owner or owners of the land and buildings upon, over or through which the same is to be laid out or altered, to be present, if they see cause, at the laying out or altering of the same; and such notice shall be in writing, signed by the warden or one of the burgesses of said borough, and shall be given to the person entitled to receive it, by leaving with or at the usual place of abode of said person, a true and attested copy of said notice, at least two days before the day said lay out, alteration or enlargement is to take place, which said notice shall specify the time and place of the meeting of said warden and burgesses, for the purpose aforesaid. And in case the owner of any such land or buildings shall not reside in this state, such notice shall be given to the occupant or person having possession or care of such land or buildings, at least ten days before said lay out, alteration or enlargement is to take place, and if the place of resi dence of such owner be known to said warden or burgesses, or any of them, such notice, in writing, shall also be sent by mail, addressed to such owner or owners, at said place of residence, a reasonable time before said hearing. And said warden and burgesses may, by themselves or by a committee by them appointed, make such lay out or alteration of highway, streets and public walks, and order the damages to be paid out of the treasury of said borough, to all persons who have sustained damage thereby. And unless said warden and burgesses can agree with such person or persons injured by such laying out or alteration, relative to the damages by him or them sustained thereby, such damages shall be estimated by three judicious, disinterested freeholders of the town of Derby, or either of the adjoining towns, who shall be appointed and sworn by the warden, or in his absence by the senior burgess of said borough; and a certificate thereof shall be made and recorded in the records of said borough; and it shall be the duty of said freeholders to make return of their doings to the clerk of the borough, who shall record the same. And a survey, in writing, under the hands of the said warden and burgesses, containing a particular description of such highway, street, public walk, exchange, alteration, or discontinuance being made, accepted by the freemen of said borough, at a meeting specially warned for that purpose, and recorded in the records of said borough, and satisfaction being made to the person or persons damnified, or in case of their refusal to receive the same, the money deposited in the treasury of the borough, for his, her or their use, ready to be paid to him, her or them, when the same shall be applied for, according to the agreement or estimate made as aforesaid, such highway, street or public walk shall be and remain for the use for which it was laid out. Provided, that no highway, street or walk, so laid out or altered, shall be laid open or occupied, for such street or walk, until the same shall have been accepted as aforesaid, and the damages assessed shall be paid to the person or persons entitled to receive the same, or deposited in the treasury of said borough, subject to his, her or their order. SEC. 5. Whenever any highway, street or public walk shall be laid out or altered, as aforesaid, said warden and burgesses shall have power, and it shall be their duty, to ascertain what person or persons, if any, owning or interested in lands or buildings in said borough, will be specially benefited by such laying out or alteration, and to apportion among, and to assess to be paid by such person or persons, respectively, the whole or such part as they shall judge reasonable, of the cost and expenses of the

laying out, alteration or construction of such street, highway or public walk. And said warden and burgesses shall thereupon give notice to such person or persons of the sums assessed to be by them respectively paid, and shall order the same to be by them respectively paid to the treasurer of said borough, within sixty days after said order and notice, which shall be in writing. And in case of the failure of the payment of any sum or sums so ordered to be paid, the warden shall be and is hereby empowered to issue a warrant of distress for said sum or sums, against said person or persons so failing to pay as aforesaid, authorizing and directing the collector for said borough to collect of such person or persons the sum or sums ordered to be paid by them respectively; and the collector_shall have the same power as the collectors of state taxes by law have, and may levy and satisfy said warrant anywhere within the limits of this state.

