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thereof, notwithstanding; provided, that all contracts, subscriptions, engagements and proceedings of whatever kind or nature which shall have been, or shall be hereafter made, entered into, begun, contracted, commenced or instituted, by or with either of said companies, under their several names and charters, may be completed, enforced and carried into effect under said several names and charters, or either of them, or the provisions of this act, as to said Hartford, Providence and Fishkill Railroad Company, its officers and agents, may seem most convenient or expedient, as fully and in the same manner as if no union of the companies had taken place, and shall enure to the benefit and use of the said Hartford, Providence and Fishkill Railroad Company, its successors and assigns, excepting always from the operation of this proviso the subscriptious and liabilities of the original subscribers (or their legal representatives) to the stock of the said New York and Hartford Railroad Company; and further provided, that all appeals that may be hereafter taken, under the provisions of the charter of said Hartford and Providence Railroad Company, from any decision of the commissioners of said railroad, shall be taken to the superior court of the county in which the premises, in respect to which the difference may arise, shall be situated ; and said court may thereupon appoint, as under the provisions of the eighth section of this act, three disinterested and judicious persons, who shall act on such appeal.
SEC. 15. Nothing herein contained shall be construed to prejudice or impair any of the rights vested in either of the following companies, viz, the Hartford and New Haven Railroad Company, the Housatonic Railroad Company, the New Haven and New York Railroad Company, or the New Haven and Northampton Company, or the Naugatuck Railroad Company. And between Hartford and the Housatonic Railroad, said Hartford, Providence and Fishkill Railroad Company shall so build as to form a continuous line or lines of railroad westerly from Hartford.
Sec. 16. Said Hartford, Providence and Fishkill Railroad Company shall not, in constructing their railroads, change or alter either the grade or line of any other railroad, without the consent of the corporation or persons owning such other railroad.
Sec. 17. Said company shall have no power to enter upon, take or use any depot, or depot or station lands, belonging to the New London, Willimantic and Palmer Railroad Corporation, without the consent of such corporation.
Sec. 18. This act may at any time be modified, altered or repealed at the pleasure of the general assembly.
AMENDING THE CHARTER OF THE HARTFORD, PROVIDENCE AND FISHKILL
Resolved by this Assembly, Sec. 1. That the Hartford, Providence and Fishkill Railroad Company are hereby authorized to enter upon, take and
use any depot or depot and station lands belonging to the New London, Willimantic and Paliner Railroad Company, without their consent; (provided, said Hartford, Providence and Fishkill Railroad Company shall furnish to the New London, Willimantic and Palmer Railroad Company, in exchange for lands so taken, depot lands and accommodations substantially equivalent to those so taken, and now owned and enjoyed by them ;) and also said Hartford, Providence and Fishkill Railroad Company may lay out, locate and construct their railroad upon and alter and change the line and grade of the road of said New London, Willimantic and Palmer Railroad Company, without their consent, so far as may be necessary or expedient for the extension of their railroad; and may take such other lands or real estate, in addition to those now used, owned or taken by the New London, Willimantic and Paliner Railroad Company, as may be necessary for the construction, accommodation and security of both or either of said roads, their depots and turnouts, and for changing the same or either of them.
SEC. 2. In case said companies shall not agree as to the changes and exchanges above specified or authorized, or the mode or manner of them, they shall be made and completed to the approval and acceptance of three disinterested and judicious persons, to be appointed by the superior court or any judge thereof, on the application of said company, and any damages that may thereby be sustained by the New London, Willimantic and Palmer Railroad Company, shall be ascertained by such referees, according to the charter of said Hartford, Providence and Fishkill Railroad Company, and their decision shall be final.
Sec. 3. In making the changes above authorized, the New London, Willimantic and Palmer Railroad Company shall be left or provided at all times with a track for the use of the trains of their road, so as not to interrupt the travel and transportation on said road. And when said changes are completed, the road and property of the said New London, Willimantic and Palmer Railroad Company shall be left in as good condition as at the time of making such changes, so as not to impair its usefulness, to the acceptance of said New London, Willimantic and Palmer Railroad Company, or in case the two companies do not agree thereupon, or in default thereof, such damages, if any, shall be assessed as said referees may deem reasonable and just. And the expense of making the changes in the road and structures of the New London, Willimantic and Palmer Railroad Company, shall be borne by the said Hartford, Providence and Fishkill Railroad Company.
Sec. 4. Whenever a dividing line for use or ownership shall have been established between the respective roads of said companies, the title or interest either company may possess in whatever of its land or estate is taken by or relinquished to the uses or ownership of the other, may be released to the company by which it is so taken or to which it is so relinquished, by the other company and the trustees for their bondholders, and in virtue of such releases, the releasees shall hold and enjoy in such land or estate so released, the same rights, uses and privileges which theretofore were held and enjoyed therein by the releasors.
Sec. 5. Whenever any person or corporation is interested in any road or highway, or any stream or water-course, which said company may have intersected, changed, crossed or taken, and such person or corporation
claims that said stream or water-course or road or highway, is not by said company restored to its former state, or in sufficient manner not to impair its usefulness or is not put in as good condition as at the time of changing or altering the same, then in all such cases application may be made by said company to the superior conrt or any judge thereof, and thereupon, after due notice given, said court or judge shall appoint three disinterested and judicious persons, who shall be sworn, and hear and determine said claim, and shall have power to determine whether anything further shall be done by said company to comply with their charter or to restore the same to their former state or usefulness; and their certificate, under oath, that said company have so restored the same or complied with the provisions of their charter in the matters aforesaid, shall be final and conclusive upon the parties.
