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them, be and they are hereby made and constituted a body politic and corporate, by the name of the Danbury, Redding, Weston and Westport Plank Road Company, and by that name may sue and be sued, implead and be impleaded in any court in this state, and may ordain and establish such by-laws, roles and regulations as shall be necessary for the government and management of said company, not contrary to the laws of this state or of the United States. And said company may have a common seal and the same may 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 and objects of this act, as herein after set forth. And said company is hereby authorized and empowered to locate, construct and finally complete and maintain a plank road from some suitable point in the town of Westport, through the towns of Weston, Redding, to and into the town of Danbury, in such route as sball be deemed most expedient. The track of which plank road shall be made of timber, plank or other hard material, so that the same shall form a hard and even surface. And for the purpose of constructing said plank road the said co:r pany is hereby authorized to lay out their road, not exceeding four rods wide through the whole length; and for the purpose of cutting and embankments, 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, that all damages that may be occasioned to any person or corporation by the taking of any such land or materials aforesaid, shall be paid for by said company, in manner herein after provided.

Sec. 2. The capital stock of said company shall not exceed one hundred thousand dollars, and shall be divided into shares of fifty dollars each ; each of which shares shall be deemed personal property, and be transferred in such manner and at such places as the by-laws of said company shall direct.

Sec. 3. The persons named in the first section hereof, 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 may appoint, and shall give such notice of the times and places of opening said books as they may deem reasonable, and shall receive such subscriptions under such regulations as they may adopt for the purpose ; and when four hundred shares of the capital stock of said company shall be subscribed, they shall have the power to make the shares so subscribed the capital stock of said company. And they are farther authorized, after said number of shares have been subscribed, to call the first meeting of the stockholders of said company in such way and at such time and place as they may appoint, for the choice of directors 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 lawful 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 the said company may prescribe.

Sec. 4. The immediate government and direction of the affairs of said company, in cases not herein otherwise provided for, shall be vested in a board of not less than seven directors, who shall be stockholders of said company in the manner provided for herein, and shall hold their offices

until others are duly elected and qualified to take their places as directors. And the said directors (four of whoin shall be a quorun for the transaction of business) shall. elect one of their number to be president of the board, who shall also be president of the company. They shall also choose a clerk, who shall be sworn to a faithful discharge of his duty, and a treasurer, who shall give bonds with surety to the company, in such sum as the said directors shall require, for the faithful discharge of his trust. And 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 company sball not for that canse 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 inay occur by death, resignation or otherwise.

Sec. 5. Said company is hereby authorized 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 (to be designated by the directors and approved by three commissioners to be appointed by the general assembly for that purpose, who shall have no interest in said plank road,) after such notice given as the commissioners shall deem reasonable to the persons whose lands may have been taken, and after hearing all objections which may by such persons be made to the location made by said directors as to the location, line, course, road or way whereon to construct said plank road. And it shall be lawful for said company to enter upon and use all such lands and real estate as may be necessary for them, in the manner and for the purposes set forth in the first section hereof. And said coinpany shall be holden to pay all damages that may arise to any person or persons. And if the person or persons to whom damage may arise, and the said company, cannot agree as to the amount of said damage, it shall be the duty of said company to apply to the judge of the county court, for the county of Fairfield, or to some one of the judges of the superior court, and to cause one week's notice to be given to the adverse party) of said application, and thereupon, said judge shall appoint three judicions, disinterested freeholders to assess the aniount of such damage. And said freeholders, after being sworn, shall give notice of the time and place of their meeting, on the business of their appointment, and they shall assess just damages to the person or persons whose real estate may be taken, which assessment shall be in writing, under the hands of said freeholders, and the same shall be returned to the clerk of the county court, who shall record it. Provided said plank road shall not be opened across the lands of any person until the damages so assessed to such person shall have been paid or secured to be paid to his satisfaction or deposited with the treasurer of the county of Fairfield, within sixty days after the same shall have been finally determined. And provided further, that in case the persons required by this charter to be notified shall reside out of this state or have no place of residence in this state, known to the occupant of the land over which said plank road passes, or to any of the directors of said company, then, in either case, the judge of the county court in and for the said county of Fairfield, may give an order of notice as in case of a bill of equity is authorized by statute to be given.

SEC. 6. When the lands or other property or estate of any femecovert, infant, or person non compos mentis, shall be necessary for the construction of said plank road, said lands may be taken, notice being given to the husband of such feme-covert, and the guardian of such infant, and the conservator of such person non compos mentis. And they may respectively release all such damages for any lands or estate taken and appropriated as aforesaid, as they might do if the same were holden in their own right respectively.

Sec. 7. Whenever it shall be necessary for the construction of their plank road to intersect or cross any stream of water or water-course, or any road or highway or turnpike road, it shall be lawful for said company to construct their road across or upon the same. But said company shall restore the said stream or water-course, or highway or road, thus intersected, to its former state, or in sufficient manner not to impair its usefulness. And said company shall have power, and it shall be lawful for said company to construct their road across or upon the Northfield turnpike road; provided the consent of said Northfield Turnpike Company shall, by a major vote of the directors of said turnpike company, last aforesaid, in a legal meeting of said turnpike company, have been obtained for that purpose previous thereto.

Sec. 8. Whenever it shall become necessary to use any part of a public highway for the construction of said plank road, it shall be lawful for said plank company to construct their plank road along and upon said public highway, having first obtained the consent and permission of the town in which said public highway may be situated, to use said highway for the constructing of said plank road along and across the same, at a special meeting of the inhabitants of said town qualified to vote in town meetings legally called for that purpose. Provided, that no toll gate shall be erected on any part of said plank road which is constructed along or upon such public highway.

