« SebelumnyaLanjutkan »
CONCERNING THE HARTFORD AND SPRINGFIELD RAILROAD CORPORATION,
INCORPORATED BY MASSACHUSETTS AND CONNECTICUT.
Resolved by this Assembly, Sec. 1. That the persons who shall become stockholders in the “ Hartford and Springfield Railroad Corporation,” incorporated by the legislature of the state of Massachusetts, in the year one thousand eight hundred_thirty-nine, shall be stockholders of the “Hartford and Springfield Railroad Company,” incorporated by the legislature of this state, in the year 1835, together with such persons as shall become stockholders of the said last mentioned corporation; and when the stockholders shall, hy vote, have assented thereto, the said corporations shall become united into one corporation by the name of the Hartford and Springfield Railroad Corporation, with a capital not exceeding the amount of the joint capital of both corporations; and all the tolls, franchises, rights, powers, privileges and property granted or to be granted, acquired or to be acquired, under the authority of the state of Massachusetts or of this state, shall be held and enjoyed by all the stockholders in proportion to the number of shares in either or both of said corporations.
SEC. 2. After the said union shall be perfected, the said stockholders shall hold their meetings, make their by-laws, appoint their officers and transact all their business as one corporation. Provided, that one or more of the officers of said corporation shall be resident in this state, and one or more of them in the state of Massachusetts, on whom process against said corporation may be legally served in either state, and said corporation shall be held to answer within the jurisdiction where such service shall be made, and the process is returnable.
Sec. 3. The share or shares of any stockholder in said corporation, shall be liable to attachment and to be taken on execution in the state where such stockholder shall reside at the time of the service of such process. Provided the laws of such state authorize the attachment and taking on execution of such property, and an attested copy of such writ or execution, and of the return of the officer thereon, shall, at the time of such service be left with the clerk or a director of said corporation, or at his usual place of abode by the officer making the service.
SEO. 4. The said corporation shall so make out and keep an account of the expenditures on said road, from its commencement to its completion, as clearly to exhibit what portion thereof belongs to that part of said road, situated in Massachusetts, and what portion to that part in Connecticut. And two commissioners shall be appointed, one by the governor of each state, to hold their offices for the term of four years, and to be reasonably compensated for their services by said corporation, who shall ascertain what proportion of expenditures on said road, and of the other expenses attending its construction, maintenance and use, also what proportion of the receipts and profits of said railroad, shall properly appertain and belong to the portions of said road in each state respectively. And any annual report required to be made by the directors to the legislature of this state, shall be approved by the said commissioners.
Sec. 5. The said corporation, so far as their road is situated in Connecticut, shall be subject to the general laws of this state, to the same extent as if their road were wholly therein.
SEC. 6. The several sections and provisions of this resolution shall not take effect until the same shall have been accepted by the stockholders of each of said corporations, at meetings duly called for the purpose, nor until said stockholders last mentioned, also, in legal meetings duly warned for that purpose, shall have accepted similar provisions, contained in the said act of the state of Massachusetts, nor until the same shall bave been accepted by the stockholders of said united corporation, at a meeting called for the purpose, at which meeting they may ratify and confirm all, or any of their former doings, when separately convened, and adopt them as the acts and doings of said united corporation.
AMENDING THE CHARTER OF THE HARTFORD AND SPRINGFIELD RAILROAD
Resolved by this Assembly, That so much of the fifteenth section of the act incorporating the Hartford and Springfield Railroad Company as provides that said corporation shall not be allowed to construct said railroad, or any part thereof, within the limits of the city of Hartford, except under the direction of the court of common council of said city, be and the same is hereby repealed.
Resolved further, That the commissioners on said railroad, within three days after approving the route thereof within said city of Hartford, shall lodge with the clerk of said city a written description of the route so approved by them within the limits of said city, which shall be and remain the route of said railroad, unless within two weeks after said description is so lodged with said clerk, the city of Hartford, at a city meeting legally warned for that purpose, shall appeal from the doings of said commissioners to a judge of the superior court in vacation, 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. 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 as is provided in their resolutions.
EXTENSION OF TIME GIVEN TO THE HARTFORD AND SPRINGFIELD RAILROAD.
Resolved by the Senate and House of Representatives, in General Assembly convened, That the Hartford and Springfield Railroad Company shall be allowed the further time of five years from and after the rising of this assembly, within which to commence their said road, and expend thereon the sum of seventy thousand dollars, and the further time of six years, within which to complete their said road, and put the same in operation, according to their charter.
