granted by the general assembly and now existing, to construct its railway over and upon the streets and routes as specified in its charter and amendments thereto, including the streets and routes mentioned in the second section herein, are hereby continued in force until July 1, 1907. SEC. 2. In addition to the rights already granted to said corporation to construct and operate a line of trolley railroad track from the village of Terryville, in the town of Plymouth, through said town of Plymouth to and into the town of Thomaston to the depot of the Naugatuck Railroad Company in said town of Thomaston, the said corporation is also authorized and empowered to construct and operate its line of railway from the terminus of its existing tracks in the village of Terryville, in the town of Plymouth, through said town of Plymouth to and into the town of Thomaston to the depot of the Naugatuck Railroad Company, upon either of the routes hereinafter described: Route A. Beginning at the end of the present tracks of said corporation in said village of Terryville and thence following the main highway toward Thomaston to a point near the house of Levi Bassett; thence by private right of way passing southerly of Bunnell's ice pond, crossing three highways, passing southerly of the Seymour house; thence to the said main highway at a point easterly of the house occupied by Henry Burr; thence following said main highway toward Thomaston to a point near Bristol street, near the Plymouth and Thomaston town line; thence northwesterly and southwesterly, crossing four highways, to the said main highway about oneeighth of a mile easterly of the Thomaston railroad station; and thence following the main highway toward Thomaston to the right of way of the Naugatuck division of the New York, New Haven, and Hartford Railroad at the Thomaston depot; or deviating from the above described line by leaving the same near the house of Levi Bassett, continuing in the public highway to the first road turning north, and thence continuing in said highway running northerly and connecting with the above described line near Bunnell's ice pond; also deviating from the above described line from a point west of the building known as the "old tenement house" and thence running toward Thomaston over private right of way and connecting with the above described line in the said main highway at or near the public park in Plymouth center; also deviating from the above described line where it enters upon the private right of way west of Bristol street and continuing northerly to Bristol street, and thence returning to the said main highway, either by private right of way or by the lower road, and connecting with the above described line near the Thomaston railroad station. Route B. Beginning at the end of the present tracks of said corporation in said village of Terryville and thence following the main highway toward Thomaston to a point near the house of Levi Bassett; thence by private right of way passing southerly of Bunnell's ice pond or by the highway, and thence crossing eleven highways and connecting with "Route A" in the said main highway at a point about one-eighth of a mile east of the Thomaston railroad station; thence westerly on the said main highway toward Thomaston to the tracks of the Naugatuck division of the New York, New Haven, and Hartford Railroad Company. This line passes near the house of R. W. Wood, across or northerly of the north end of the Thomaston reservoir between or near the house of W. N. Austin and the Webb house and continues southerly, passing near or through a part of the Catholic cemetery. Route C. This route is the same as Route A" to a point west of the house of Henry Burr, where it departs from the highway; thence by private right of way crossing three highways and connecting with "Route B" at a point west of the Webb house; from thence continuing to the railroad station, same as "Route B"; together with the right to lay its tracks and construct a single or double line of trolley railroad track between any points on or near to these locations, either in the public highway or upon private right of way. The provisions of section ten of the original charter of said company, approved June 14, 1893, shall extend to and apply to the construction of the lines of railroad authorized in this section; and whenever said company shall desire to take real estate for the purpose aforesaid, and cannot obtain it by agreement with parties interested therein, it may acquire its title thereto in the manner provided in section 3687 of the general statutes relating to the taking of land by railroad companies. Approved, March 29, 1905. [Senate Joint Resolution No. 139.] AMENDING THE CHARTERS OF THE UNION METALLIC CARTRIDGE COM. AN INDUSTRIAL RAILROAD AND GIVING AU- SAID RAILROAD. Resolved by this Assembly: SECTION 1. That the Union Metallic Cartridge Company and the Wheeler and Wilson Manufacturing Company, corporations duly organized under charters heretofore granted by the general assembly of this state, are hereby authorized and empowered directly or by arrangement with other persons or corporations, to construct, maintain, and operate by steam power, a single track railway at grade, with suitable and necessary turn-outs, side tracks, spur tracks, switches, and tracks connected with the property of said Union Metallic Cartridge Company and Wheeler and Wilson Manufacturing Company and the Connecticut Railway and Lighting Company, respectively, on East Washington avenue in Bridgeport, and with such manufacturing and mercantile establishments as may hereafter be located on or near said avenue on or near the line of such railroad, under contract with said manufacturing and mercantile es tablishments, for reasonable compensation, for the use of the same; said tracks to be used for the transportation, by engines and cars, of freight, goods, wares, and merchandise only, to and from the property of the corporations herein named and said manufacturing and mercantile establishments and tracks of the New York, New Haven, and Hartford Railroad Company, at or near Central avenue in said city of Bridgeport; said track to commence at and connect with the track, at grade, of the said New York, New Haven, and Hartford Railroad Company at a point at or near Central avenue in said Bridgeport, with the consent of said railroad company; and extend thence westerly on and along said East Washington avenue, crossing Seaview avenue at grade, to property owned by the New York, New Haven, and Hartford Railroad Company; thence crossing the property of the New York, New Haven, and Hartford Railroad Company, with the consent of said corporation; thence crossing property of the said Union Metallic Cartridge Company, with the consent of said company, to East Washington avenue; thence westerly on East Washington avenue, crossing Hallett street at grade, to the easterly side of Pembroke street, and also into the property of the said Wheeler and Wilson Manufacturing Company at or near the northeasterly corner of East Washington avenue and Pembroke street, also into the property of the said Union Metallic Cartridge Company, and