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landholder by the said appraisers, the width of said road shall be definitely fixed and established by said directors over and across the land so taken upon one or both sides of the line of the road so located. And said company may at any time before the completion of said road alter and change any part of the location thereof, or discontinue such part thereof as in their opinion convenience or necessity may require to be changed or discontinued, subject to the approval of the commissioners on said road and the other requirements of said charter. Provided further, that in case the persons required by this section to be notified shall have no place of residence in this state known to the occupant of the land on which said road passes, or to any of the directors or commissioners of said company, then a notice published for six weeks successively in a newspaper printed in Hartford, stating what proceedings are intended by said company to be instituted, shall be sufficient notice to such non-resident landholder; and when the place of residence of any such landholder is known to the occupant of the land, or any director or commissioner aforesaid, and is out of this state, then a duplicate original notice or a true and attested copy of the original notice, deposited in the post office, post paid, directed to such person, six weeks before the hearing is to be had, shall be sufficient notice according to said charter, or any judge may give an order of notice, as in case of a bill in equity in any of the cases aforesaid.
Sec. 8. That 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 railroad, said land may be taken, notice being given to the husband of such feme-covert and the guardian of such infant or person non compos mentis, and they may respectively, after an appraisal thereof as aforesaid and payment of the same, release all such damages for
any lands or estate taken and appropriated as aforesaid, as they inight do if the same were holden in their own right respectively.
Sec. 9. That said company is hereby anthorized to construct, erect, build, make and use a single, double or treble railroad or way of suitable width and dimensions, to be determined by the directors of said company, on the line or course by them designated, and shall have power to regulate the time and manner in which goods and passengers shall be transported, taken and carried on the same, and shall have power to erect and maintain toll houses and other buildings for the accommodation of their concerns, as they may deem suitable for their interests. Provided, that the commissioners on said railroad, within three days after approving the route thereof within the city of Hartford, shall lodge with the clerk of said city a written description of the route so approved by them within the limit of said city, which shall be and remain the route of said railroad, unless within twenty days after said description is so lodged with such clerk, said city, at a city meeting legally warned for that purpose, shall appeal from the doings of said commissioners to a judge of the superior court, who, upon a hearing of said city and railroad company, shall have power to set aside the aforesaid doings of said commissioners, in case said city is aggrieved thereby. And in case said judge, upon such hearing, shall not set aside said doings of said commissioners, the route so approved by them shall be and remain the route of said railroad; and in case said judge shall set aside said doings of said commissioners, the route of said railroad within said city shall be designated and approved anew, in the
manner prescribed in said charter, with the same right of appeal. Provided further, that after said route of said railroad shall have been finally established as aforesaid, said corporation shall construct that part of said road where the same shall cross or intersect any of the public streets within the limits of the city of Hartford, in such manner and subject to such regulations as the court of common council of said city shall prescribe.
Sec. 10. That whenever it shall be necessary for the construction of their single, double or treble railroad or way to intersect or cross any stream of water or water-course, or any road, street or highway, it shall be lawful for said company to construct said railroad across or upon the same; but the said company shall restore the said streamt or water-course, road, street, or highway thus intersected to its former state or in sufficient manner not to impair its usefulness. And in all cases where any road, street or public highway is so located that said railroad cannot be judiciously laid out and constructed across or upon the same without interfering therewith, in such case or cases said corporation may, by their engineer, cause such road or roads to be changed or altered in such manner that said railroad may be made on the best site of ground for that purpose : provided said corporation shall put said road in as good repair as at the time of changing or altering the same. And said corporation may, at their discretion, apply to any judge of the superior court who may by law judge between the parties, who, after notice given, may appoint three disinterested persons to determine whether said corporation have complied with the provisions aforesaid ; and if approved by them their decision shall be final.
Sec. 11. That it shall be lawful for the company hereby incorporated, from time to time to fix, regulate and receive the tolls and charges by them to be received for transportation of persons or property on their single, double or treble railroad or way aforesaid, hereby authorized to be constructed, erected, built or used, or upon any part thereof. Provided, however, in the event a grant of five thousand dollars heretofore made by the said city of Hartford to the said Hartford and New Haven Railroad Company, to take effect upon certain conditions attached to the same, shall with the consent of said Hartford and New Haven Railroad Company, be by the court of common council of said city confirmed and made available to said Branch Company, said Branch Company in consideration thereof shall thereafter transport on their said branch road, free of expense, such property belonging to said city as the court of common council shall require to be transported over the same.