SEC. 6. All persons aggrieved by the laying out of such street or highway, or alteration thereof, or by the estimate or assessment of damage by freeholders, of damage occasioned by any laying out or alteration as aforesaid, and all persons aggrieved by the assessments by them ordered to be respectively paid, according to the foregoing provisions of this resolution, may, within six days after notice of such estimate or assessment, apply, by petition, to any judge of the county court for the county of New Haven, for a re-estimate of such damages or a re-assessment of the sums ordered to be paid by them as aforesaid, giving reasonable notice, in_writing, to the clerk of said borough, of the time and place, when and where, the hearing will be had before the judge to whom such application will be made, which said hearing shall be within six days from the time of giving such notice. Provided, that the judge, for cause shown, may adjourn such hearing from time to time at his discretion. And the judge shall appoint three judicious, disinterested freeholders of said New Haven county, to review the doings of said warden and burgesses, and affirm or set aside such laying out or alteration of highways, streets and public walks, if the application be made for that, or if the grievance be in a matter of damage assessed, or sum or sums ordered to be paid, then said freeholders shall be appointed to re-estimate such damage, or re-assess the sums so ordered to be paid as aforesaid. And said freeholders shall proceed, at some proper time and place, all parties being notified, to examine the doings of said warden and burgesses, and reaffirm or set aside the laying out or alteration of such street or highway, or if the application be for a review of said assessment of damages, or sum or sums ordered to be paid, then said freeholders shall re-estimate said damages, or re-assess the said sums ordered to be paid, as aforesaid, under oath, and make report of their doings to the judge who appointed them, within six days after their hearing and examination shall have closed. And such judge shall have authority for any irregularity to set aside said report, and to order a review of said laying out of road, or another estimate or assessment to be made, or to make such order therein as to justice shall appertain. And said report, as accepted, shall be recorded on the records of said borough, and shall be final in the matter. If on said application said lay of street, or highway, or public walk, shall be set aside, or the damages assessed shall be increased, the costs of said application shall be paid by the borough, but if not set aside, or not increased, the costs shall be paid by the applicant. And if upon an application of any person for a re-assessment

of the sum or sums ordered to be paid by him, if such sum or sums shall be diminished by said freeholders, the costs of such application shall be paid by the borough, otherwise by the applicant. And all such costs shall be taxed by the judge to whom the application shall be made, who shall have power to issue execution for the same.

SEC. 7. The warden and a majority of the burgesses of said borough, are hereby authorized and empowered, from time to time, as they shall judge proper, to designate, alter, fix and establish, the width, course, height, grade and level of the streets, sidewalks and public walks, upon the streets, highways and public walks in said borough; and also to direct in regard to locating and erecting railings on said streets and sidewalks; the setting out of trees for shade, ornament and use on said highways, and the taking away or removing the same, and in regard to the position or location, and the manner of forming sluices and drains across or on the sides of the highways and sidewalks; to alter, fix, grade and improve the public square and grounds of said borough, to set out trees upon the same, and take any and all measures that they shall judge proper for improving the same, and to make or cause to be made all proper orders in relation thereto or to the use thereof; to establish and construct reservoirs of water, and to take all proper and necessary measures for supplying a constant quantity of water within said borough, and for the management and superintendence of the same, and to make all needful rules and regulations thereto; to inclose any public grounds within said borough; to establish the names of streets and number the buildings therein.

SEC. 8. The freemen of said borough shall at all times hereafter, at any legal meeting specially warned for that purpose, have full power and authority to direct the purchasing and procuring of one or more fire engines, hooks and ladders, hose and hose carts, and other implements for the due protection of the property of said borough from fire, and to provide a house or houses for the storing of the same, and to make all needful provisions and regulations for the same; and all that said freemen of said borough, either in public meeting or by their agents have heretofore done or may hereafter "do for said purposes, is hereby ratified and confirmed.

SEC. 9. No person not an inhabitant within the limits of said borough at the time of the incorporation thereof, shall be entitled to vote in any meeting thereof, until he shall have resided therein six months next preceding the time he offers to vote, and have been admitted to the privileges of an elector of this state, except as herein before in this charter provided.

SEC. 10. The warden and burgesses, or a majority of them, when legally convened, shall have power and authority to make and establish all such orders, rules and regulations within and for the limits of said borough as they shall deem necessary and proper, relative to markets and slaughter-houses; relative to nuisances; relative to trees set out or planted on the streets, highways, public walks or public grounds, for shade, ornament or convenience; relative to the fruit of said trees; relative to the warning of the meetings of the freemen of said borough, and the warden and burgesses, and the time and place, when and where they shall be holden; to establish the form of oath to be administered to the officers of said borough; to make all such orders, rules and regulations as they shall

deem necessary, for the prevention of the throwing of garbage, rubbish, refuse or other offensive matter or dead animals in the streets, highways, and public walks of said village [borough.]

