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and other funds, as the first and prior liens thereon, in case of the failure of said company,

Sec. 6. The capital stock of said company shall be fixed by the corporators aforesaid, or a majority of them, at such an amount as they may deem best, not exceeding one hundred thousand dollars, nor less than twenty-five thousand dollars, to be divided into shares of the par

value of one hundred dollars each; and such capital stock may be increased from time to time from any less amount up to said limit of one hundred thousand dollars; but said company shall not commence the business authorized in the second section of this resolution until at least twenty-five thousand dollars of the capital stock is subscribed and paid for in full, nor shall said company act as executor, administrator, guardian, conservator, receiver, or trustee, or in any other similar fiduciary capacity, until at least fifty thousand dollars of the capital stock has been subscribed and paid for in full.

SEC. 7. Said corporators, or a majority of them, may open books to receive subscriptions to said capital stock, under such regulations and at such times and places as they may appoint, upon such notice as they may deem reasonable; and shall receive such subscriptions and shall apportion the allotment of said stock thereunder as they may deem most beneficial to the company; and shall call the first meeting of the stockholders of the company in such manner and at such time and place as they may appoint for the formal organization of the company, the choice of a board of trustees, and the adoption of such by-laws for the company as may be deemed best.

SEC. 8. The government and direction of said company and the management of its property and affairs shall be vested in a board of not less than five nor more than nine trustees, who shall be chosen by and from among the stockholders and shall hold office for the ensuing year and until others are chosen in their stead. The board of trustees shall choose one of their number to be president, and whenever the place of president or trustee shall become vacant in any way, the remaining trustees may fill the vacancy for the remainder of the term. The board of trustees may appoint a secretary, a treasurer, and such officers, agents, and committees as may be deemed needful or proper for the conduct of the business of the company.

Approved, June 13, 1903.

(House Joint Resolution No. 434.]

[412.] AMENDING THE CHARTER OF THE SAVINGS BANK OF NEW BRITAIN.

Resolved by this Assembly: That section seven of the charter of the Savings Bank of New Britain, approved June 28, 1862, is hereby amended by striking out in said section the words " and no president, vice-president, or director of said corporation, as such, shall be entitled to or receive any compensation for his services," so that said section

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1903.]

OF CONNECTICUT.

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when amended shall read as follows: No member of said corporation shall be a hirer or borrower, or surety for any hirer or borrower, of the funds of said corporation, or any part thereof.

Approved, June 13, 1903.

(House Joint Resolution No. 433.)

[413] INCORPORATING THE PLAINVILLE AND FARMINGTON TRAMWAY

COMPANY.

Resolved by this Assembly: SECTION 1. That James T. Patterson, J. B. Cornwall, Howard H. Knapp, and Arthur Perkins, with such other persons as may be associated with them for the purposes hereof, are hereby constituted a body politic and corporate by the name of The Plainville and Farmington Tramway Company, with a corporate office in the city of Hartford, and by that name shall have and enjoy all the powers usually granted to street railways in this state. Said corporation is hereby authorized and empowered to locate, construct, and operate a railway, with single or double tracks and all necessary turnouts, switches, and connections, over highways and private lands in the towns of Farmington and Plainville, as follows, to wit

: Beginning at a point in the town of Farmington on the road to Unionville, near the corner of Canal street, forming a connection with the tracks of The Farmington Street Railway Company; thence southerly on said Canal street to the road leading to the railroad station; thence easterly on said last-mentioned road to Main street, at Cowles corner; thence southerly on said Main street, in the towns of Farmingington and Plainville, to a point on said highway near where the tracks of the New York, New Haven, and Hartford Railroad Company cross said highway; and thence on private land to a convenient point in the town of Plainville, near the railroad station: Also in case the grade crossing on said highway is eliminated upon the petition of the town of Plainville or of the New York, New Haven, and Hartford Railroad Company, then over or under said steam railroad upon said highway to a connection with the tracks of the Connecticut Railway and Lighting Company; and to acquire, maintain, and operate, upon locations heretofore approved by the selectmen of Plainville or of Farmington, any railway already constructed upon any part of said route.

SEO. 2. This corporation is authorized to operate its railway by any power except steam, and may establish and collect tolls or fares for all passengers and property transported over said railway, at such reasonable rate as may from time to time be determined by the

Me capital stock of this corporation shall be thirty

but the same may be increased from time to time

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as may be found necessary to any sum not exceeding fifty thousand dollars, and it shall be divided into shares of one hundred dollars each.

SEC. 4. The persons named in the first section hereof, or a majority of them, shall open books and receive subscriptions to the capital stock of this corporation at such time and place as they may appoint, and shall give such notice thereof as they shall deem reasonable, and shall receive subscriptions under such regulations as they may adopt, and, in case the subscriptions shall exceed the amount of thirty thousand dollars, may reduce and apportion the same among the subscribers.

Sec. 5. The persons named in the first section of this resolution, or a majority of them, shall call the first meeting of the stockholders in such manner and at such time and place as they shall appoint for the organization of the company, the choice of directors, and the transaction of any other necessary business.

Seo. 6. The government and direction of this corporation shall be vested in not less than three and not more than nine directors, who shall be chosen annually by the stockholders, and shall hold their office for one year and until others are chosen in their stead. The said directors shall elect from their number a president, who shall be president of the company, a treasurer, a secretary, and such other officers and agents as shall be necessary for the proper conduct of the business of this corporation.

