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on their shares shall have received from the income of said company a reimbursement thereof, with six per cent. interest on the same.
Sec. 11. It is however provided, nevertheless, that in case it shall appear that any stockholder or stockholders of said company shall so neglect or refuse to pay such installment so first required by the directors, within sixty days after the same shall be made payable as aforesaid, it shall thereupon be the duty of the commissioners on said road, having given reasonable notice to the parties of the time and place of their meeting for that purpose, to estimate and appraise the entire capital stock and franchise of the New Haven and Northampton Company, having, reference as well to its intrinsic value for the purposes to which it has beretofore been applied as to its value for the purposes to which it is hereby authorized to be used and applied, in connection therewith, over and above the indebtedness of said company, and to ascertain the fair and just value of the shares therein of the stockholder or stockholders so neglecting or refusing; and every such stockholder shall thereupon be at liberty at any time within sixty days after such appraisal shall be made and returned to the secretary's office, and notice thereof given by said company to him or her, to demand of said company the payment in money of the value of his said shares so ascertained, and the same on such payment being made, shall thereupon be transferred to and shall forever belong to said corporation and its assigns.
Sec. 12. That if said company shall not expend the sum of one hundred thousand dollars upon said railroad or way within eighteen months after the rising of this assembly, or if they shall not construct and complete and put in operation a single or double railroad or way, as herein before authorized, within three years after the passage of this act, then the rights, privileges and powers of said corporation, conferred by this act, shall be null and void.
SEC. 13. That the capital stock hereby created, (of said company,) shall be assessed at its just value in money and taxed at the same rate as personal estate.
Resolved, further, Sec. 14. That these resolutions shall not take effect till at a legal meeting called for that purpose by order of the directors, the stockholders of said company shall have assented thereto.
Resolved, further, Sec. 15. That this act may be altered, amended or repealed at the pleasure of the general assembly. It beiny further understood, that said railroad may at any time be intersected or joined by other railroads under such regulations as the general assembly may from time to time prescribe.
INCORPORATING THE FARMINGTON VALLEY RAILROAD COMPANY.
Resolved by this Assembly, Sec. 1. That John O. Pettibone, William Mather, Watson Wilcox, Richard Bacon, Adna Whiting, Thomas Cowles, Egbert Cowles, Elisha N. Welch, Joel C. Holcomb, Thomas G. Holcomb, Arad W. Welton, Alfred L. Strong, Noah L. Strong, Ira Yeomans, Jr., Edmund Holcomb, Jairus Case and Chauncey Owen, with such persons as shall associate with them for that purpose, be and they hereby are constituted a body politic and corporate, by the name of the Farmington Valley Railroad Company, and by that name to sue and be sned, plead and be impleaded in any court in this state, to make and to have a common seal, and the same to break, alter and renew at pleasure. And the 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 at or near the northern terminus of the New Haven and Northampton railroad, in the town of Granby, as the same is now completed, thence upon or near the line fixed by the report of the commissioners of the New Haven and Northampton Company, approved May session, 1851, in a northeasterly direction by the most feasible route, to the north line of this state in the town of Suffield, the same being the boundary line between the states of Massachusetts and Connecticut, at or near Rising's notch, so called, at a proper point to connect with a railroad which may be chartered to run to Springfield, in the state of Massachusetts; and to take, carry and transport 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 any combination of them, which said company may choose to apply. And the said company is hereby vested with all the powers, privileges and immunities conferred and granted by an act of the legislature of this state, passed at the May session, A. D. 1849, entitled “ An act relating to Railroad Companies, and the several acts in addition thereto, and is made subject to all the duties, conditions, restrictions and requirements imposed by said several acts. And the said company may at any time before the completion of said road, alter and change any part of the location, or discontinue such part thereof as, in their opinion, convenience and necessity may require to be changed or discontinued, subject to the approval of the commissioners on said road, the other requirements of this charter and the provisions of the act of 1849, relating to railroad companies.
Sec. 2. That the said company are also hereby authorized, and it is expressly made their duty, to construct and complete a single, double or treble railroad or way, from some suitable point at or near the northern terminus of the New Haven and Northampton railroad in the town of Granby, as the same is now completed, in the general direction or on or near the track or line of said road, as the same is at present graded, to a point near the highway on which the house of James Veits stands, thence in a northerly direction in a most convenient and feasible route to the state line, there to unite with the Hampden railroad, hereafter to be constructed, at the southern terminus of said Hampden railroad, as the same shall hereafter be located at any point east of à point one hundred rods west of the line where the old canal crosses the state line. And all provisions mentioned in the first section, and all the sections following the third section of this resolve, in relation to the railroad therein specified, shall in like manner apply to the road mentioned in this section.
SEO. 3. That the said Farmington Valley Railroad Company are hereby bound and obliged to construct and fully complete said road, mentioned in section 2, in the manner mentioned therein, as soon as said Hampden railroad shall be completed, to the intent that a communication shall be speedily opened from the town of Westfield to the town of New Haven. And it is further provided, that if it shall be decided by the commissioners on said Farmington Valley railroad, after due notice and hearing, that the persons incorporated in this resolve, neglect or refuse to take the necessary steps to construct and fully complete said road mentioned in section 2, within twelve months from the rising of this general assembly, or as soon as said Hampden railroad shall be completed, then any three or more of said persons named herein as corporators, are authorized to open books of subscription to the stock of said road, mentioned in the said second section, and to organize a corporation for the construction of the same; and said corporation so organized shall have, use and enjoy all the powers, privileges and immunities, and be subject to all the liabilities in relation to the road mentioned in the second section of this resolve, which are granted in relation to the road mentioned in the first section, and shall be known as the Hampden Junction Railroad Company. And it is further provided, that said Hampden Junction Railroad Company, in case the same shall be organized, shall not be limited or confined to the route as laid down in the second section of this resolve, but shall also have the power to construct their road from any point on the line of the New Haven and Northampton railroad in the town of Granby, thence running northerly in the most feasible and direct route on either side of Manatic mountain, so called, to the north line of the state, to intersect with the Hampden railroad, wherever the same may be located.