EXTENSION OF TIME IN FAVOR OF THE HARTFORD AND SPRINGFIELD
Resolved by the Senate and House of Representatives, in General Assembly convened, That the Hartford and Springfield Railroad Company shall be and they are hereby allowed the further time of five years from and after the rising of this assembly, within which to commence their said road, and expend thereon the snm of seventy thousand dollars, and the further time of six years, within which to complete their said road, and put the same in operation, according to their charter.
ALTERING THE CHARTER OF THE HARTFORD AND SPRINGFIELD RAILROAD
Resolved by this Assembly, That whenever the subscriptions to the capital stock of the Hartford and Springfield Railroad Company shall amount to the sum of three hundred thousand dollars, said company may be organized and may commence the construction of their railroad; anything in the charter of said company to the contrary notwithstanding.
Resolved, That whenever any vacancy shall occur in the board of directors of said company, by death or otherwise, the remaining directors shall have power to fill such vacancy until the next meeting of the stockholders.
Provided, the said amount of capital stock shall be subscribed, and said company shall be organized on or before the first day of January, 1843, and that said company sball expend in the construction of said road the sum of $30,000, on or before the next session of the general assembly.
Resolved further, That the directors of said company, after one
month's delay by any stockholder to pay any installment required to be paid by the call of the directors, be and they hereby are authorized to make sale of said delinquent stockholder's stock, according to the provisions of the charter of said company.
Resolved further, That in case the persons required by the 7th section of said charter to be notified, shall have no place of residence in this state, known to the occupant of the lands over which said road passes, or to any one of the directors or commissioners of said company, then a notice published for six weeks successively, in two newspapers printed in Hartford, stating what proceedings are intended by said company to be instituted, shall be sufficient notice to such non-resident landholders; and when the place of residence of any such landholder is known to the occupant of said lands, or to either of the directors or commissioners aforesaid, and is out of this state, then a duplicate original notice, or true and attested copy thereof, 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 said charter.
Resolved further, That it shall not be necessary, in order to the location of said road by said directors, and the approval thereof by said commissioners, that the width thereof in such parts as may be less than six rods wide, shall be definitely 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 road shall be definitely fixed and established by said directors over and across the land so taken, and upon the line of the road so located.
Resolved funther, That 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 of said road, and the other requirements of said charter.
Resolved further, That said company be and they hereby are authorized to agree upon the damages to be paid to the respective landholders, whose lands shall be taken and appraised for the making and perpetually maintaining all such fences as may be needful and lawful on each side of said roads, across and over the lands so taken and appraised with the proprietors thereof; and thereupon said company shall be forever discharged from all liability to make and maintain such fences.
Provided, that these resolutions be subject at all times to be altered, amended or rescinded by the general assembly.
ALTERING CHARTER OF HOUSATONIC RAILROAD COMPANY.
Upon the petition of the Honsatonic Railroad Company, praying for cer
tain alterations in the charter of said company:
Resolved by this Assembly, That the board of directors of said company be and they are hereby authorized and empowered to fill all vacancies which may at any time occur in said board, by death, resignation or otherwise, by the appointment to the office of director, of some person or persons from among the stockholders, who shall hold the said office till the next annual meeting of the stockholders.
Resolved further, That the said Housatonic Railroad Company be and they are hereby fully authorized to construct branches of said railroad, diverging from the main track of said road, and extending therefrom a distance not exceeding in any case ten miles, and that for the purpose of constructing such branch, the said company, their directors, officers and agents, are hereby authorized to exercise all the powers, privileges, rights and immunities, and are subjected to all the obligations and liabilities that are prescribed and set forth in their said charter, in regard to the construction of the main track of said road, and all the provisions of said charter in regard to the construction of said road, or the use and management thereof when completed, are hereby extended and made applicable to the construction of said branches, and the use and management thereof, when completed.
Resolved further, That the said Housatonic Railroad Company be and they are hereby authorized and empowered by themselves, their officers or agents, to purchase, improve and sell or lease water power or water privileges upon the Housatonic river, in either of the counties of Litchfield or Fairfield, and within three miles of said railroad; and to purchase, hold, occupy and sell or lease any amount of real estate contiguous to any such water power or water privilege, which may be necessary for the convenient and profitable use and improvement of the water power so by them purchased : provided, that said real estate so by them owned, shall not at any one time exceed the number of one thousand acres.
Resolved further, That the resolutions aforesaid shall not take effect, until the same shall have been approved by a meeting of the stockholders of said Housatonic Railroad Company, to be legally warned and held for that
CONFIRMING ALL THE PROCEEDINGS OF THE CITY OF BRIDGEPORT WITH
REFERENCE TO THE HOUSATONIC RAILROAD, AS SPECIFIED HEREIN.
Resolved by this Assembly, 1. That all the proceedings of the city of Bridgeport, with reference to the Housatonic Railroad, as specified in this