SEC. 9. Whenever said company shall have completed the whole or any four consecutive miles of their said road, it may apply to the commissioners on said road or any two of them, to inspect said road or said part of said road so completed; and if said commissioners, or a majority of them, are satisfied on inspection, that the road or part so inspected is made and completed according to the intent and meaning of this charter, they shall grant a certificate to that effect, which shall be filed in the office of the county clerk for said Fairfield county. The commissioners shall be allowed three dollars per day and their expenses for their services.

SEC. 10. Upon filing such certificate as aforesaid, said company may erect one or more toll gates upon their road, but not within three miles of each other, and may demand and receive toll, not exceeding two cents per mile for any vehicle drawn by two animals; one-half cent per mile for every additional animal; for every vehicle drawn by one animal, not exceeding one cent per mile; for every horse and rider or led horse, not exceeding one-half cent per mile; for mules and cattle, sheep and swine, not exceeding one mill per mile, each.

SEC. 11. Said company may at any time extend their plank road to any point within the said town of Danbury.

ŠEC. 12. This resolution may at any time be altered, amended or repealed at the pleasure of the general assembly.

INCORPORATING THE NEW HAVEN AND SEYMOUR PLANK ROAD COMPANY.

PASSED 1852.

Upon the petition of William H. Ellis and others, praying for a plank

road between New Haven and Seymour, as per petition on file:

Resolved by this Assembly, SEC. 1. That William H. Ellis, Zelotes Day and William Hull, of New. Haven; Bevil P. Smith and Thomas Sanford, of Woodbridge; William A. Clark, of Bethany, and Sylvester Smith and Sharon Y. Beach, of Seymour, in New Haven county, together with such other persons as shall associate with them, be and they are hereby made and constituted a body politic and corporate, by the name of the New Haven and Seymour Plank Road Company, and by that name may sue and be sued, implead and be impleaded in any court in this state, and may ordain and establish such by-laws, rules and regulations as shall be necessary for the government and management of said company, not contrary to the laws of the United States or of this state. And said company may have a common seal, and the same may 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 and objects of this act as herein after set forth. And said company is hereby authorized and empowered to locate, construct, and finally complete and maintain a plank road from a point at or near Westville bridge, so called, in the town of New Haven, through the towns of Woodbridge and Bethany, to some suitable point in the town of Seymour, in such ronte as shall be deemed most expedient. The track of which plank road shall be made of timber, plank or other hard material, so that the same shall forni a hard and proper surface. And for the purpose of constructing said plank road, the said company is hereby authorized to lay out their road, not exceeding four rods wide, through the whole length; and for the purpose of cutting and embankments, 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, that all damages that may be occasioned to any person or corporation by the taking of any such land or materials aforesaid, shall be paid for by said company, in manner as herein after provided.

Sec. 2. The capital stock of said company shall not exceed one hundred thousand dollars, and shall be divided into shares of twenty-five dollars each, which shares shall be deemed personal property, and be transferred in such manner and at such places as the by-laws of said company shall direct.

SEC. 3. The persons named in the first section hereof, 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, may appoint, and shall give such notice of the times and places of opening said books as they may deem reasonable, and shall receive said subscrip. tions under such regulations as they may adopt for the purpose; and when four hundred shares of the capital stock of said company shall be

subscribed, they shall have the power to make the shares so subscribed the capital stock of said company. And they are further authorized, after said number of shares have been subscribed, to call the first meeting of the stockholders of said company, in such way and at such time and place as they may appoint, for the choice of directors of said company; each share shall entitle the holder thereof to one vote, which vote may be given hy said stockholder in person or by lawful proxy. And the annual meeting of the stockholders of said conipany, for the choice of directors, shall be holden at such time and place and upon such notice as the said company may prescribe.

SEC. 4. The immediate government and direction of the affairs of said company, in cases not herein otherwise provided for, shall be vested in a board of not less than seven directors, who shall be chosen by the stockholders of said company, in the manner provided for herein, and shall hold their offices until others are duly elected and qualitied to take their places as directors. And the said directors (four of whom shall be a quorum for the transaction of business) shall elect one of their number to be president of the board, who shall also be president of the company. They shall also choose a clerk, who shall be sworn to a faithful discharge of his duty, and a treasurer, who shall give bonds with surety to the company, in such sum as the said directors shall require, for the faithful discharge of the duties of his trust. And in case it shall so happen that an election of director's shall not be made on any day appointed by the bylaws of said company, said company 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. 5. Said company is hereby authorized to purchase, receive and bold 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 to be designated by the directors, and approved by the county commissioners for the county of New Haven for the time being, after such notice given, as the said commissioners shall deem reasonable, to the person whose lands may have been taken, and after hearing all objections which may, by such persons, be made to the location made by said directors, as to the location, line, course, road or way whereon to construct said plank road. And it shall be lawful for said company to enter upon and use all such lands and real estate as may be necessary for them, in the manner and for the purposes set forth in the first section hereof. And said company shall be bolden to pay all damages that may arise to any person or persons. And if the person or persons to whom damage may arise, and said company, cannot agree as to the amount of said damage, it shall be the duty of said company to apply to the judge of the county court for the county of New Haven, and to cause one week's notice to be given to the adverse party of said application, and thereupon said judge shall appoint three judicions and disinterested freeholders to assess the amount of such damage. And said freeholders, after being sworn, shall give notice of the time and place of their meeting on the business of their appointment, and they shall assess just damages to the person or persons whose real estate

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