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the same shall have been finally determined. And provided further, 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 for the said county of New Haven, may give an order of notice, as in case of a bill of equity is authorized by statute to be given.
Sec. 7. 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, and the guardian of such infant, and the conservator of such person non compos mentis. And they may respectively release all snch damages for any lands or estate taken and appropriated as aforesaid, as they might do if the same were holden in their own right respectively.
SEC. 8. 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, or turnpike road, or railroad, 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 highway, or road thus intersected to its former state, or in sufficient maner not to impair its usefulness.
Sec. 9. 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 plank 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 across the same, at a special meeting of the inhabitants of said town, qualified to vote in town meetings, legally called for that purpose. That no toll-gate shall be erected on any part of said plank road which is constructed on the highway so as to interfere with the travel path of the old highway, to prevent free passago on the same.
SEC. 10. Whenever said company shall have completed the whole or any four consecntive miles of their said road, it may apply to the commissioners on said road, or any two of them, to inspect said road, or said 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 for New Haven county. The commissioners shall be allowed three dollars per day and their expenses for their services.
Sec. 11. 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 three cents per mile, for any vehicle drawn by two animals; one half cent per mile for every additional animal; for every vehicle drawn by one animal, not exceeding one and a half cents per mile; for every horse and rider, or led horse, not exceeding one half cent per mile ; for mules and cattle, sheep and swine, not exceeding one mill per mile, each.
Sec. 12. This resolution may at any time be altered, amended or repealed at the pleasure of the general assembly.
RATIFYING THE UNION OF THE SOUTHBRIDGE AND BLACKSTONE RAILROAD
COMPANY WITH THE BOSTON AND NEW YORK CENTRAL RAILROAD COMPANY.
Resolved by the Senate and House of Representatives, in General Assembly convened, Sec. 1. The proceedings of the Southbridge and Blackstone Railroad Company, whereby on the twelfth day of December, A. D. 1853, they united themselves with the Norfolk County Railroad Company and the Midland Railroad Company, corporations established by and situated in the state of Massachusetts, under the name of the Boston and New York Central Railroad Company, in accordance with the provisions of the charter of said Southbridge and Blackstone Railroad Company, granted by this state, are hereby ratified and confirmed; provided, that nothing in this act shall be construed to impair the legal rights or claims of any person or persons upon or against said Southbridge and Blackstone Railroad Company; and provided further, that nothing in this resolution contained shall be construed so as to approve or ratify any act, doing or proceeding of said Southbridge and Blackstone Railroad Company, or of said Boston and New York Central Railroad Company, except the act of making joint stock, as set out in this resolution, and provided further, that nothing herein contained shall authorize said company to assume for their road within this state, the character of a through route from Boston to New York.
SEC. 2. The time within which said Boston and New York Central Railroad Company may construct that portion of their railroad situated in this state, which the Southbridge and Blackstone Railroad Company are by law authorized to construct, is hereby extended one year from the fourth of July, A. D. 1854,
INCORPORATING THE BRANCH COMPANY.
Upon the petition of A. M. Collins and others, praying for an act incor
porating a company for the purpose of constructing a branch railroad from some point on Connecticut river to the extension road of the Hartford and New Haven Railroad Company:
Resolved by this Assembly, Sec. 1. That Amos M. Collins, Thomas K. Brace, Timothy M. Allyn, Phillip Ripley, Charles H. Northam, Sulomon Porter and James R. Averill, with such other persons as shall associate with them for that purpose, are constituted a body politic and corporate, by the name of The Branch Company; and by that name to sue and be sued, plead and be impleaded in any court in this state; to make and have a common seal, and the same to break, alter or renew at pleasure. And the 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 authorized and empowered to locate, construct, and finally complete a single, double or treble railroad or way from some suitable point on Connecticut river, within the city of Hartford, to meet and unite with the extension road of the Hartford and New Haven Railroad Company, at some point within the town of Hartford, in such route as shall be deemed most expedient, and to transport, take and carry property and persons upon said railroad or way by the power and force of steam, of animals, or of any mechanical or other power, or of any combination of them which said company may choose to apply. And for the purposes of constructing said railroad or way, the said company is hereby anthorized to lay out their road, not exceeding six rods wide, through the whole length. And in the event (at the junction of said Branch road with the said Hartford and New Haven road, or at any other point therein) it shall become necessary, in the opinion of the directors of said Branch Company, for the more effectual operation of their said road, in the loading, discharging and transporting of large quantities of freight, to construct turnouts or a quadruple or quintuple track, then and in that event said company is hereby authorized to lay out their said road at such point, not exceeding ten rods wido; provided such increased width shall not exceed in the whole onefourth of a mile in length ; and for the purposes of cutting and embankments and for obtaining stone and gravel, may take as much more land as may be necessary for the proper construction and security of said road; with permission also to unite and connect with said road of the Hartford and New Haven Railroad Company, or make and enter into any contract with said Hartford and New Haven Railroad Company in relation to the business of said Branch Company, and also make joint stock with, unite and merge the same in or lease their said road to said Hartford and New Haven Company. And said Hartford and New Haven Railroad Company are hereby authorized, by their directors, to subscribe to the stock of raid Branch Company; also, make and enter into and become parties to
any of the contracts aforesaid which said Branch Company are authorized to make as aforesaid. Provided, that all damages that may be occasioned to any person or corporation by the taking of such lands or materials aforesaid for the purposes aforesaid, shall be paid for by said company in manner herein after provided; and provided also, that the use of steam power in said city shall be subject to such regulations in respect thereto, as the court of common council of said city shall prescribe.