Seo. 4. That the capital stock of said Farmington Valley Railroad Company shall be one hundred and twenty thousand dollars, with the privilege of increasing the same to two hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each ; and in the event that the Hampden Junction Railroad Company shall be formed under the provisions of the third section of this resolve, then the capital stock of said Hampden Junction Railroad Company shall be seventy-five thousand dollars, with the privilege of increasing the same to one hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each.
Sec. 5. 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 time and place as they or a majority of them may appoint, and shall give such notice of times and places of opening said books as they may deem reasonable, and shall receive said subscriptions under such regnlations as they may adopt for the purpose; and in case the subscription shall exceed one thonsand two hundred shares, the same shall be reduced and apportioned in such manner as may be deemed most beneficial to the corporation.
SEC. 6. That the persons named in the first section hereof, or a majority of them, are hereby authorized, after the books of subscription to the capital stock of said company 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.
SEC. 7. 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, such company
shall not for that cause be deemed to be dissolved, but such election may be held on any day which shall be appointed by the directors of said company,
Sec. 8. That when the lands, or other property or estate of any femecovert, infant or non compos mentis, shall be necessary for the construction of said railroad, said lands, property or estate, may be taken, notice being given to the husband of such feme-covert, and the guardian of such infant or non compos mentis, and they may respectively release all damages for any land, property or estate, taken and appropriated as aforesaid, as they might do if the same was holden in their own right respectively.
Sec. 9. That said railroad company may, in the construction of their said road, if necessary, cross, intersect or connect with any other railroad, and may construct their said road across or upon the same, provided, however, that in so constructing their said road across or upon any other railroad, or in connecting therewith, they shall not change or in anywise alter either the grade or the line of the same; nor in any way enter upon, use or cross such railroad, without first paying to said railroad company such portion of the expense of constructing so much of said road, as shall be required by said Farmington Valley Railroad Company, and also such damage as said railroad company may sustain, by reason of such construction or connection as aforesaid, to be ascertained in all respects in the same manner as is proposed by the tenth section of said act, passed at the May session, A. D. 1849, entitled “ An act relating to Railroad Companies.” And said Farmington Valley Railroad Company may merge the same, or make joint stock with any other company or companies with which it may connect, upon the consent of three-fourths of the stockholders of the said Farmington Valley Railroad Company, and said other company or companies, present at meetings of their respective companies legally warned and called for that purpose.
Sec. 10. That said company are hereby authorized to enter upon and use the railroad and appurtenances of any other railroad company or companies with which their railroad may connect or intersect, at and to any point thereof, for the purpose of conveying passengers and freight thereon, and for all purposes incidental thereto, they paying therefor a reasonable compensation; provided, however, that they shall enter upon and nse such railroad or railroads, by such proper turnouts and switches as will not unreasonably incommode the travel thereon, and provided further, that unless the rate of compensation aforesaid shall be agreed
upon by the companies interested, then the same shall be determined by appraisers, appointed in the manner prorided in section 10 of the act relating to railroads, passed May session, 1849.
Sec. 31. That if said company shall not expend the sum of twenty thousand dollars within three years from the rising of this assembly, or if they shall not construct and complete, and put in operation a single, double or treble railroad or way, as herein before authorized, within four years after the passage of this act, then the rights, privileges and powers of said corporation shall be null and void.
Sec. 12. That the legislature may authorize any other company to intersect with said railroad, at any point of the Farmington Valley railroad, they paying for the right of using the same, or any part thereof, such a rate of toll as the legislature may from time to time prescribe, and complying with such rules and regulations as may be established by said Farmington Valley Railroad Company.
Sec. 13. That this act may be altered, amended or repealed at the pleasure of the general assembly.
EXTENDING TIME FOR CONSTRUCTION OF FARMINGTON VALLEY RAILROAD.
Resolved by this Assembly, That the time for the construction of the Farmington Valley railroad be and the same is hereby extended two years from the time now limited by law.
INCORPORATING THE GRANBY RAILROAD COMPANY.
Resolved by this Assembly, Sec. 1. That Milton Hayes, Byron Godard, Ardon B. Holcomb, Lewis Holcomb, Watson Dewey, Jairus Case, Edmund Holcomb, Hiram Wilcox and George H. Dibble, with snch other persons as shall associate with them for that purpose, be and they hereby are constituted a body politic and corporate by the name of the Granby Railroad Company, and by that name to sue and be sued, plead and be impleaded in any court, to make and have a common seal, and the same to break, alter or renew at pleasure. And said company is hereby authorized and empowered to locate, construct and finally complete a single, double or treble railroad or way, from some convenient point in the town of Granby, near the village of Tariffville, in the town of Simsbury, Hartford county, thence by the most direct and feasible route northwesterly