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, that 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 be deposited with the treasurer of the county of New Haven, 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 said New Haven county, 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 feme-covert, 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 railroad, it shall be lawful for said company to construct their plank road across or upon the same. But said company shall restore the said stream, or water-course, or road, or highway, or railroad thus intersected to its former state, or in sufficient manner not to impair its usefulness.

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 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 upon 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, nor upon a part of any turnpike road, now used as a free road by the public, where such gate will prevent free passage upon said public highway or turnpike road.

SEC. 9. Whenever said company have completed the whole or any four consecutive miles of their road, it may apply to the commissioners aforesaid or any two of them, to inspect said road or 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. 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 three cents per mile for any vehicle drawn by two animals; and for any vehicle drawn by more than two animals, one-half cent per mile for every additional animal; for every vehicle drawn by one animal, not exceeding one cent and a half 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. This resolution may at any time be altered, amended or repealed, at the pleasure of the general assembly.

INCORPORATING THE SALISBURY PLANK ROAD COMPANY.

PASSED 1858.

Upon the petition of Leonard Richardson and others, praying for the incorporation of a plank road company, as per petition on file:

Resolved by this Assembly, SEC. 1. That Leonard Richardson, John H. Hubbard, Alexander H. Holley, Horatio G. Vandusen, Walter R. Whittlesey, John G. Mitchell, Benjamin H. Wheeler, William H. Barnum, Robert Bostwick, Thomas B. Bosworth, Milo Barnum, Horatio Ames, Samuel S. Robbins, Andrew J. Wardwell and William Caul, of Salisbury, together with such other persons as shall associate with them, be and they are hereby constituted a body politic and corporate, by the name of "The Salisbury 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 goverment 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 change and alter 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 in the town of Salisbury, in the county of Litchfield, commencing at the western border of said town at some suitable point in the division line between the states of Connecticut and New York, and within the limits of the present highway leading from the Harlem Railroad past the dwelling-house of William Kelsey in said Salisbury, to the old ore hill in Salisbury, and running from said point easterly within the limits of said highway to the old ore hill past the store of Philip Rockerfeller, thence easterly within the limits of the present highway leading from said Rockerfeller's store at said old ore hill, past the dwelling-house of Samuel Fitch, to Lakeville, thence through the village of Lakeville on

the south side of William Bundy's shop, within the limits of the present highway leading from said Lakeville, past the shop of said Bundy, the town asylum and the dwelling house of Alexander Smith to the dwelling-house of Thomas B. Bosworth to some suitable point at the foot of the mountain, near and west of said Bosworth's house, where said last mentioned highway is intersected by the highway leading northerly and southerly from the dwelling house of Chauncey Reed to Lime Rock, thence southerly from said point within the limits of said last mentioned highway to Lime Rock, past the store of Richardson, Barnum & Co., thence continuing easterly within the limits of the present highway to some suitable point west of, and near the burying-ground in Lime Rock, then turning northerly as said highway runs and within the limits of said highway, past the dwelling-house of James Ensign to the west end of the bridge over the Housatonic river at Falls Village; said road to be laid and constructed wholly and entirely within the limits of the highway herein before mentioned and described, and not to exceed in width in any place the width of said highway. The track of said plank road shall be made of timber, plank or other hard material, so that the same shall form a hard and even surface; and said corporation may make such cuttings and embankments and obtain gravel, dirt, stones and other material for the proper construction and security of said road as they may require; provided, all damages for land, franchises and interests, and injuries to any person or persons, or corporations, shall be estimated and paid as herein after prescribed.

SEC. 2. The capital stock of said road shall not exceed thirty thousand dollars, to be divided into shares of twenty-five dollars each, and shall be deemed personal property, and be transferred and assigned in such manner as said corporation may hereafter prescribe.

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, after they shall have given such notice of the times and places of opening said books as they may deem reasonable; and they may thereupon receive such subscriptions under such regulations as they may adopt for the purpose; and when one hundred shares of the capital stock of said company shall be subscribed for, they shall have power to make the shares so subscribed for, the capital stock of said company; and afterwards they may call the first meeting of the stockholders of said company, in such manner and at such time and place as they may appoint, for the choice of directors of said company.

SEC. 4. Annual and special meetings of the stockholders of said company may be holden at such times and places and upon such notice as said company may prescribe. At all meetings of stockholders, each share shall entitle the holder thereof to one vote, which vote may be given by said stockholder in person or by lawful proxy. 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 five directors, who shall be stockholders of said company, and shall hold their offices until others are duly elected and qualified to take their places as directors. Said directors (three 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, and shall also choose a clerk of

said company, 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 directors may require for the faithful discharge of his trust. 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 shall not for that cause be deemed to be dissolved, but such election may be holden on any subsequent day which shall be appointed by the directors of said company. And said directors shall have power to fill any vacancy in their number which may occur by death, resignation or otherwise.

SEC. 5. Said company is hereby empowered to locate, construct and finally complete and maintain a plank road in said Salisbury, within the limits and boundaries designated and fixed in the first section of this act, in such place as shall be deemed most expedient; and said company may purchase, receive and hold such real estate as may be necessary and convenient in effecting the purposes of this act of incorporation; said company may also take and use for the purposes designed by this act of incorporation all land and real estate included within said location of said road, and shall pay all damages occasioned by the laying out, making and maintaining of said road, which damages shall be assessed, determined and paid in the manner provided for railroad companies by section ten of" An act in addition to An act relating to Railroad Companies," passed May session, 1849: provided, that whenever said plank road shall be located and constructed along, across, or upon any water-course or stream, said company shall so far restore to its former state such water-course or stream so crossed or used by them, as to leave its usefulness unimpaired; and provided also, that said company shall, before the laying and construction of said plank road, obtain the consent and permission of said town of Salisbury to use said highway described in the first section of this act, for the constructing of said plank road along, across, and upon the same, by a major vote of the legal voters of said town, at a special meeting of the inhabitants of said town, qualified to vote in town meetings legally called for that purpose.

SEC. 6. Whenever said company shall have completed the whole or any three 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 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 Litchfield county. The commissioners shall be allowed two dollars per day for their services.

SEC. 7. 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 three 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 and a half cents 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. 8. This resolution may at any time be altered, amended or repealed at the pleasure of the general assembly. Provided, that nothing

in this resolve shall be so construed, as to allow said company to take, occupy or use any part of the public highways therein described, until the damages which shall accrue to any person owning land adjoining any part of such highways or the fee of such highways, by the taking of the same for the purposes of said company, shall have been assessed and paid to them, under and pursuant to the provisions of the tenth section of an act relating to railroad companies, passed May session, A. D. 1849.

INCORPORATING THE STAMFORD, NEW CANAAN AND RIDGEFIELD PLANK ROAD COMPANY.

PASSED 1851.

Resolved by this Assembly, SEC. 1. That John W. Leeds, Chauncey Ayres, Caleb S. Benedict, S. E. Ogden, William Lee, J. M. Gilbert and Cyrus M. Ferris, together with such other persons as shall associate with them, be and they are hereby inade and constituted a body politic and corporate, by the name of the Stamford, New Canaan and Ridgefield 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 some suitable point in the town of Stamford, through the town of Darien, to some suitable point in the town of New Canaan, with permission to extend said plank road to and into the town of Ridgefield, in such route 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 form a hard and even 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 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; which shares shall be deemed personal property, and be transferred in