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elsewhere; to make and have a common seal, and the same to break and renew at pleasure; also to make, ordain, establish and put in execution such by-laws, ordinances and regulations as shall be deemed necessary and convenient for the well ordering and government of said corporation, not being contrary to this act and the laws of this state and of the United States; and to do and execute, all and singular, the matters and things which to them may or shall appertain to do, subject to the rules, regulations and provisions herein after prescribed.
Seo. 2. The capital stock of said company may consist of two hundred thousand dollars, with the privilege of increasing the same to three hundred thousand dollars, to be divided into shares of twenty-five dollars each; which shares shall be deemed personal property, and be transferable 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 subscription for the capital stock of said company, at such times and places as they, or a majority of them, shall direct, and shall give such notice of the times and places of opening said books as they may deem reasonable; and shall receive said subscriptions, under such regulations as they may adopt for the purpose, and in case an amount not less than fifty thousand dollars shall be subscribed to the capital stock of said company, they may, at their discretion, close the books of subscription, and proceed to the organization of said company, as herein after provided.
Sec. 4. The government and direction of the affairs of said company shall be vested in a board of not less than five nor more than nine directors, who shall be chosen by the stockholders of said company, in the man. ner herein after provided, a majority of whom shall be residents of the city of Bridgeport. Said directors shall hold their offices till others are duly elected and qualified to take their places as directors; and the said directors (any 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 said company. They shall also choose a clerk and a treasurer; which treasurer shall give bonds, with security, to said company, in such sum as said directors may require, for the faithful discharge of his trust.
Sec. 5. The persons authorized by the third section of this act to open books for subscription to the capital stock, are hereby authorized and directed, after the books of subscription to the capital stock of said company are closed, 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; and in all meetings of the stockholders of said company, each share shall entitle the holder to one vote, which 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 said company in their by-laws may prescribe; and in case it shall so happen that an election of directors shall not be made on the 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 day which shall be appointed by the directors of said company, and said directors shall have power to fill any vacancies in their own number, which may occur by death, resignation or otherwise.
SEC. 6. The directors shall have full power to make and prescribe such by-laws, rules and regulations as they shall deem needful and proper, touching the disposition and management of the stock, property, estate and effects of said company, not contrary to the laws and constitution of the United States and of this state, or the provisions of this act—the transfer of shares, the duties and conduct of their officers and servants; also for the election and meeting of their directors, and other matters appertaining to their business and concerns; and may appoint as many officers and servants, with such salaries as shall to them seem necessary ; and the said board of directors shall have power to make and declare such dividend and dividends among the stockholders, from time to time, as the profits and earnings of the business of said company shall enable them to do.
Sec. 7. 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 requisitions of the board of directors, the stock of such stockholders, or so much thereof as shall be necessary, may be sold by the direction of said corporation, at public auction, after the lapse of sixty days from the time when the payment became due; and all surplus money, the avail of such sales, after deducting the payments due, and interest thereof, and the necessary expenses of the sale, shall be paid over to such negligent stockholder.
Sec. 8. Said company shall have full power, and they are hereby authorized and empowered to open the grounds in any streets, lanes, avenues, highways and public grounds, for the purpose of laying down and sinking, or for repairing such pipes or conduits as may be necessary for conducting to and distributing water within the city of Bridgeport, or its vicinity, under the direction and by the consent and agreement of the mayor, aldermen and common council of the city, and the selectmen of the town of Bridgeport respectively, and the duration of said openings and excavations shall be regulated from the rules prescribed by the said common council and the selectmen of the town of Bridgeport. And the said company may, for the purposes aforesaid, carry and conduct any aqueduct, or other works by them to be made and constructed, over or under any water-course, street, turnpike road, railroad, highway or other way, or public grounds, provided they put such water-course, street, turnpike road, railroad, highway or other way, in as good and perfect condition as before laying or constructing of said aqueduct or other works.
