, not exceeding three

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, one cent and a half per mile; for every horse and rider, or led horse, three quarters of a cent per mile; and for mules, cattle, sheep and swine, one mill per mile, each ; provided, that no toll gate shall be erected 80 as to obstruct or hinder free travel on any public highway.

Sec. 11. This resolution may at any time be altered, amended or repealed at the pleasure of the general assembly.

cents per

INCORPORATING THE WOODBURY AND SEYMOUR PLANK ROAD COMPANY.

PASSED 1852.

Resolved, Sec. 1. That Lewis B. Candee, Norman Parker, Charles B. Phelps. Reuben H. Hotchkiss, Lewis Judd, William Gaylord, together with such other persons as shall associate with them, be and they are

hereby made and constituted a body corporate and politic, by the name of “The Woodbury and Seymour Plank Road Company," and by that name may sue and be sued, implead and be impleuded in all courts of law and equity in this state, and may elect a president and directors, and other officers and agents of said corporation, as they may deem necessary to transact their affairs, and to make and amend a corporate seal, and to make such by-laws regulating their affairs as are not inconsistent with the laws of this state, which by-laws may be repealed, altered or amended by the superior court for New Haven county, at any stated or special term, due notice being given to said corporation; and said corporation may survey and lay out, erect and maintain a plank road from some suitable point in the town of Woodbury, to some suitable point on the Naugatuck river, within the town of Seymour, upon the present highways and roads, or upon and over the lands of any person or persons, not exceeding four rods in width, and may make such cuttings and embankments, and obtain gravel, dirt, stones and other material for the proper construction and security of said road as they may require; provided all damages for lands, franchises and interests, and injuries to any person or persons or corporation, shall be estimated and paid as herein after prescribed.

SEC. 2. The capital stock of said road shall not exceed forty thousand dollars, to be divided into shares of fifty dollars each, and shall be deemed personal property, and be transferred and assigned in such manner as said corporation may hereafter prescribe.

SEC. 3. And the person or persons named in the first section hereof, are 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 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 town of Woodbury, through the towns of Southbury, Oxford and Seymour, at some suitable point on the Naugatuck river, 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, the said company is hereby authorized to lay out their road, not exceeding four rods wide, through the wholo length; provided, that all damages that may be occasioned to any person or corporation, by the taking of any such land or materials aforesaid, shall be paid for by said coinpany, in manner herein after provided.

Sec. 4. 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 such 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 further authorized, after said number of shares have been subscribed, to call the first meeting of 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

ors.

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. 5. 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, in the manner provided for herein, and shall hold their offices until others are duly elected and qualified to take their places as direct

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 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. 6. 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 the county commissioners for New Haven county for the time being,) 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 sha I be holden to

pay
all damages that

may arise to any person or persons. And if the person or persons to whom damage may arise, and the 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 New Haven, or to some one of the judges of the superior court, 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, disinterested freeholders to assess the annount 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 New Haven county court, who shall record it: provided 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 be deposited with the treasurer of the county of New Haven, within sixty days after

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