date with any water, gas, electric, lighting, heat, power, or railway company, as herein before provided, said company may issue additional bonds for such an amount as it shall pay for such company or companies, and it may issue its stock in exchange for or in lieu of the authorized stock of such other company or companies, and in event of such purchase or merger it shall succeed to all the property, rights, privileges, and franchises of such other company or companies.

SEC. 9. Whenever said company shall require any land upon which to construct such railway, and shall be unable to agree with the owner or owners thereof as to the damages accruing thereby, either party may apply to any judge of the superior court, who, upon proper notice to all parties to be heard, shall appoint three disinterested judicious persons appraisers, who, upon notice of the time and place of meeting, shall assess to such persons or owners the just amount of damages by them sustained, and shall report their doings to said judge or to the superior court for the county or counties in which said land is situated, and said judge or court may thereupon make such order or decree in the premises as is just and equitable; and, upon the payment of such sums so assessed to such owners, or depositing the same with the clerk of the superior court for New Haven or Litchfield county, subject to their order, said company may enter upon said lands and proceed in the construction of such railway; and in any proceeding under the provisions of this section, when the matter has been finally heard and determined, all the papers relating thereto shall be deposited with the clerk of the superior court for New Haven or Litchfield county, and be kept by him with the records of said superior court.

SEC. 10. The government and direction of the affairs of said. company shall be vested in a board of not less than five nor more than nine directors, chosen by the stockholders, who shall hold their respective offices until others are chosen and qualified in their stead. Said directors may from their number appoint an executive committee, and confer upon them such powers as they deem proper, and they are hereby authorized to make, alter, and repeal lawful by-laws for said company for the management of the property and business of said company.

SEC. 11. If any highway or public ground shall be torn up or damaged by said company, said company shall restore it to as good a condition as prior to such damage, and on failure so to do the municipal authorities within their respective jurisdictions may make such repairs, and said company shall pay the expense thereof.

SEC. 12. Such line of railway shall be constructed and operated under and in pursuance of the general statutes relating to street railways.

Approved, May 13, 1903.

[Substitute for House Joint Resolution No. 108.]

[260.]

RELEASING THE STATE'S INTEREST IN THE ESTATE OF WILLIAM SCOTT, LATE OF BEACON FALLS, DECEASED.

Resolved by this Assembly: That the treasurer of the state be and he is hereby authorized, empowered, and directed to release to Eliza A. Scott, widow of William Scott, deceased, all the right, title, and interest which the state of Connecticut has or may hereafter acquire by reason of escheat in and to the estate of William Scott, late of Beacon Falls, deceased.

Approved, May 15, 1903.

[Substitute for House Joint Resolution No. 100.]

[261.]

INCORPORATING THE MOODUS AND EAST HAMPTON TRAMWAY

COMPANY.

Resolved by this Assembly: SECTION 1. That Albert E. Purple, Eugene W. Chaffee, Philip Le Crenier, E. W. Crocker, Charles E. Brownell, all of the town of East Haddam, and Horatio D. Chapman, William M. Markham, John N. Watrous, E. Gordon Cone, and N. H. Hill, all of the town of Chatham, with all others who shall or may hereafter be associated with them and their successors, are hereby constituted a body politic and corporate by the name of The Moodus and East Hampton Tramway Company, for the purpose of locating, building, constructing, maintaining, and operating an electric or street railroad or railway upon the route hereinafter set forth, commencing at a point near the Moodus reservoir in the town of East Haddam; thence running southerly and westerly in, along, and over the highway through the village of Moodus to the village of Johnsonville; thence southerly, westerly, and northerly in, along, and over private right of way, crossing the Salmon river, and adjacent to Pine brook and the Pocotopaug creek, to or near the four corners at Skinnerville; thence in, along, and over the highway leading to the village of East Hampton in the town of Chatham, to and into the village of East Hampton; thence from some convenient point in the village of East Hampton to the steam railroad tracks at or near the railroad station of the Air Line Division of the New York, New Haven and Hartford Railroad Company at East Hampton; thence through any public highway to Lake Pocotopaug or upon private right of way near to the route above described for the whole or any portion of said railway; and said company shall have power to do such things as are incidental to or necessary in the prosecution of said business.

SEC. 2. Said company in building and constructing said road may construct and lay down such turnouts, turntables, switches, and connections as may be necessary and convenient for the full use and

enjoyment of the same, and may use such motive power except steam power as may seem proper or necessary to the directors of said company.

SEC. 3. The capital stock of said company shall be fifty thousand dollars, with the privilege of increasing the same to an amount not exceeding three hundred thousand dollars, and shall be divided into shares of twenty-five dollars each, which shares shall be deemed personal property and shall be transferable on the books of the company in such manner as the by-laws shall prescribe.

SEC. 4. The persons named in the first section of this resolution 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 shall appoint, and shall give such notice of the times and places of opening said books as they shall deem reasonable and shall receive such subscriptions under such regulations as they may adopt for that purpose, and if more than two thousand shares shall be subscribed, the same may be reduced and apportioned as said corporators may deem most beneficial to the company.

