struct, repair, and maintain such reservoir or reservoirs as it may deem expedient or necessary in the town of Simsbury or towns adjacent thereto and to acquire private lands by purchase or condemnation for the construction of reservoirs and pipe lines, and for the construction of such other works as ordinarily appertain to water companies; and shall have full power to take by purchase or condemnation water from the streams of Stratton brook, Hop brook, Grimes brook, and such springs and streams as contribute to said brooks or either of them, and to take water from all the streams on the west slope of Talcott mountain between the highway crossing the mountain at Terry's Plains and the Avon town line, and all streams contributary thereto lying within the towns of Simsbury and Bloomfield and the towns adjacent thereto; and shall have full power to acquire lands and streams by condemnation or otherwise for the construction and maintenance of reservoirs for the storage of water in said town of Simsbury or towns adjacent thereto, and for the construction of pipe lines, and such other works as ordinarily appertain to the construction and maintenance of water companies; and shall have full power and authority to open streets in the town of Simsbury or towns adjacent thereto, and lay down water pipes for the distribution of water to the inhabitants and corporations of said towns; and shall have full power to collect water rents from those to whom water is supplied; and also shall have full power to acquire by purchase or condemnation private lands for the establishment and construction of water mains and pipe lines for the distribution of water. The said company shall be liable to pay all the damages that shall be sustained by any person or persons or corporations in their property or estate by the taking of any land or real estate as aforesaid, or the laying of any pipes, aqueducts, reservoirs, dams, or other works for the purposes of this resolution; and if at any time it shall appear that any damage has occurred or is likely to occur to any person or persons, corporation or corporations, by the reason of taking their land or estate for the purposes of this resolution or in the construction of the works of said company, and such persons or corporations have not agreed with said company, in writing, for such damage, land or estate, the said company, persons, or corporations may apply to the superior court of Hartford county or to any judge of the superior court, who may by law judge between the parties, causing ordinary legal notice, or such notice as any judge of said court may prescribe, to be given to the adverse party of such application, and thereupon said superior court or such judge shall appoint three disinterested judicious persons, and vacancies in such numbers which may occur to be filled by such court or judge, who shall, after reasonable notice to the parties, assess just damages, if any, to the respective owners or parties interested in the premises so required and taken for the purposes of this resolution, which assessment shall be in writing under the hand of said persons, and shall be final, and shall be returned with the application to the clerk of said superior court, who shall record it; and said company shall pay to such owner or parties the damages assessed, and when so paid may enter upon the premises and may proceed to the construction of their said works, or in case the owner or parties aforesaid cannot then be ascertained, shall pay the same within thirty days to the treasurer of the county of Hartford, to be by him paid to such person or persons as said court shall direct. SEC. 10. The occupant of any house, tenement, or building who shall take the water of said company shall be liable for the price or rent of the same, and the agents of the company entrusted with the superintendence of the works may, at all reasonable times, enter all premises so supplied, to examine the pipes and fixtures, and prevent any unnecessary waste; and if any person shall, without the consent of said company, use any of the said water, either within or without said Simsbury, an action of trespass on the case may be maintained against such person or persons by said company for the recovery of damages therefor. SEC. 11. If any person or persons shall wilfully, wantonly, or maliciously divert the water or any part thereof of any of the aqueducts, reservoirs, streams of water, water courses, or water sources, which shall be taken, used, or constructed by said company, or shall corrupt the same or render it impure, or commit any nuisance therein, or shall bathe within the limits that may be taken or prescribed by said company pursuant to the provisions of this resolution, or shall destroy or injure any aqueduct, pipe, reservoir, conduit, hydrant, machinery, building, structure, or other property held, owned, or used by said company by the authority or for the purposes of this resolution, every such person or persons shall be liable to said company in treble damages. therefor. SEC. 12. The said company shall cause to be kept at its office proper books of accounts, in which shall be fairly kept and truly entered all the transactions of the company, which books shall be at all reasonable times open for the inspection of the stockholders of the said company, and of commissioners that may be appointed by the general assembly. Approved, May 15, 1903. [House Joint Resolution No. 367.] INCORPORATING THE KILLINGLY INSURANCE COMPANY. Resolved by this Assembly: SECTION 1. That Fred C. Burroughs, Frank T. Preston, and James M. Paine, and all other persons who may become members of the company hereby incorporated, and their successors forever, be and they hereby are constituted a body politic and corporate for the purpose of making contracts of insurance upon horses and all kinds of live stock, and upon the buildings in which at any time such stock may be kept, with the contents of such buildings; upon all kinds of farm buildings with their contents; upon all other kinds of buildings with their contents; upon stocks of merchandise, factory buildings and their contents; and upon all other kinds of property, against loss by fire or lightning, or both, except fraud or design in the insured, by the name and style of The Killingly Insurance Company, and by that name shall be and hereby are empowered to have, hold, purchase, receive, and enjoy any and all kinds of estatě, both real and personal, and the same to grant, sell, demise, and dispose of as the interests of the company may demand; and by that name to sue and to be sued, implead and be impleaded in all courts of justice; to have and use a common seal and the same to change at pleasure; to make any lawful contracts with any other persons or corporations; and also to order and establish such by-laws as they may deem proper for the well ordering of the corporation, provided they be not repugnant to the laws of this state, or of the United States, or of this act of incorporation. SEC. 2. After not less than five persons shall have become subscribers to the stock of this company as hereinafter prescribed, they may, at the call of Fred C. Burroughs, Frank T. Preston, and James M. Paine, or any two of them, meet at a time and place to be named in said