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 in the city of New Haven to some suitable point in the town of Danbury, thence westerly, in the most suitable, convenient and proper route therefor, in the direction of and towards Fishkill and Newburgh, in the state of New York, unto the westerly boundary line of this state, and to transport, take and carry property and persons upon said railroad or way, by steam or animals or any mechanical or other power, or 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 purpose of cuttings and embankments and necessary turnouts, and for obtaining stone and gravel, may take as much more land as may be necessary for the construction and security of said road, with permission also to make contracts with any other railroad company in relation to the business of said company, and particularly with any railroad company that is or may be chartered to connect this road with the New York and Erie Railroad Company, so called, in the state of New York, and also to make joint stocks with any railroad, freight or transportation company; 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 purposes aforesaid, shall be paid for by said company, in such manner and at such times and places as is herein after named and provided.

SEC. 2. That the capital stock of said company shall be eight hundred thousand dollars, with the privilege of increasing the same to sixteen hundred thousand dollars, to be divided into shares of one hundred dollars each, which shares shall be personal property, and be transferable in such manner, times and 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 eight thousand 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 sixteen thousand shares, and in case the subscription shall exceed sixteen thousand shares, the same shall be reduced and apportioned in such manner as may be deemed most beneficial to the corporation.

SEC. 4. 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) 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 choose a clerk, who shall be sworn to a faithful discharge of his duties, and a treasurer, who shall give bonds with surety to said company, in such sum as the said directors may require, for the faithful discharge of his trust.

SEO. 5. That the persons authorized by the third section of this act to open the books for subscription to the capital stock, are hereby authorized, after the books of subscriptions 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. 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 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, 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,) 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 road 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 damage, 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 damage; and said freeholders 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,

after being sworn, 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 assessinent 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 so assessed shall be paid or secured to his satisfaction, or deposited to his or her account, with the treasurer of the county in which such land is situated. 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 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 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 and other requirements of this 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 over which said road passes, or to any of the directors or commissioners of said company, then a notice published 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 occupant of the land, or any director or commissioner as aforesaid, and is out of this state, then a trne and attested copy of the original notice, deposited in the 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; 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 whenever the lands or other property or estate of any feme-covert, infant or person non compos mentis, shall be necessary for said railroad, said lands or property 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 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. 9. That said company is authorized to construct, erect and maintain a single, double or treble 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 power to erect and maintain tollhouses and other buildings for the accommodation of their concerns, as they may deem suitable for their interests.

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 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, as near as may be, so as not to unnecessarily impair its usefulness; and in all cases when any road or public highway is so located, that said railroad cannot be judiciously laid out and constructed across or upon the same, without interfering therewith, 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 for that purpose; provided said corporation shall put such road in as good repair as at the time of altering or changing the same. And said company shall pay for all damages that may accrue to any party or person whatsoever by reason of the provisions of this section, in manner as provided in the seventh section of this act.

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, hereby authorized to be constructed, erected, built or used, or upon any part thereof.

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, carriage, car or machine or structure, or any matter or thing appertaining to the same, or to said road or company, 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 thereby, to be recovered in the name of said corporation, with costs of suit, by action of debt or trespass.

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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, such times and in such proportions, and upon such conditions as they may deem 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 necessary, may be sold by the directors of said corporation, at public auction, after the lapse of thirty days after the same became due; and the surplus money, the avails of such sale, after deducting payments thereon, and all proper cost and expense, shall be paid over to such negligent stockholder.

SEC. 14. That the legislature may authorize any company to enter with another railroad, at any point of said road, paying for the right of using the same, or any part thereof, such rate of toll as the directors of this corporation may prescribe, and complying with such rules and regulations as may be established by said corporation. Provided, however, that in case this company shall not agree in regard to the tolls referred to in this section, with such other railroad as the legislature may authorize to intersect it, then the legislature shall prescribe the tolls to be paid.

SEC. 15. That should it become necessary to cross the Housatonic river, at or within the limits of the towns of Derby, Huntington or Monroe, said company is hereby authorized and empowered to make said crossing or viaduct for the sole and exclusive accommodation of the travel on said railroad, and it shall not be lawful for said company to permit the passing of the said crossing or viaduct by carriages of any description other than those which are adapted to the traveling on said railroad, nor by persons, horses or any other travel whatever, except for such persons, teams and carriages as are in the immediate service of said company.

SEC. 16. That if said company shall not expend the sum of two hundred thousand dollars upon said railroad or way within five years from the rising of this assembly, or if they shall not construct, complete and put in operation a single, double or treble railroad or way, as herein before authorized and empowered to do, within ten years from the rising of this assembly, then this act of incorporation shall be void.

SEC. 17. That said road, when all or any portion thereof shall be completed and in operation, shall be assessed at its just value in money, and taxed at the same rate as personal estate.

SEC. 18. That this act may be altered, amended or repealed at the pleasure of the general assembly.

NEW HAVEN, DANBURY AND ERIE RAILROAD COMPANY.

PASSED 1850.

Resolved by this Assembly, That the New Haven, Danbury and Erie Railroad Company be and they hereby are authorized to organize said company, and to commence operations under their charter, whenever and so soon as three hundred thousand dollars shall have been subscribed to their capital stock, and secured to be paid to the satisfaction of the commissioners on said road.

EXTENDING THE TIME FOR THE COMPLETION OF THE NEW HAVEN, DANBURY AND ERIE RAILROAD.

PASSED 1852.

Resolved, That so much of the charter of the New Haven, Danbury and Erie Railroad Company, embraced in the sixteenth section thereof, which limits the time for expending the sum of "two hundred thousand dollars upon said railroad within five years," be and the same is hereby amended so as to extend the time to four years from the rising of this assembly.