INCORPORATING THE WILLIMANTIC AND THOMPSON RAILROAD COMPANY.

PASSED 1849.

Resolved by this Assembly, SEc. 1. That Pearley Jordon, Amasa Carpenter, J. Ellis Fisher, Danforth Childs, William Lester, Calvin Whitney, Benjamin Warren, Clifford Thomas, John McLellan, Daniel Griggs, Peter Lyon, with such other persons as shall associate with them for that purpose, are hereby constituted a body politic and corporate, by the name of "The Willimantic and Thompson Railroad Company," and by that name are empowered to sue and be sued, plead and be impleaded, to make and have a common seal, and the same to break, alter and renew at pleasure. And said company is hereby vested with all powers, privileges and immunities which are or may be necessary to carry into effect the purposes of this act, as herein set forth. And said company is hereby authorized and empowered to locate, construct and finally complete a single, double or treble railway or railroad from some suitable place in the village of Willimantic, in the town and county of Windham, thence extending in a northeasterly direction to some suitable point in the town of Thompson or Woodstock, in and upon such intermediate route as shall be deemed most expedient; and to transport property and persons upon said railway by power of steam or otherwise. And for the purpose of constructing said railway, the said company is hereby authorized to lay out their road not exceeding six rods wide through the whole length, and for the purpose of cuttings and embankments, stations and turnouts, and for obtaining stone and gravel, may take as much more land as may be necessary for the proper construction and security of said road; provided said taking be first approved by the commissioners on said road. And said company is also authorized and empowered to contract with any other railroad company in relation to the business of said company, and to make joint stock with any other railroad company.

SEC. 2. The capital stock of said company shall be five hundred thousand dollars, with liberty to organize and commence operations when two hundred thousand dollars shall have been subscribed; and said capital stock shall be divided into shares of one hundred dollars each, which shall be deemed personal property, and be transferable in such manner as the by-laws of said company shall direct.

SEC. 3. That the persons named in the first section, or a majority of them, shall from time to time open books to receive subscriptions to the capital stock of said company, at such times and places as they, or a majority of them, may appoint, and shall give such notice of times and places of opening such books as they may deem reasonable, and shall receive said subscriptions under such regulations as they may adopt for that purpose; and if more than five thousand shares of stock shall be subscribed, they shall have the power to make the shares so subscribed the capital stock of the company; provided they shall not exceed ten thousand shares; and in case the subscription shall exceed ten thousand shares, the same shall be reduced and apportioned in such manner as may be deemed most beneficial to the corporation.

SEC. 4. That the persons authorized by the foregoing section of this act to open the books for receiving subscriptions to the capital stock of said company, are hereby authorized, after said books are closed, to call the first meeting of the stockholders in such way 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 shall entitle the holder thereof to one vote, which vote may be given by said stockholder in person or by proxy; and the annual meeting of the stockholders of said company for the choice of directors shall be holden at such time and place, and upon such notice as said company in their by-laws may prescribe.

SEC. 5. That the immediate government and direction of the affairs of the company shall be vested in a board of nine directors, (four of whom shall constitute a quorum for the transaction of business,) who shall be chosen by the stockholders of said company in the manner herein provided, and shall hold their offices until others are duly elected and qualified to take their places as directors; and the said directors shall elect one of their number to be president of the board, who shall be also president of said company; they shall also choose a clerk, who shall be sworn to a faithful discharge of his duties, and a treasurer, who shall give bond with surety to said company, in such sum as the said directors may require, for the faithful discharge of his trust.

SEC. 6. That in case it shall so happen that an election of directors shall not be made on any day appointed by the by-laws of said company, said corporation shall not for that cause be deemed to be dissolved, but such election may be holden on any day which shall be appointed by the directors of said company; and said directors shall have power to fill any vacancy which may occur by death, resignation or otherwise.