call, and choose from their number not more than seven persons for the first board of directors, who shall hold their place until the annual meeting in the ensuing July and until others are chosen, and shall immediately be invested with all the powers and perform all the duties hereinafter prescribed for subsequent boards of directors, provided no insurance shall be made on the property of any but stockholders until two thousand shares of twenty-five dollars each, amounting to the full amount of capital stock, fifty thousand dollars, shall have been taken as hereinafter provided and twenty-five per centum paid thereon. SEC. 3. After the board of directors shall have thus been chosen, the directors for the time being shall call a meeting of the stockholders to be held annually in the month of July, at such time as they shall appoint, giving at least one week's notice thereof, and a meeting of stockholders shall be holden at the office of the company, which shall be in the town of Killingly. At the said meeting in July the stockholders shall choose from their number by ballot not less than five nor more than nine directors, two of whom at least shall be inhabitants of the town of Killingly; and at all stockholders' meetings each stockholder shall be entitled to one vote for every share of stock by him taken as hereinafter provided. The directors shall choose from their number a president and a vice-president, and elect a secretary and a treasurer, and from time to time appoint such officers and agents as to them may seem needful, and do all other duties required by the bylaws or by this act of incorporation. In case of a vacancy in the board of directors, the board may elect from the stockholders a person or persons to fill such vacancy until a regular meeting can be called and others elected; and in case of the absence or inability of any of the officers to act, the directors may appoint one for the time being. The directors shall hold their places until the following election in the month of July and until others are elected in their stead; and the corporation shall not be dissolved by a failure to elect in July, but the then existing board shall hold as aforesaid until an election is effected. The directors shall have the full control and management of the stock and affairs of said corporation, and full power to appoint agents and other officers in this state and elsewhere, to fix their compensation, to invest the capital stock, to make by-laws, and to perform all other acts which they may find necessary for the well ordering of the affairs of the company. SEC. 4. The capital stock shall be fifty thousand dollars, with the privilege that by a vote of the stockholders it may be increased to two hundred thousand dollars. The stock shall be divided into shares of twenty-five dollars each, and shall be transferable according to the regulations prescribed by the by-laws. A subscription for the same shall be open in Killingly on the first Monday of July, 1903, under the direction of Fred C. Burroughs, Frank T. Preston, and James M. Paine, and such other persons as they may choose as their assistants, who are hereby appointed commissioners with power and authority to open and receive such subscriptions, and to adjourn from time to time as may be necessary, having first given notice of the time and place of their meeting by advertising in The Windham County Transcript, a newspaper published in said Killingly, at least two weeks before the said first Monday of July, 1903. Each subscriber, at the time of said subscription, shall pay into the treasury an instalment of twenty-five per centum on the stock by him or her subscribed, and within thirty days secure the remainder by mortgage on real estate, or by such security as shall be approved by the directors, and the same may be made payable within sixty days after demand made, or it may be made payable in regular instalments, at the discretion of the directors. Every stockholder neglecting to pay the instalments as aforesaid, or to secure the residue of his subscription as aforesaid, shall forfeit to the corporation such stock and all payments made thereon and all profits that may have arisen therefrom. SEC. 5. Public notice, by order of the directors, shall be given of any stockholders' meeting, at least one week previous to said meeting, in such way as they may deem proper. SEC. 6. All policies and contracts of insurance authorized by this resolution may be with or without the seal of the corporation, and shall be subscribed by the president or such other officer as the by-laws may direct, and shall be attested by the secretary, and, being so signed and attested, shall be binding on said corporation according to the true intent and meaning thereof; and all such policies and contracts may be made and executed without the presence of the board of directors, and, being so made, shall be binding on the corporation. SEC. 7. The directors may, at any time, at their discretion, after paying all losses and expenses to the time being and providing for a reserve fund for outstanding risks, such as is usually maintained by insurance companies, declare such and so many dividends and in such proportion as to them may seem safe and expedient; but no dividend shall be made whereby the capital stock shall be diminished or impaired. SEC. 8. This charter shall be subject to the general laws of the state of Connecticut regarding fire insurance and fire insurance companies. Approved, May 15, 1903. [Substitute for House Joint Resolution No. 273.] [267.] AUTHORIZING THE CONSTRUCTION OF A ROAD AT THE STATE PRISON. Resolved by this Assembly: SECTION 1. That the directors and warden of the state prison are hereby authorized and empowered to unite with the town of Wethersfield in the construction of a highway from what is called Southworth's corner in the town of Wethersfield to Wethersfield dock. Said road shall be constructed to the satisfaction and under the supervision of the state highway commissioner. Said directors and warden of the state prison are authorized and empowered to expend not more than two thousand dollars in the construction of said road. SEC. 2. The directors and warden of the state prison are empowered to draw said sum of two thousand dollars from the unexpended balance of the improvement and repair fund of said prison provided by the general assembly in 1899 and in 1901. Approved, May 15, 1903. [Substitute for House Joint Resolution No. 312.] [268.] MAKING AN APPROPRIATION FOR THE NORMAL SCHOOL AT NEW BRITAIN. Resolved by this Assembly: SECTION 1. That the state board of education is hereby authorized to complete the new normal school building at New Britain, to grade the grounds connected therewith, and to construct a walk and steps between the new and main buildings. The sum of fifty-five hundred dollars is hereby appropriated to be paid out of any money in the treasury not otherwise appropriated, in full compensation for the objects herein before specified. SEC. 2. The sum of twenty-five hundred dollars is hereby appropriated to be paid out of any money in the treasury not otherwise appropriated, in full compensation for changes and repairs to be made in the main building of the normal school at New Britain. Approved, May 15, 1903. |