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Resolved by this Assembly, That the respondents, “The Middletown and Meriden Turnpike Company,” be authorized to remove and erect their gate on any part of said road between the place where it is now erected, in front of the dwelling house of the said Miles Hall and Crooked Lane, so called, situate easterly of said dwelling house, in said Middletown, one half a mile easterly from said dwelling house.
INCORPORATING THE MILLINGTON TURNPIKE COMPANY.
Resolved by this Assembly, That Ansel Hungerford and George Gates, together with such other persons as shall hereafter associate with them, be and they are hereby made and constituted a body politic and corporate, by the name of "The Millington Turnpike Company," and by that name may sue and be sued, plead and be impleaded, defend and be defended in any court; to ordain and establish such by-laws and regulations as shall be necessary for the government and management of said company, and the raising of such sum or sums from the stockholders in said company, as may be necessary and expedient to carry into effect the objects of said company, not contrary to the laws of this state; always provided, that said company shall pay and satisfy the several sums assessed by the committee herein after appointed for that purpose, as damages to the persons and corporations, through whose land said road may
Be it further resolved, That Eli Warner, of Chester, Joseph Chidsey, of Durham, and David 'Evarts, of Killingworth, and all in Middlesex county, be a committee, who are hereby empowered to go out at the expense of the petitioners to view said route ; commencing at Comstock's ferry in Lyme, and running past the Congregational meeting houses in the societies of Hadlyme and Millington, in the town of East Haddam, and thence near the dwelling house of Ebenezer Fox, in said East Haddam, in a northeasterly direction, running near the head of Newton's pond, till it meets the Hartford and New London turnpike road, about a mile south of the center of the village of Colchester; and if they judge it of public necessity and convenience, to survey and lay out said road between the points aforesaid, where in their opinion it will best accommodate the public; and assess the damages done thereby to individuals and corporations, first giving notice of the time of their meeting, by setting up an advertisement upon a public sign-post in each of the towns of Lyme and Colchester, in New London county, and East Haddam, in Middlesex county, nearest said route, at least ten days previous to their meeting ; and said committee shall make report of their doings to the county court to be holden in the county of Middlesex, next after said road shall have been surveyed and laid out.
And said county court shall have power to hear and determine by themselves, or a committee to be appointed by them, all applications for reassessment of damages done thereby to individuals and corporations; which re-assessment so made by said court, shall be final and conclusive; and upon acceptance thereof by said court, said road, so surveyed and laid out by said committee, shall be established as a turnpike road ; provided the same shall be assumed and made by the company hereby incor.. porated for that purpose; and said road may be used as a public highway, whenever said company shall be formed to make the same, pursuant to the act of incorporation.
Be it further resolved, That the affairs of the company, in cases not herein otherwise provided for, shall be governed and conducted by a board of not more than five directors, to be chosen by the stockholders of said company, in general meeting; and said directors shall choose one of their number for a president; and the said Ansel Hungerford and George Gates, or either of them, may call the first general meeting of said company, at such time and place as they may appoint, giving at least two weeks' notice thereof, in some newspaper printed at Middletown, in said Middlesex county; after which said first meeting, the times and places of meeting and manner of calling the same, shall be regulated by the bylaws of said company ; but a general meeting shall be held annually. All officers chosen by said company shall hold their respective offices until others are chosen in their stead.
The capital stock of said company shall be divided into shares of one hundred dollars each, shall be transferable on the books of said company, in such manner as their by-laws shall direct, and shall be deemed and held as personal property, and each share shall entitle the holder thereof to one vote in all meetings of said stockholders; the company may purchase and hold all such land and other real estate as may be necessary and convenient for them in accomplishing the purposes of their incorporation.
And be it further resolved, That said company shall make and keep in repair said road, and all necessary bridges thereon. And after said road and bridges shall have been made and completed to the satisfaction of the commissioners, who may be hereafter appointed on said road, and a certificate is received from them that said road is accepted, it shall be lawful for said company to erect and establish thereon one whole gate and one half gate, at such places as the said commissioners shall direct, and at any time hereafter, with the consent and approbation of said commissioners, to remove and change the location of the same, or either of them, to such other place or places as the said commissioners may direct; and the following rates of toll may be collected by said company at the said whole gate, which may be erected as aforesaid, viz:
For each stage, coach, barouche, phaeton, or other four wheel
pleasure carriage, drawn by two horses,
by one horse only,
6 12 6
Co er C or
Cents. Mills. For each ox cart or wagon loaded,
5 For do not loaded,
6 3 For each man and horse,
4 For horses, mules, and cattle, each,
1 For sheep or swine, each,
5 And at the half gate, half of each of said sums.
Provided always, that persons traveling to and from public worship, funerals, society, town, or electors' meetings, all officers and soldiers going to and from military duty, by order of law, all persons going to and from grist mills, or on their ordinary farming business, and not traveling more than three miles on said road, shall not be liable to pay toll at said gate, but shall be exempted therefroin.