also into the property of the Connecticut Railway and Lighting Company bounded by Barnum avenue, Pauline street, East Washington avenue, and Helen street; and said Connecticut Railway and Lighting Company, its successors and assigns, and the future purchasers and owners of its aforesaid property, are hereby authorized and empowered to use said railroad jointly with the other users and occupants of the same, for the purpose of bringing freight from the yards of the New York, New Haven, and Hartford Railroad Company to its said property bounded as aforesaid and carrying freight from said property to said railroad yards, upon making payment to the Wheeler and Wilson Manufacturing Company and the Union Metallic Cartridge Company at a rate per car, per car mile, or per ton, pro rata to the entire cost of the number of cars, the number of car miles, or the tonnage going over said road, plus a reasonable charge for the maintenance of the same. Said railroad track, side tracks, switch tracks, spur tracks, turn-outs, and switches are to be constructed subject to the approval of the plans, location, and method of construction thereof by the railroad commissioners of the state of Connecticut, and under such reasonable conditions for the safety of the public in the operation of such railroad and the continued convenient use by the public of the streets as the said commissioners may prescribe, and under such reasonable conditions as to the care and maintenance of said railroad track, turn-outs, side tracks, spur tracks, switch tracks, and tracks connecting with property on East Washington avenue, as may be imposed by the common council of the city of Bridgeport; but said railroad commissioners. in their approval of said plans, shall cause said road to be so constructed as to allow the Connecticut Railway and Lighting Company to make connection with said track to enable it to move its cars to and from its car sheds on East Washington avenue over the said East Washington avenue between Pauline street and Helen street; and the construction and operation, or the causing to be so constructed and operated, of a railroad on the location and for the purposes aforesaid, and the use and occupation of said public streets as hereinbefore described and contemplated for the location, construction, and operation of said railroad, are hereby declared to be proper and legitimate uses of said streets and highways for highway purposes so long as the requirements of this resolution are complied with. SEC. 2. The action of the common council of the city of Bridgeport in consenting to the construction and maintenance of a railroad. on and over East Washington avenue between the points described in the first section hereof, and the action of the railroad commissioners of this state, after a public hearing had for that purpose, in authorizing the location and construction, at grade, of said railroad at street crossings, and the acts of the said Union Metallic Cartridge Company and the said Wheeler and Wilson Manufacturing Company in constructing and operating, or causing to be constructed and operated, a railroad on the location, in the manner, and for the purposes specified in the first section hereof, are hereby authorized, validated, and approved, and the use and occupation of said public streets as hereinbefore described and contemplated for the location, construction, and operation of said railroad are hereby declared to be proper and legitimate uses of said streets and highways for highway purposes so long as the requirements of this resolution are complied with. SEC. 3. Said railroad is not to be operated for the carriage of freight, goods, wares, and merchandise for profit except as hereinbefore provided, and neither said Union Metallic Cartridge Company nor said Wheeler and Wilson Manufacturing Company shall be deemed a railroad company under the law, or be taxed as such, or be required to make returns as a railroad company under the laws of this state. SEC. 4. This resolution shall be an amendment to the charters of the Union Metallic Cartridge Company and the Wheeler and Wilson Manufacturing Company. Approved, March 29, 1905. [House Joint Resolution No. 358.] AMENDING THE CHARTER OF THE DERBY GAS COMPANY. Resolved by this Assembly: SECTION 1. That The Derby Gas Company be and it hereby is authorized and empowered to increase its capital stock from time to time; provided, that the total amount of capital stock shall not exceed one million dollars; and provided, that said increased stock shall be paid for in cash at a sum not less than the par value of each share; and provided, that the issue of any new stock shall first be authorized by a majority vote of the outstanding capital stock of said corporation at any stockholders' meeting legally warned for that purpose. SEC. 2. The powers conferred upon corporations by section eleven of chapter 194 of the public acts of 1903 are hereby expressly conferred upon this corporation. Approved, March 29, 1905. [House Joint Resolution No. 359.] AMENDING THE CHARTER OF THE BIRMINGHAM WATER COMPANY. Resolved by this Assembly: SECTION 1. That The Birmingham Water Company be and it hereby is authorized and empowered to increase its capital stock from time to time; provided, that the total amount of capital stock shall not exceed five hundred thousand dollars; and provided, that said capital stock shall be paid for in cash at a sum not less than the par value of each share; and provided, that the issue of any new stock shall first be authorized by a majority vote of the outstanding capital stock of said corporation at any stockholders' meeting legally warned for that purpose. SEC. 2. Said corporation is hereby authorized and empowered from time to time to issue its bonds for such time, and on such terms, as the corporation may deem expedient, to an amount not exceeding, in the aggregate amount of bonds outstanding at any one time, threefourths of the full-paid capital stock issued at that time by said corporation in accordance with the existing or future provisions of its charter, and to secure the payment of the same by a mortgage or mortgages upon all of its property of every kind, including its franchises, and pipes then laid or thereafter to be laid, which mortgage or mortgages shall be recorded on the land records of the town or towns within which said mortgaged property is situated, and such record shall be sufficient to hold said mortgaged property; provided, however, that such bonds and mortgage or mortgages shall first be authorized by a majority vote of the outstanding capital stock of said corporation at any stockholders' meeting legally warned for that purpose. Said bonds may contain a provision making said bonds convertible into stock at par at the option of the holders thereof and upon such terms as the corporation may prescribe, if the vote of the stockholders authorizing the issue of said bonds shall so provide; provided, however, that the total amount of stock and convertible bonds of said corporation outstanding at any one time shall not exceed the total amount of capital stock then authorized by the charter of said corporation. |