SEC. 11. The freemen of said borough at any legal meeting specially warned for that purpose, may make and ordain all such by-laws as may be necessary, relative to the penalties to be incurred by those who, being duly chosen to office and (not being excused) shall refuse to serve; relative to the firing of guns or pistols within the limits of said borough; relative to the burning of fire crackers and powder within the limits of said borough; relative to the bringing in, storing, and carrying out of gunpowder from said borough; and to prescribe reasonable penalties as in the charter of said borough provided, for the violation of any by-laws of said borough, or any rule, order or regulation of said warden and burgesses, or a majority of them.

SEC. 12. The warden and a majority of the burgesses of said borough, are hereby authorized and empowered to form, constitute, and regulate a fire company within the limits of said borough, and to enlist a sufficient number of men to fill said company; and said company, when so enlisted, shall have power to appoint the necessary officers for said company; to fill all vacancies that may occur in its numbers, by voluntary enlistment from time to time as occasion shall require; and said company when so enlisted, and their successors, shall be and remain a body politic and corporate, and may make, ordain, and establish all necessary by-laws, rules and regulations, for their own government, not inconsistent with the constitution and laws of the United States or of this state, or the by-laws, rules and regulations of said borough, and may enforce their by-laws, rules and regulations by penalties not exceeding five dollars for any one offense, to be recovered in any manner designated by said by-laws; and shall be entitled to all the rights, powers, privileges and immunities necessary for the good government and regulation of said company. Provided, that nothing herein contained shall be construed to prevent said borough, by its warden and burgesses, or a majority of them, from having full power and control of any fire engine, engine house or other property for the extinguishment of fires, which said borough has procured or may hereafter procure. And further provided, that said borough, in any legal meeting convened, may, for just cause, direct the discharging of any or all the members of said fire company and enlist new members to fill the same; and said warden and a majority of the burgesses hereby are under said instruction and direction empowered to effect such discharge and enlist new members to fill said company.

SEC. 13. The warden and burgesses of said borough shall have power to form, continue and regulate a hook and ladder company, within the limits of said borough, and to enlist a sufficient number of men to fill the same, and make all suitable by-laws, rules and regulations for the well ordering and good government of said company.

SEC. 14. The warden, by and with the consent of a majority of the burgesses of said borough, shall have power to borrow money for the necessary use and purposes of said borough, and pledge the credit of the same therefor; provided, that the amount of indebtedness so incurred and outstanding, shall not exceed at any one time two thousand dollars.

SEC. 15. The freemen of said borough may at any legal meeting

specially warned for that purpose, lay taxes upon the polls and rateble estate within the limits of said borough, as in the charter provided, for the purpose of promoting all objects authorized by said original charter, and all acts in addition to, or in alteration thereof.

SEC. 16. These resolutions shall take effect from the date of their passage, and may be altered, amended or repealed by the general assembly.

RENEWING THE CHARTER OF THE BOROUGH OF COLCHESTER.

PASSED 1846.

Resolved, That Alfred B. Pierce be and he is hereby authorized and empowered to call a meeting of the inhabitants and freemen of the borough of Colchester, who are legally qualified to vote therein, to be holden at the basement room of the congregational church, in said borough, some time in the month of June, 1846, by posting notice of the time, place and object of such meeting, on the public sign-post in said borough, at least five days previous to the day of said meeting, for the purpose of choosing a warden, burgesses, clerk, bailiff, treasurer and other annual officers of said borough, who shall hold their offices until others are chosen and sworn, in the month of March, 1847. And said warden, burgesses and other officers of said borough, when so chosen and sworn, shall have the same power and authority, and all acts and transactions done by said warden, burgesses, other officers and freemen of said borough, shall be valid and have the same force and effect thereafter as if said borough meeting had been held pursuant to said act of incorporation and the bylaws of said borough; any law to the contrary notwithstanding.

AMENDING THE CHARTER OF, AND PROVIDING FOR AN ELECTION OF OFFICERS OF THE BOROUGH OF COLCHESTER.

PASSED 1853.

Resolved by this Assembly, That Amanda M. Hurlburt be and hereby is authorized to call a meeting of the electors of the borough of Colchester, giving five days' previous notice of the time, place and object of holding the same, by posting a notice thereof on the public sign-post in said borough, and that the electors at said meting shall have power to choose a warden and six burgesses, and such other officers as they, by the provisions of their charter, may legally appoint, and that the officers so chosen shall hold their offices until the close of the next annual meeting and until they are removed and others chosen in their place.