SEC. 7. That the directors shall have full power to make and prescribe all needful by-laws, rules and regulations, touching the disposition and management of the stock, property, estate and effects of said company, the transfer of shares, the duties and conduct of their officers and their servants, the election of and meeting of directors, and all matters whatsoever which may appertain to the construction and management of said railroad and the concerns of said company. Said company is also hereby empowered to purchase, hold and use, anywhere upon the line of said road or otherwise, materials, engines, cars and other necessary things, in the name of said corporation, for the use of said railroad and for the transportation of persons and property; and to purchase, receive and hold such real estate as may be necessary and convenient in accomplishing the object for which this incorporation is granted; and may, by their agents, surveyors, engineers and servants, enter upon such route or places for the purpose of surveying the same, as may be designated by the directors, and when so surveyed the same shall be approved by three commissioners to be appointed by the general assembly for that purpose, or the major part of them, who shall have no interest in said railroad, and who shall, prior to such approval, give such notice as they shall deem reasonable to the persons whose lands may have been taken, to enable them to present objections which they may think proper to make to such location of such road. And it shall be lawful for said company to enter upon and use all such franchises, land and real estate as may be necessary for them, in the manner and for the purposes set forth in the first section of this act; and

said company shall be holden to pay all damages that may arise to any person or persons; and if the person or persons to whom damage shall so arise, and said company cannot agree as to the amount of such damages, it shall be the duty of said company to apply to the superior court of the county in which the real estate damaged is situated, and if said court shall not be in session, to any judge of said court who may by law judge between the parties, and to cause notice to be given to the adverse party of such application; and thereupon said superior court or said judge shall appoint three disinterested and judicious freeholders to assess the amount of such damages, and said freeholders, after being sworn, shall give notice to the parties of the time and place of their meeting and the business of their appointment, at which time and place they shall proceed to hear the parties, and to inquire into the extent of the damages, and shall assess just damages to the persons whose real estate may be taken or injured, which assessment shall be in writing, under the hands of said freeholders; and the same, with such application, shall be returned to the clerk of said superior court, who shall record it, and when so returned and recorded, such assessment shall have the effect of a judgment, and execution may be issued after sixty days from the time when such assessment shall be so returned in favor of the persons respectively to whom damages may be assessed for the amount so to them assessed. Provided, that said railroad shall not be worked upon or opened across the lands of any person until the damages assessed to such person shall have been paid or secured to be paid, to his satisfaction, and the said damages shall be so paid or deposited with the treasurer of the county within sixty days after the same shall have been finally determined. And the said company may at any time, before the completion of said road, alter and change any part of the location thereof, or discontinue such part thereof as, in their opinion, convenience or necessity may require to be changed or discontinued, subject to the approval of the commissioners on said road and the other requirements of said charter. Provided further, that in case the persons required by this section to be notified, shall have no place of residence in this state known to the occupant of the land over which said road passes, or to any of the directors or commissioners of said company, then a notice, published three weeks successively, in two public newspapers printed in this state, stating what proceedings are intended by said company to be instituted, shall be sufficient notice to such non-resident landholder. And when the place of residence of any such landholder is known to the occupant of the land or to any director or commissioner aforesaid, and is out of this state, then a duplicate original notice, or a true and attested copy of the original notice, deposited in the post office, post-paid, directed to such person four weeks before the hearing is to be had, shall be sufficient notice according to said charter, or any judge may give an order of notice, as in case of a bill in equity, in either of the cases aforesaid.

SEC. 8. That when the lands, estate or other property of any femecovert, infant or person non compos mentis, shall be necessary for the construction of said railroad, the same may be taken, notice being given to the husband of such feme-covert and the guardian of such infant or person non compos mentis, and the said husband or guardian may respectively release all such damages to any lands or other property taken and appro

priated as aforesaid, as they might do if the same were holden in their own right respectively.

SEC. 9. That said company is hereby authorized to construct, erect, build, make and use a single, double or treble railway of suitable width and dimensions, to be determined by the directors of said company, on the line or course by them designated, and shall have power to regulate the time and manner in which goods and passengers shall be transported, taken and carried on the same, and shall have power to erect and maintain toll-houses and other buildings for the accommodation of their business.