Sec. 2. That the capital stock of said company shall be twenty thousand dollars, with the privilege of increasing the same to one hundred thousand dollars, and to be divided into shares of one hundred dollars each, which shares shall be deemed personal property, and be transferred in such manner and at such places as the by-laws of said company shall direct.
Sec. 3. That 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 if more than two hundred shares of stock shall be subscribed, they shall have the power to make the shares so subscribed the capital stock of the company; provided they shall not exceed one thousand shares; and in case the subscription shall exceed ove thousand shares, the same shall be reduced and apportioned in such manner as may be deemed most beneficial to the corporation.
SEC. 4. That the immediate government and direction of the affairs of the company shall be vested in a board of three directors, who shall be chosen by the stockholders of said company in the manner herein after provided, and shall hold their offices until others are duly elected and qnalified to take their places as directors. And the said directors (two of whom,—the president being one,-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 said company; they shall also chrose a clerk, who shall be sworn to a faithful discharge of his duty, and a treasurer, who shall give bonds with surety to said company, in such sum as said directors may require, for the faithful discharge of his trust.
Sec. 5. That the persons authorized by the third section of this act to open the books for subscriptions to the capital stock of said company are hereby authorized, after the books of subscription to the capital stock are closed, 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. And in all meetings of the stockholders of said company, each share shall entitle the holder thereof to one vote; which vote may be given by such 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 in their by-laws may prescribe.
Sec. 6. That 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 di
rectors of said company; and said directors shall have power to fill any. vacancy which may occur by death, resignation or otherwise.
Sec. 7. That the directors shall have full power to make and prescribe such by-laws, rules and regulations as they shall deem needful and proper, touching the disposition and management of the stock, property, estate and effects of said company, (not contrary to this charter or the laws of this state or the United States,) the transfer of sbares, the duties and conduct of their officers and their servants; touching the election and meeting of the directors, and all matters whatsoever which may appertain to the concerns of said company. Said company are also bereby empowered 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 railroad,) 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 the said directors as to the location, line, course, road or way whereon to construct said railroad or way.
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; and if the person or persons to whom damage may so arise and said company cannot agree as to the amount of such damages, it shall be the duty of said company to apply to the supe. rior court for the county of Hartford, and to cause notice to be given to the adverse party of such application, and thereupon said superior court shall appoint three disinterested and judicious freeholders to assess the amount of such damages, and said freeholders, after being sworn, shall give notice to the parties of the time and place of their meeting on the business of their appointment, at which time and place they shall proceed to hear the parties and to inquire into the extent of the damages, and shall assess just damages to the person or persons whose real estate may be taken or injured, which assessment shall be in writing under the hands of said freeholders, and the same shall be returned to the clerk of said superior court, who shall record it; and when so returned and recorded, such assessment shall have the effect of a judgment, and execution may issue at the end of sixty days from the time when such assessment shall be so returned, in favor of the persons respectively to whom damages may be assessed for the amount so to them assessed. Provided, that said railroad shall not be opened across the lands of any person until the damages assessed to such person shall have been paid or secured to be paid to his satisfaction; and that the said damages shall be so paid or deposited with the treasurer of the county within sixty days after the same shall have been finally determined. Provided, that it shall not be necesBary, in order to the location of said road by the directors and the approval thereof by the commissioners, that the width thereof shall be definitely fixed and established by said directors or commissioners previous to said location; but before the damages shall be assessed to any