Sec. 12. That if any person shall willfully do or cause to be done any act or acts whatever, whereby any building, construction or works of said company, or any engine, machine or structure, or any matter or thing appertaining to the same shall be stopped, obstructed, impaired, weakened or destroyed, the person or persons so offending shall be deemed guilty of a misdemeaner, and shall forfeit and pay to said corporation double the amount of damages sustained by means of such offense or injury, to be recovered in the name of said corporation, with costs of suit, by action of debt.
Sec. 13. That the directors of said company may require the payment of the sum or sums subscribed to the capital stock of said company at such times and places and in such proportions and upon such conditions as they may see fit; and in case any stockholder shall refuse or neglect to
make payment pursuant to the requisition of the board of directors, the stock of such stockholder, or so much thereof as may be necesary, shall be sold by the directors of said company at public auction after the lapse of thirty days from the time when the payment became due; and the surplus money, the avails of such sale, after deducting the payments due and interest thereon and the necessary expenses of sale, shall be paid over to such negligent stockholder.
Sec. 14. That said company may and they are hereby authorized, with the consent and under the direction of said court of common council, to construct branches to be used and connected with their said road, along, in, over and upon any, all or any part of the following streets, viz: Commerce, Front, Morgan, Market, State, Talcott, Ferry and Kilbourn streets.
Sec. 15. That the capital stock of said company shall be assessed at its just value in money and taxed at the same rate as personal estate.
Sec. 16. That the provisions of this act, so far as they relate in any way to the Hartford and New Haven Railroad Company, shall in nowise take effect or become operative until the same shall have been assented to and approved by the stockholders of said Hartford and New Haven Company, at a meeting thereof called and warned for that purpose.
Sec. 17. That this act may be altered, amended or repealed at the pleasure of the general assembly.
INCORPORATING THE DANBURY AND NEW YORK RAILROAD COMPANY.
Resolved by this Assembly, SEC. 1. That Samuel Tweedy, Aaron Seeley, Frederick S. Wildman, Russell Hoyt, Eli T. Hoyt, Edgar S. Tweedy, Nathaniel H. Wildman, Aaron Turner, William Montgomery, Barnabas Allen, with such other persons as shall associate with ihem for that purpose, are constituted a body politic and corporate, by the name of Danbury and New York Railroad 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, in the town of Danbury, thence in a westerly or southwesterly direction to the line of the state of New York, within said town of Danbury or the town of Ridgefield, 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 purpose of constructing said railroad or way, the said company is
hereby authorized to lay out their road, not exceeding six rods wide through the whole length, and for the purposes of cutting and einbankments, and for the purpose of necessary turn outs, 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 make any lawful contract with any other railroad corporation in relation to the business of said company, and also to make joint stocks with any other railroad corporation: provided, that all damages that may be occasioned to any person or corporation by the taking of any such land or materials aforesaid, for the purpose aforesaid, shall be paid for by said company in manner herein after provided.
Sec. 2. That the capital stock of said company shall be two hundred and fifty thousand dollars, with the privilege of increasing the same to five 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 snch 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 thousand five 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 five thousand shares; and if they shall exceed five 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 nine 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 qualified to take their places as directors; and the said directors (four of whom, the president being one, or a majority 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 be also president of said 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 said company, in such sum as the said directors may reqnire, 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 said 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 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 in their by-laws may prescribe.
SEO. 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 directors 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 of the United States; the transfer of shares, the duties and conduct of their officers and their servants; touching the election of, and meeting of the directors; and all matters whatsoever which may appertain to the concerns of said company: Said company is also hereby empowered to purchase and hold materials, engines, cars and other necessary things, in the name of said corporation, for the use of said railroad, and for the transportation of persons, goods and inerchandise ; and 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 routes or places, for the purpose of surveying the same, as may be designated by the directors, and when so surveyed the same shall be approved by three commissioners, to be appointed by the general assembly for that purpose, who shall have no interest in said railroad, and who shall, prior to such approval, give such notice, as they shall deem reasonable, to the persons whose lands may have been taken, to enable them to present such objections as they may think proper to make to such location of said road. Ånd 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, the county commissioners of Fairfield county shall assess the amount of such damages, who shall give notice to the parties, of the time and place of their meeting on the business aforesaid, at which time and place they shall proceed to hear the parties and to enquire 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 commissioners, and shall be returned to the clerk of the county 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 worked upon or 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 said Fairfield county, within sixty days after the same shall have been finally determined. Provided, that it shall not be necessary, in order to the location of said road by the directors, and the ap