MOHEGAN TURNPIKE ROAD, AND THE DUTY, ETC. OF THE COMMISSIONERS
ON SAID ROAD.
Resolved by this Assembly, That the commissioners appointed from time to time on the Mohegan turnpike so called, in the county of New London, shall have the care and direction of the gate now established on the stage road leading from the town of Norwich, through the territory of the Mohegan Indians, and the towns of Montville and Waterford, to the town of New London; and after the expiration of the time for which the tolls at said gate have been granted to the towns of Montville and Waterford, all the tolls collected at said gate, after deducting the expenses of collecting the same, shall be received and expended by said commissioners in the repair and maintenance of the whole of said road leading from the Wharf Bridge in Norwich to the line of the city of New London, in the manner following, viz: said commissioners shall, out of the avails of said tolls, first keep in complete repair so much of said road as passes through the territory of said Mohegan Indians, and the remainder of the avails
of said tolls, as the same shall be collected from time to time, they shall expend, or so much thereof as shall be necessary, in keeping in complete repair so much of said road as lies in said towns of Montville and Waterford, and the remainder of the avails of said toll, if any there be, they shall expend on so much of said road as lies in said town of Norwich.
Provided always, that nothing herein contained shall be construed to exempt either of said towns of Norwich, Montville or Waterford from any duty or liability in respect to said road or the bridges thereon, which is now imposed upon them by law.
Resolved further, That said commissioners shall annually render and settle their account of the moneys received and expended as aforesaid,
with the county court for the county of New London ; and said court shall have authority to make and execute all such orders as shall be necessary to give effect to the aforesaid resolutions.
DISCONTINUING THE MOHEGAN TURNPIKE ROAD.
Upon the petition of William G. Johnson and others, inhabitants of the towns of Norwich, Montville and Waterford, in the county of New London, showing
to this assembly, that said assembly at the May session of the same, A. D., 1792, by a resolve passed at said session, authorized the establishment of a toll-gate on the public road from said town of Norwich to the town of New London, through the said towns of Montville and Waterford, and through the tract of land located in said town of Montville, known as the Mohegan reservation: praying that said gate may be abolished and said road discontinued as a turnpike road, and that the same may hereafter be and remain a part of the public highways in the respective towns within which it is situate, to be kept in repair by such towns, so far as public necessity and convenience shall require, as per petition on file, dated April 20th, A. D. 1852:
Resolved by this Assembly, That the road from Norwich to New London, passing through the towns of Montville and Waterford, known as the Mohegan turnpike, be and the same hereby is discontinued as a turnpike road, and the toll gate on the same abolished and removed from and after the third Tuesday of July, A. D. 1852; and said road, after that date, shall be and remain a part of the public highways in the respective towns within which it is situated, to be treated in all respects by said towns respectively, as public convenience and necessity may require, in the same manner as though said road had originally been made and laid out by the said towns, according to the provisions of the statute law of this state in such cases made and provided; and that all moneys received from toll on such road, then in the hands of the keeper of the toll gate on the same, after deducting such sum as is necessary to defray all expenses connected with the discontinuance of said road as a turnpike road, be expended under the direction of the present commissioners on said road in putting in proper repair that part of said road lying within the limits of said Mohegan reservation in said town of Montville.
ALTERING THE CHARTER OF THIE MONROE AND NEWTOWN TURNPIKE COM.
· Upon the petition of the Monroe and Newtown Turnpike Company, pray
ing for an alteration in their charter:
Resolved by this Assembly, That the charter of said company be amended and altered in the manner following, viz: striking out of the same, immediately after the words, “ the whole of the following rates of toll,” the following words and figures, to wit:
Cts. Mills. “Each coach and each stage coach, drawn by four beasts, 25 0
coach and each stage coach, drawn by two beasts, 12 5
5 additional beast,
3 0 one horse wagon,
61 additional wagon for carrying passengers,
3 0 cart drawn by one horse,
4 loaded cart or wagon for conveying merchandise, or loading, drawn by four horses or oxen,
12 5 do. additional beast,
2 0 man and horse,
4 0 Cattle, horses and mules, led or drove, each,
1 0 Sheep, goats and swine, each, ·
0 5" And inserting in lieu thereof, the following words and figures, to wit:
Cts. Mills. Each coach and each stage coach, drawn by four beasts, 25 0 coach and each stage coach, drawn by two beasts,
12 5 additional beast,
67 barouche or other carriage, drawn by one horse, wagon excepted,
12 5 additional beast,
3 0 wagon drawr. by one horse,
67 additional horse,
3 0 cart drawn by one horse,
4 0 loaded cart drawn by two or four oxen,
12 5 empty do.
2 0 loaded sled, drawn by two or four oxen,
8 0 "
4 0 loaded sleigh, drawn by two horses,
8 0 empty do. do.