SEC. 5. The office of said company shall be located in Chatham and may be changed to such other location within the state as a majority of the stock voting in a meeting held for that purpose shall direct, and the stock, property, and affairs of said company shall be managed and conducted by not less than three nor more than seven directors. The number of said directors shall be determined by the by-laws of said company, and they shall be chosen by ballot from among and by the stockholders, which directors first chosen shall hold their offices. until the next ensuing annual meeting of said company, and until others are chosen in their stead. The directors may elect from their number a president and also a vice-president, who may hold their offices for one year and until others are chosen in their stead. The directors may also appoint a secretary, a treasurer, and such clerks and agents. as shall be deemed by them advisable for conducting the business of the company, and the offices of secretary and treasurer may be held by one person; and in case any vacancy shall occur in the board of directors, the remaining directors may choose a director from among the stockholders to fill such vacancy, who shall hold the appointment until another is chosen in his stead; and in all meetings of the directors a majority of them shall constitute a quorum for the transaction of business.

SEC. 6. The persons authorized in the fourth section of this resolution to open books for subscription to the capital stock of said company are hereby authorized and directed, after the books for subscription to the capital stock are closed, to call the first meeting of the stockholders in such manner 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 of stock shall entitle the holder to one vote, which may be given by said stockholders in per

son or by lawful proxy. The annual meeting of the stockholders of said company for the choice of directors shall be holden in the town. of Chatham at such time and place and on such notice as said company under its by-laws shall prescribe; and if it so happens that an election of directors shall not be made on the day appointed by the bylaws of the company, said company shall not for that cause be dissolved, but such election may be holden on any day which shall be appointed by the directors of said company. The president shall have power at any time to call a special meeting of said stockholders, and it shall be his duty to call a special meeting of said stockholders when requested by the holders of one-quarter of said stock.

SEC. 7. The directors of said company may require the payment of the sum or sums subscribed to the capital stock of said company in such instalments and on such conditions as they may see fit, and, in case any stockholder shall neglect to make payment pursuant to the call of the directors, so much of the stock of such stockholder as may be necessary may be sold at public auction by the directors after the lapse of sixty days from the time such payment became due and after notice of such call to such stockholder, and, after deducting and detaining from the avails of such sale the payment or payments due, the interest thereon, and the necessary expenses of the sale, the surplus, if any, shall be paid over to such negligent stockholder.

SEC. 8. Said company may transport passengers and property of all kinds over said railway and may establish and collect a fare or toll upon all passengers and property so transported at such reasonable rates as may be determined from time to time by the directors of said company.

SEC. 9. Said company may make any lawful contract with any other company or person with reference to the business of said company herein authorized, and may purchase and hold such real estate as may be necessary to fully carry out the objects of this resolution or to enable said company to safely store and keep while awaiting transportation or delivery such property as said company may from time to time deem desirable or be required by contract or otherwise to transport and deliver; and said company is hereby further authorized and empowered to lease said road or to make any contract and agreement as to the time and manner of running the cars thereon with any railroad company or to make any contract or agreement with such other railroad company.

SEC. 10. Said company may from time to time borrow money for the legitimate purposes of said company and for equipping, completing, finishing, and extending or operating said railroad or other railroad leased or purchased for said company, and for such purpose or purposes said company, after said capital stock of fifty thousand dollars shall have been subscribed for and paid in and upon the vote of two-thirds of the stockholders, may issue its bonds with or without coupons attached to the extent provided in section 3848 of the general

statutes, and may mortgage the corporate property and franchises, both real and personal, of said company, or any part thereof, to secure said bonds, and when said mortgage shall be made, executed, delivered, and recorded in the Chatham land records, its provisions shall be binding upon said company and its successors and assigns.

SEC. 11. Said company may take for railroad purposes as much private land as may be necessary for the proper construction and operation of its railroad upon any portion of said route under and by virtue of sections 3687 and 3690 of the general statutes. When the lands of any feme covert, infant, or any person non compos mentis, shall be necessary for the construction of said railway, said land may be taken on giving notice to the husband of such feme covert, the guardian of such infant, or the conservator of such person non compos mentis, as the case may be, and they respectively may release all damages or claim for damages for any lands taken as aforesaid as fully and freely as might be done if the same were holden by them in their own right.

SEC. 12. Said company is also authorized to manufacture, sell, rent, use, distribute, deal in, buy, lease, hire, and dispose of electricity and electrical appliances for the purpose of furnishing electric power and light to individuals, companies, and corporations within the towns of Chatham, East Haddam, and that portion of the town of Haddam lying east of the Connecticut river, and for that purpose shall have the right to carry, build, maintain, erect, and operate poles, wires, and conductors necessary for its business, on, over, through, or under all streets, avenues, lanes, highways, or public grounds in said towns, and may establish and erect such buildings, fixtures, poles, conduits, or other works therein as may be necessary and convenient for the transaction of its business, provided, that nothing herein contained shall authorize the said company to sell or distribute electricity other than for street railroad purposes, without the consent in writing of The East Haddam Electric Light Company.

SEC. 13. Said company, in using or occupying, in any way, any highway or public ground in the exercise of any power or privilege hereby granted with reference to the use of electricity by it for the purpose of furnishing electric light to individuals, companies, or corporations, shall be subject to and governed by the existing provisions of the general laws of this state relating to the use or occupancy of public grounds by electric light or power companies for the purpose of their business.

SEC. 14. In case of the increase of the capital stock as provided in section four of this resolution, the directors of said company shall receive subscriptions and distribute stock in the same manner as is provided for the direction of the corporators in section four; provided, that stockholders of the company at the time of such increase shall be first entitled to subscribe for such increased stock in proportion to the number of shares of the stock held by them, and payment for the same shall be as provided in section seven of this resolution.