Sec. 6. So much of the eighteenth section of the original charter of said
company, being the charter of the “ Manchester Railroad Company," as requires an annual report to the comptroller of public accounts, is hereby repealed.
Sec. 7." This act may at any time be amended, altered or repealed at the pleasure of the general assembly.
CHANGING TIME OF ANNUAL MEETING OF THE HARTFORD, PROVIDENCE
AND FISHKILL RAILROAD COMPANY.
Resolved by this Assembly, Sec. 1. That the day for the annual meeting of the stockholders of the Hartford, Providence and Fishkill Railroad Company be and it is hereby changed from the first to the fourth Monday of June in each year, and may be further changed by the said company, at a meeting specially warned for that purpose, as they shall from time to time find it necessary or expedient.
Sec. 2. This act shall take effect immediately, any law to the contrary notwithstanding.
AMENDING THE CHARTER OF THE HARTFORD, PROVIDENCE AND FISHKILL
Resolved by this Assembly, Sec. 1. That the union made by the Hartford, Providence and Fishảill Railroad Company with the Providence and 'Plainfield Railroad Company, incorporated by the general assembly of the state of Rhode Island and Providence Plantations, is hereby validated and confirmed. Provided, that the security of any and all bonds issued, and that may hereafter be issued by or under the name of the Hartford and Providence Railroad Company, or the Hartford, Provi
dence and Fishkill Railroad Company, within the amount limited by their charter, and purporting to be secured by any mortgage or mortgages in this state, shall in no way be prejudiced or impaired by reason of the said union or of this resolution, but shall be and remain valid, both at law and in equity, to all intents and purposes.
Sec. 2. The capital stock authorized to be issued by said company may be further increased by the amount of one million dollars, being the amount of the capital stock of the said Providence and Plainfield Railroad Company; and upon their connection in joint stock or common interest with any other company, in this or any other state, their said capital stock may be further increased by the amount authorized to be issued by such other company;
Sec. 3. Wherever it shall be necessary for the proper construction, or for the security or protection of said railroad, to change or alter, in any way, any stream of water or water-course, the necessary lands or real estate may be taken therefor, and such change or alteration may be made, the said company making compensation for any damages that may be occasioned thereby, the same to be assessed according to the provisions of section 8 of the resolution of 1849, amending the charter of said company.
Sec. 4. The last two words of said section 8 of said resolution of 1849, amending said charter, being the words “under oath,” having been originally inserted by mistake, are declared to have been and to be surplusage, and are hereby stricken out and repealed.
SEC. 5. Said company, if in any case it shall be deemed expedient or necessary, may avail themselves of any of the provisions of an act entitled "An act in addition to an act relating to Railroad Companies.” Provided, however, that in any case or cases where any particular or special forms or modes of proceedings are authorized or pointed out by the provisions of their charter, they shall be restricted to the same, and may adopt no others.
Whenever the railroad of said company shall meet, intersect or be connected with any other railroad or roads, they may lay out and construcct such turnouts, sidings, branches, depots and other accommodations as may be deemed expedient and necessary for their most convenient connection and interchange of freight and passengers and for the public accommodation generally. And whenever they shall find it necessary to enter upon and use any lands or estate for the construction of said railroad, after approval of the location and before the assessment of damages, which they are authorized to do, they shall first deposit with the treasurer of the county in which said lands or estate is situated such som or sums of money as the commissioners on said road, or two justices of the peace of said county, shall, on application of said company, and under oath, certify in writing to be in their judgment a sufficient amount to secure the payment of such damages, when the amount thereof shall have been finally determined. And all damages done, or that may be done or occasioned by said company, shall in all cases be assessed without unreasonable delay and according to the provisions of the charter of said company respecting damages by taking lands or real estate for said railroad.
Sec. 7. The time for completing said railroad is hereby further exten led for the term of three years.
Resolved further, Sec. 8. That this act may be altered, amended or repealed at the pleasure of the general assembly.
INCREASING THE CAPITAL STOCK OF THE HARTFORD, PROVIDENCE AND
FISHKILL RAILROAD COMPANY.
Resolved by this Assembly, That the Hartford, Providence and Fishkill Railroad Company be and is hereby authorized and empowered to add to the capital stock of said company, not exceeding five thousand shares of one hundred dollars each, and to distribute said new stock to the stockholders, or to sell the same or any part thereof, on such terms, at such rates and with such provisions and guarantees as shall be determined on by the stockholders at any meeting called for that purpose.
Sec. 2. This act shall not take effect until the same has been accepted by a vote of the stockholders of said company, at a meeting specially convened for that purpose, in accordance with the by-laws of said company.
APPROPRIATING A PART OF THE ENFIELD BRIDGE TO THE USES OF THE
HARTFORD AND SPRINGFIELD RAILROAD COMPANY, &c.
Resolved by the Senate and House of Representatives, in General Assembly convened, That the company for erecting and supporting a toll bridge with locks from Enfield to Suffield, be authorized to appropriate a part of the Enfield bridge to the uses of the Hartford and Springfield Railroad Company, or to enlarge the same or to erect another bridge for the use of the said railroad company, within the exclusive limits of the said bridge company, and to receive the same tolls from all persons crossing the same, as are allowed by the terms of their original charter. Provided, that nothing herein contained shall impose any obligation upon said railroad company, or any charge upon the persons or property transported upon said road, or shall in any way affect the rights of said railroad company under their charter.