Sec. 9. The said company shall have full power and are hereby authorized and empowered, under the provisions of this charter, herein after named, to construct, repair and maintain such reservoir or reservoirs as they may deem expedient or necessary; to take and use the water of any stream or streams; and to construct, repair and maintain such canals or aqueducts as may be now or may hereafter become necessary or convenient for the conveyance of water to such point as they may desire, in or near the city of Bridgeport; to remove such nuisances as now exist, and to prohibit the erection of others upon such stream or streams as may be used by said company. In no wise injuring the vested rights of any person or persons, or corporation or corporations, without making compensation therefor.
Sec. 10. The said company shall be liable to pay all the damages that shall be sustained by any person or persons, or corporations, in their property or estate, by the taking of any land or real estate, as aforesaid, or the constructing or laying of any pipes, aqueducts, reservoirs or other works for the purpose of this act. And it, at any time, it shall appear that any damage has occurred or may be likely to occur to any person or persons, corporation or corporations, by reason of the taking of their land or estate for the purpose of this act, or in the construction of the works of said company, and such persons or corporations have not agreed with said
, company, in writing, for such damage, land or estate, the said company, or persons or corporations, may apply to the superior court for Fairfield county, or to any judge of the superior court, who may, by law, judge between the parties, causing ordinary legal notice, or such notice as any judge of said court may prescribe, to be given to the adverse party of such application; and thereupon said superior court, or such judge, shall appoint three disinterested and judicious persons, (any vacancies in such number which may occur to be filled by said court or judge,) who shall, after reasonable notice to the parties, assess just damages, if any, to the respective owners or parties interested in the premises so required and taken, for the purposes of this act; which assessment shall be in writing, under the hand of said persons, and shall be final, and shall be returned (with the application) to the clerk of said superior court, who shall record it; and said company shall pay to such owner or parties the damages so assessed, and when so paid, may enter upon the premises, and may proceed to the construction of their said works; or, in case the owner or parties aforesaid cannot be then ascertained, shall pay the same, within thirty days, to the treasurer of the county of Fairfield, to be by him paid to such person or persons as said court shall direct.
Sec. 11. When the lands or other property or estate of any married woman, infant or person non compos mentis, shall be necessary for the purposes of this act, the husband of such married woman, and the guardian of such infant or person non compos mentis, may, in such cases, be notified, and may release all damages for any lands or estate necessary, or taken as aforesaid, in the same manner as they might if the said land or estate were holden in their own right respectively.
Sec. 12. The occupant of any house, tenement or building, who shall take the water of said company, shall be liable for the price or rent of the same; and the agents of the company, intrusted with the superintendence of the works, may, at all reasonable times, enter all premises so supplied, to examine the pipes and fixtures, and prevent any unnecessary waste. And if any person or persons shall, without consent of said company, nse any of the said water, either within or without the city, an action of trespass on the case may be maintained against such person or persons by said company, for the recovery of damages therefor.
Sec. 13. If any person or persons shall willfully, wantonly or maliciously divert the water, or any part thereof, of any of the aqueducts, reservoirs, streams, water or water sources, which shall be taken, used or constructed by said company, or shall corrupt the same, or render it impure, or commit any nuisance therein, or shall bathe within the limits that may be taken or prescribed by said company, pursuant to the provisions of this act; or shall destroy or injure any aqueduct, pipe, reservoir, conduit, hydrant, machinery, building, structure or other property, held, owned or used by said company, by the authority or for the purposes of this act, every such person or persons shall be liable to said company in treble damages therefor.
Sec. 14. The said company shall cause to be kept at their office proper books of accounts, in which shall be fairly and truly entered all the transactions of the company, which books shall at all times be open for the inspection of the stockholders of said company, and of commissioners that may be appointed by the general assembly.
