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Oliver Sheppard, shall be appointed to open the books to receive the subscriptions to the capital stock, in lieu of the commissioners appointed by said charter by said general assembly, at said session in the year 1835, with the same powers and subject to the same restrictions and regulations as were granted and imposed by and in said original charter, and the times limited and set down in the 14th section of said charter or act of incorporation for the laying out or expending of moneys upon said railroad or way, and for the completion of the same, be and the same are hereby extended, and shall be deemed to commence at the rising of this general assembly. And if said company shall not expend the sum of fifty thousand dollars upon said railroad or way, as is prescribed in said 14th section, within two years from the rising of this assembly, or if they shall not complete and put in operation a single, double or treble railroad or way, as is authorized by said act of incorporation, within four years after the rising of this general assembly, then the rights, privileges and power of said corporation shall be null and void. Provided, that this resolution may be altered, amended or repealed at the pleasure of the general assembly.
RENEWING THE CHARTER OF THE FAIRFIELD COUNTY RAILROAD COMPANY
AND CHANGING THE NAME TO DANBURY AND NORWALK RAILROAD COMPANY.
Upon the petition of Russel Hoyt and others, praying for a renewal and
alteration of the charter of the Fairfield County Railroad : be it
Resolved, That the charter of the Fairfield County Railroad Company, granted by the general assembly in 1835, and renewed by the general assembly in 1846, be and the same is hereby revived and renewed, and the time limited in the 14th section of the original charter for the completion of the road, be and the same is hereby extended for three years from the rising of this general assembly.
Resolved, That the name of the corporation be and the same is hereby altered to the name of Danbury and Norwalk Railroad Company.
Resolved, That the capital stock of said company be increased to four hundred thousand dollars, and that the number of shares be eight thousand.
Resolved, That after the commissioners have closed the books for subscription to the capital stock, and the company has been organized, that the president and directors have the power to receive further subscription to the capital scock of said company, until the whole four hundred thousand dollars shall have been subscribed.
Resolved, That the said charter be hereby further amended in all respects in such a manner as to conform to the general railroad law of this state, passed at the May session, 1849.
INCORPORATING THE FARMINGTON CANAL RAILROAD.
Resolved by this Assembly, SEO. 1. That the New Haven and Northampton Company be and the said company is hereby authorized and empowered to make, construct and finally complete a railroad or way with single or double track, from some convenient point on or near the canal basin in the city of New Haven, through said city of New Haven, throngh Union street in said city, northerly to Court street, in said city, and thence northerly along or near the northeasterly margin of the canal through said city, and thence northerly along or near the line of the Farmington canal, to some convenient point in the town of Farmington, with liberty to extend the same on or near the line of said canal to the north line of this state, and to construct a branch from some convenient point thereon to some convenient point in the town of Canton, and to transport, take and carry property and persons upon said railroad or way, by the power and force of steam, of animals, or any mechanical or other power, or of any combination of them of which said company may choose to apply. And for the purpose 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 for the purposes of cuttings and embankments, and for the purpose of necessary turnouts, 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. 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. Said company is hereby authorized and empowered to add to the capital stock thereof by increasing the nominal or par value of the present shares, from twenty-five to one hundred dollars each share. 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 set forth. Provided, that said capital stock shall be increased two hundred thousand dollars, before said company shall commence operations under this act, by subscriptions to the acceptance of the commissioners on said road.
SEC. 3. That the directors shall have full power to make and prescribe such further 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 their 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, receive and hold such real estate as may be necessary and convenient in accomplishing the object for which this grant is made; 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 superior court of the county in which the real estate damaged may be situated, 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 assessinent 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 worked upon or opened across the lands of any person until the damage assessed to such persons 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 necessary, in order to the location of said road by the directors and the approval thereof by the commissioners, that the width thereof shall be detinitely established by said directors or commissioners previous to said location; but before the damages shall be assessed to any landholder by the said appraisers, the width of said railroad 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 this act. 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 over which said road passes, or to any of the directors or cominissioners of said company, then a notice published for six weeks successively in two newspapers printed in New Haven, 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 occu
pant 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 a post office, post-paid, directed to such person, eight weeks before the hearing is to be had, shall be sufficient notice according to this act; or any judge may give an order of notice, as in case of a bill in equity, in any of the cases aforesaid.
Sec. 4. That where 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 lands 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 the appraisal thereof and payment of the same, release all such 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. 5. That said company is hereby authorized to construct, erect, build, make and use a single or double railway or road 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 full 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 said company shall construct and use that part of said road within the limits of the city of New Haven, in such manner and subject to such rules and regulations as the common council of said city shall prescribe.
SEC.: 6. That whenever it shall be necessary for the construction of their single or double railroad or way 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 said railroad across or upon the same; but the said company shall restore the said stream or water-course, or road or highway thus intersected, to its former state or in sufficient manner not to impair its usefulness. And in all cases where any road or pnblic 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 engineers, 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 such road in as good repair as at the time of chang. ing or altering the same; and further provided, that said railway shall be so located that in the construction, completion, use and occupation thereof it shall not in any way interfere with the turnpike road of the Cheshire Turnpike Company, so as to obstruct, impede or endanger the safety of the public in traveling thereon. And said corporation may 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. 7. That it shall be lawful for said company 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 or double railroad or
way aforesaid, hereby authorized to be constructed, erected, built or used, or upon any part thereof.
SEC. 8. 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, injured or destroyed, the person or persons so offending shall be deemed guilty of a misdemeanor, 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. 9. The directors of said company may from time to time call for and require the payment of the increased capital, herein before authorized, by installments, at such times and in such proportions and upon such conditions as they may deem fit. And each stockholder, on the payment by him or her of such installment on his or her share or shares as shall be first required as aforesaid, within sixty days after the same shall have been made payable by the directors, shall thereupon become entitled to receive a certificate signed by the treasurer of said company, that such stockholder has standing in his or her name on the books of said company, the number of shares on which said installment has been paid, as aforesaid, of the par value of one hundred dollars, which shares shall be transferable by the holder thereof, and shall be subject to the payment of all future installments which shall be required thereon, pursuant to the authority conferred as aforesaid. And in case any such stockholder shall refuse or neglect to make payment of any future installment, pursuant to the requisition of the board of directors, the stock of such stockholder, or so much thereof as shall be necessary, may be sold by the directors of said company at public auction, after the lapse of sixty 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. 10. If any of the stockholders of said company shall neglect or refuse to pay such installment on his shares as shall be first required to be paid as aforesaid, within sixty days after the same shall be made payable by the directors, and notice duly given thereof, such stockholder so neglecting or refusing, shall at the expiration of said period of sixty days, cease to have any right thereafter to pay such installment or any future installments which may be required on the stock of said company, and shall not be entitled to any dividend or dividends which shall accrue to the stockholders of said company, by reason of the railroad or way or branch thereof, herein authorized to be constructed as aforesaid ; but such stockholder so neglecting or refusing as aforesaid, and his assigns, shall be and remain entitled to receive such proportion of the net income of said company only as shall accrue from the capital and business thereof, as authorized prior to the passage of this act, as the number of shares by him or her held, and on which such installment has been so neglected or refused to be paid, bears to the whole number of the shares of said company, until the stockholders who shall have paid the installments required