SEC. 10. That whenever it shall be necessary for the construction of said railroad to intersect or cross any stream of water or water-course, or any road or highway, it shall be lawful for said company to construct said railroad across or upon the same; but the said company shall restore said stream or water-course, or road or highway thus intersected, to its former state, or in sufficient manner not to impair its usefulness. And in all cases when any road, highway or stream of water is so located, that said railroad cannot be judiciously laid out and constructed across or upon the same, without interfering therewith, in such case or cases said corporation may, by their engineer, cause such road, highway or watercourse to be altered or changed, in such manner that said railroad may be made on the best site of ground for that purpose; provided, that said corporation shall put such road or highway in as good repair as at the time of altering and changing the same. And said corporation may apply to any judge of the superior court, who by law may judge between the parties, who, after notice given, may appoint three disinterested persons to determine whether said corporation have complied with the provisions aforesaid, and if approved by them their decision shall be final. And said company shall pay for all damages that may accrue to any party or person whatsoever by reason of the provisions of this section, in manner as provided in the seventh section of this act.

SEC. 11. That it shall not be necessary in order to the location of said road by the directors, and the approval by the commissioners, that the width thereof shall be definitely established by said directors or commissioners, previous to said location, but before the damages shall be as sessed to any landholder by the appraisers, the width of said road shall be definitely fixed and established by said directors, over and across the land so taken.

SEC. 12. That it shall be lawful for the company hereby incorporated, from time to time to fix, regulate and receive the tolls and charges by them to be received for the transportation of persons or property over said

railroad.

SEC. 13. That as soon as the amount of said capital stock of two hundred thousand dollars shall be subscribed, notice shall be given for a meeting of the stockholders for the purpose of choosing directors.

SEC. 14. That the directors of said company may require the payment of the sum or sums subscribed to the capital stock of said company, at such times, and in such proportions, and upon such conditions, as they may deem fit; and in case any stockholder shall refuse or neglect to make payment, pursuant to the requisition of the board of directors, the stock of such stockholder, or so much thereof as shall be necessary, may be sold by the directors of said corporation, at public auction, after the lapse of

thirty days from the time when payment became due; and the surplus money, (if any there be,) from the avails of such sale, after deducting the payments due and interest thereon, and the necessary expenses of such sale, shall be paid over to such negligent stockholder.

SEC. 15. That said company shall not, in constructing said road, change or alter either the grade or line of any other railroad, without the consent of the corporation or persons owning said road.

SEC. 16. Nothing herein contained shall entitle said company to enter upon, take or use any depot or station lands, belonging to the New London, Willimantic and Palmer Railroad Corporation, except said corporation last named shall agree thereto.

SEC. 17. That if said company shall not expend the sum of two hundred thousand dollars upon said railroad within three years from the rising of this assembly, or if they shall not construct and put in operation a single, double or treble railway, as herein authorized, within six years after the rising of said assembly, then the rights, privileges and powers of said company shall be null and void.

SEC. 18. That this act may be altered, amended or repealed at the pleasure of the general assembly.

INCORPORATING THE WINDSOR AND TARIFFVILLE RAILROAD COMPANY.

PASSED 1850.

Resolved by this Assembly, SEC. 1. That Daniel Buck, Jr., George Beach, Calvin Day, James G. Bolles, George Beach, Jr., Charles M. Beach, J. Watson Beach, Denslow & Beach and Orrin Thompson, with such other persons as shall associate with them for that purpose, be and they hereby are constituted a body politic and corporate, by the name of The Windsor and Tariffville Railroad Company, and by that name to sue and be sued, plead and be impleaded in any court in this state, to make and have a common seal, and the same to break, alter or renew at pleasure. And said company is hereby authorized and empowered to locate, construct and finally complete a single, double or treble railroad or way, from some suitable point on the line of the Hartford and New Haven railroad, in the town of Windsor, by the most feasible route through the towns of Windsor, Bloomfield, Granby and Simsbury to Tariffville; and to transport, take and carry property and persons upon said railroad or way by the power and force of steam, of animals, or of any mechanical or other power, or any combination of them which said company may choose to apply. And the said company is hereby vested with all the powers, privileges and immunities conferred and granted by an act of the legislature of this state, passed at the May session, 1849, and entitled "An act relating to Railroad Companies," and is made subject to all the duties, conditions, restrictions and requirements imposed by said act.