Sec. 15. And said company shall have power and authority to issue its bonds to an amount not exceeding one-half the actual expenditure of said company in the purchase of real estate, machinery, and in the erection of buildings and the operations incident to the completion of its works for the purposes herein specified. Said bonds to bear a rate of interest not exceeding seven per cent. per annum, which interest shall be payable semi-annually, and shall in no case be issued for a less sum than one hundred dollars.Said bonds to be countersigned by the commissioners of said company, that are herein or may hereafter be appointed by the general assembly, and to be certified by said commissioners on their face to be for an amount not exceeding the one-half said expenditures, and said bonds, when so issued by said company, shall be and remain a lien and incumbrance, in the nature of a mortgage, prior to any other incumbrance on said property, and said commissioners shall annually make return to the town clerk's office of the town of Bridgeport, stating the amount so issued by said company.
Sec. 16. This act shall be subject to be altered, amended or repealed at the pleasure of the general assembly.
Resolved, That Charles B. Foot and W. H. Noble be commissioners to issue bonds as aforesaid.
Sec. 17. If said company shall fail to comply with, and in all respects to perform the terms, conditions, stipulations and provisions contained in the proposition of the said Nathaniel Green relative to supplying said city with water, on file in the office of the city clerk of said city, reference thereto being had, then all the rights, powers and privileges conferred by this act shall cease and determine.
INCORPORATING THE CANTERBURY AQUEDUCT COMPANY.
Resolved by this Assembly, That Andrew T. Judson, Isaac Knight, Job Angel and Joseph Palmer, and all such other persons as may be from time to time associated with them, together with their successors and assigns, are hereby made, created and constituted a body corporate and politic, by the name of “The Canterbury Aqueduct Company,” for the purpose of conducting into the village of Canterbury, by means of subterraneous pipes, water, for the use, convenience and safety of said corporators and their successors. And the said Canterbury aqueduct company, by that name, are hereby made capable in law to have, purchase, receive, possess, hold and enjoy, to them and their successors, lands, tenements, hereditaments, leases, goods, chattels and estate, of what kind and qnality soever, and the same at pleasure to sell, grant, alien and dispose of, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all courts in this state or elsewhere, both in law and equity; and also to make, ordain, establish and put in execution, by suit or otherwise, such by-laws, ordinances and regulations as may be deemed necessary for the well ordering and government of said corporation, not being contrary to this act, the laws of this state, or of the United States; which said by-laws, ordinances and regulations said corporation is hereby empowered to make.
Seo. 2. The capital stock and property to be held by said corporation may consist of any sum not exceeding one thousand dollars; and the capital stock thereof may be divided into such number of shares, and at such value and sum for each, as the corporation may deem proper; and the shares may be transferable and assignable in such manner as the by-laws of the said corporation may provide.
Sec. 3. The corporation may from time to time apportion to each share the quantity of water to be drawn by each proprietor of a share, and the size of the branch pipe to be used by such proprietor; and in case any one stockholder or proprietor shall be the owner and holder of more shares than one, then said corporation may apportion to him, if so desired, the size of the branch pipe or number of pipes and quantity of water to be drawn from the main aqueduct by him. Sec. 4. There shall be a meeting of the members of said corporation
a on the 8th day of June, 1843, in said Canterbury, or on such other day as may be designated in a written notice by one of the corporators above named, on the sign-post of the first society of Canterbury, at least five days before the day designated for such meeting; and when met in the manner above mentioned, said corporation may elect a president, secretary, treasurer and two directors; and thereafter the annual meetings of said corporation shall be holden on some day in May, to be specified in the by-laws of said corporation, and said officers shall be elected annually. The presideut shall preside at all meetings, and call special meetings when he may think proper. The treasurer shall collect from time to time all such moneys, installments, assessments and taxes as may be required by vote of said corporation, and pay the same out on such orders as the directors may give. The secretary shall be sworn to a faithful discharge of his trust, and record all the proceedings and doings of the corporation. The directors shall have the management of the financial affairs of said corporation, making their report annually of all their doings.
Sec. 5. Each stockholder, at any meeting of the corporation, shall be entitled to give as many votes on each question as he may own shares;