SEC. 7. This company is hereby authorized and empowered under the provisions of this charter to take such lands or easements therein as it may be authorized by law to purchase, or as may be necessary or convenient for the construction or operation of said railway on any of the above described layouts, or as said company shall re quire for the purpose of generating power, or of obtaining material for the construction of its road, or for the erection of any buildings necessary for the operation of its road, or in the conduct of its business, or for the purpose of widening or changing any street or highway, when such a street or highway is not of sufficient width to accommodate public travel thereon, as provided by law. If this company shall be unable to agree with the owner of said lands or easements as to the damage to be paid therefor, this company may proceed to take such lands or easements for any or all of said purposes and to have the damages assessed therefor, in the same manner as is provided by law for the taking of land and the assessment of damages in the case of steam railroad companies. Whenever the superior court shall make any order or decree as to the amount of damages to be paid, this company may immediately enter upon said land and take possession thereof, having first tendered the amount of damages so assessed by said court to the person or persons entitled to the same.

SEC. 8. This corporation may purchase, receive, and hold, in fee simple or otherwise, such real and personal property as shall be necessary in order to carry out advantageously the purposes of this resolu

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tion, and may sell and convey the same as occasion may require, and shall have authority to make any contract relating to the operation of its road or other matters not forbidden by law, and may lease or sell its property, railway, or franchises to any other railroad company located in whole or in part in the towns of Farmington or Plainville, or consolidate with such company, and all other such companies are hereby authorized to buy or take a lease of the railway, franchises, or property of this company, or to unite or to consolidate this company with them, in the manner herein provided. The powers given by this charter shall pass and are hereby given to any and all companies which

may

hereafter acquire, by sale or consolidation, the property, railway, or franchises of this company; provided, however, that, upon the consummation of such purchase, consolidation, or lease, a certificate subscribed and sworn to by the president and secretary of this company shall be filed with the secretary of the state setting out such agreement of purchase, lease, or consolidation in full.

SEC. 9. The provisions of section 3853 of the general statutes shall apply to the operation of the cars of this company upon the tracks of The Farmington Street Railway Company, except that the words the railroad commissioners of the state of Connecticut

may

in their discretion ” shall be substituted for the words “ the superior court or any judge thereof may, in its or his discretion " in the third and fourth lines of said section.

Sec. 10. Except as herein expressly provided to the contrary, this company shall be subject to all general laws relating to street railway companies.

Approved, June 18, 1903.

[Substitute for Senate Joint Resolution No. 78.]

[414.] CONCERNING THE FRANCHISE TAX OF THE CONSOLIDATED LAKE

SUPERIOR COMPANY.

Resolved by this Assembly: That the comptroller be and he hereby is authorized and directed to draw his order on the treasurer in favor of The Consolidated Lake Superior Company for the sum of fortynine hundred dollars, being a portion of the tax assessed by the board of equalization, and paid to the treasurer on May 14, 1901; provided, that said The Consolidated Lake Superior Company shall sign and deposit with the comptroller a waiver of any and all claims that it may have against the state of Connecticut or any officer thereof on account of any and all taxes paid by it on its capital stock and franchises.

Approved, June 18, 1903.

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[Senate Joint Resolution No. 242.]

[415.)
INCORPORATING THE EAST NECK CEMETERY SOCIETY.

Resolved by this Assembly: SECTION 1. That John Gardner, Leverett N. Dimmock, Isaac A. Gardner, and such other persons residing in the town of Waterford, or elsewhere, as now or may hereafter hold an interest, by purchase or otherwise, in any burial lot in the East Neck Cemetery, so-called, being the plot of ground now used as a burial ground, situated on the road leading from New London to Pepperbox Hill, so-called, in the eleventh school district, in said town of Waterford, and their successors, be and they hereby are constituted a body politic and corporate, under the name of The East Neck Cemetery Society, for the purpose of superintending, caring for, and preserving said burying ground, and under such name may hold and control said burying ground.

Sec. 2. Said burying ground may be enlarged, at the discretion of said corporation, and for that purpose said corporation may purchase, acquire, and hold such additional ground as may be hereafter acquired therefor, or for the site of a chapel, or other building necessary or convenient for the proper use, care, and management of the same; and, at the discretion of said corporation, land may be taken for the purpose of such enlargement, upon application.of the corporation to the superior court in the manner provided by the general statutes for owners of cemeteries.

SEC. 3. Said corporation shall have power to receive and hold real and personal estate for the purposes of the corporation and also gifts, bequests, legacies, and devises, for its own use, or in trust for the purpose of keeping in order and repair such lots and monuments or other constructions as may be designated by the person creating the trust; and may also be appointed by any court of probate in this state trustee of any trusts heretofore or hereafter created for any of the purposes aforesaid, whenever there shall be a vacancy in the office of trustee of any such trusts incumbent upon such court to fill; and may manage the property or estate so held and invest and reinvest the same by means of officers and agents in such manner as it may

direct. SEC. 4. Said corporation shall have power to make and enforce all reasonable rules and regulations for the care, superintendence, improvement, and preservation of said burying ground, and to do all things proper therefor and for keeping the same throughout in a neat, orderly, and attractive.condition.

SEC. 5. Said corporation shall have the right to make and prescribe its own constitution and by-laws, and possess all the rights and powers enumerated in the general statutes, or pertaining to corporations under the laws of this state; but at all meetings of the corporation each member shall be entitled to one vote and no more; and seven members present at any meeting shall constitute a quorum. Said corporation may also have a seal which may be changed at pleasure.

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