all matters whatsoever which may appertain to the concerns of said company. Said company is also hereby empowered to purchase and hold materials, engines, cars, and other necessary things, in the name of said corporation, for the use of said railroad, and for the transportation of persons, goods and merchandize; and 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 routes or places, for the purpose of surveying the same, as may be designated by the directors, and when so surveyed the same shall be approved by three commissioners, to be appointed by the General Assembly for that purpose, who shall have no interest in said railroad, and who shall, prior to such approval, give such notice as they shall deem reasonable to the persons whose lands may have been taken, to enable them to present such objections as they may think proper to make to such location of said 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 holden to pay all damages that may arise to any person or persons: and if the person or persons to whom damage may so arise and said company cannot agree as to the amount of such damages, the county commissioners of Fairfield county shall assess the amount of such damages, who shall give notice to the parties, of the time and place of their meeting on the business aforesaid, at which time and place they shall proceed to hear the parties and to enquire into the extent of the damages, and shall assess just damages to the person or persons whose real estate may be taken or injured, which assessment shall be in writing, under the hands of said commissioners and shall be returned to the clerk of the county court, who shall record it; and when so returned and recorded, such assessment shall have

the effect of a judgment, and execution may issue at the end of sixty days from the time when such assessment shall be so returned, in favor of the persons respectively to whom damages may be assessed, for the amount so to them assessed. Provided, that said railroad shall not be worked upon or opened across the lands of any person, until the damages assessed to such person shall have been paid or secured to be paid to his satisfaction, and that the said damages shall be so paid or deposited with the treasurer of said Fairfield county, within sixty days after the same shall have been finally determined. Provided, that it shall not be necessary in order to the location of said road by the directors and the approval thereof by the commissioners, that the width. thereof shall be definitely established by said directors or commissioners, previous to said location; but before the damages shall be assessed to any landholder, by the said appraisers, the width of said railroad shall be definitely fixed and established by said directors over and across the land so taken, upon one or both sides of the line of the road so located. And the said company may at any time before the completion of said road, alter and change any part of the location, or discontinue such part thereof as in their opinion, convenience or necessity may require to be changed or discontinued, subject to the approval of the commissioners on said road, and the other requirements of this charter. Provided further, that in case the persons required by this section to be notified shall have no place of residence in this state, known to the occupant of the land over which said road passes, or to any of the directors or commissioners of said company, then a notice published for three weeks successively in one newspaper printed in Fairfield county, stating what proceedings are intended by said company to be instituted, shall be sufficient notice to such non-resident landholder; and when the place of residence of any such landholder is known to the persons aforesaid, and is out of this state, then a duplicate original notice, or a true and

attested copy of the original notice, deposited in the post office, post-paid, directed to such person three weeks before the hearing is to be had, shall be sufficient notice according to said charter; or any judge or the clerk of the Superior Court for said Fairfield county, may give an order of notice, as in case of a bill in equity in any of the cases aforesaid.

SEC. S. That whenever the lands or other property or estate of any femme covert, infant, or person non compos mentis, shall be necessary for the construction of said railroad, said lands may be taken, notice being given to the husband of such femme covert and the guardian of such infant or person non compos mentis, and the said husband and guardian 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. 9. That said company is hereby authorized to construct, erect, build, make and use a single, double or treble railway or road, of suitable width and dimensions, to be determined by the directors of said company, on the line or course by them designated, and shall have power to regulate the time and manner in which goods and passengers shall be transported, taken and carried on the same, and shall have power to erect and maintain toll-houses and other buildings for the accommodation of their concerns, as they may deem suitable for their interests.

SEC. 10. That whenever it shall be necessary for the construction of their single, double or treble railroad, or way, to intersect or cross any stream of water or water course, or any road or highway, it shall be lawful for said company to construct said railroad across or upon the same. But the said company shall restore the said stream or water course, or road or highway, thus intersected, to its former state, or in sufficient manner not to impair its usefulness; and in all cases when any road or public highway is so located, that said railroad cannot be judiciously laid out

and constructed across or upon the same, without interfering therewith, in such case or cases, said corporation may, by their engineer, cause such road or roads to be changed or altered in such manner that said railroad may be made on the best site of ground for that purpose; provided, that said corporation shall put such road in as good repair as at the time of changing or altering the same. And said corporation may apply to said county commissioners for Fairfield county, after notice given, to decide whether said corporation have complied with the provisions aforesaid, and if approved by them their decision shall be final. And said company shall pay for all damages that may accrue to any party or person whatsoever, by reason of the provisions of this section, in manner as provided in the sixth section of this act.

SEC. 11. That it shall be lawful for the company hereby incorporated, from time to time, to fix, regulate and receive the tolls and charges by them to be received for transportation of persons or property on their single, double or treble railroad or way aforesaid, hereby authorized to be constructed, erected, built or used, or upon any part thereof.

SEC. 12. That as soon as the amount of said capital stock of seventy-five thousand dollars shall be subscribed, notice shall be given for a meeting of the stockholders for the purpose of electing directors.

SEC. 13. That 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 requisition of the board of directors, the stock of such stockholder, or so much thereof as shall be necessary, may be sold by the directors of said corporation, at public auction, after the lapse of thirty days from the time when the payment became due: and the surplus money, the avails of such sale, after deducting the

payments due and interest thereon, and the necessary expenses of the sale, shall be paid over to such negligent stockholders.

SEC. 14. That the Legislature may authorize any company to enter with another railroad at any point of said Danbury and New York railroad, paying for the right of using the same or any part thereof, such a rate of toll as the Legislature may from time to time prescribe, and complying with such rules and regulations as may be established by the commissioners of Fairfield county.

SEC. 15. That if said company shall not expend the sum of fifty thousand dollars upon said railroad or way, within two years from the rising of this Assembly, or if they shall not construct and complete, and put in operation, a single, double or treble railroad or way, as hereinbefore authorized, within four years after the passage of this act, then the rights, privileges and powers of said corporation shall be null and void.

SEC. 16. That the capital stock of said company shall be assessed at its just value in money, and taxed at the same rate as personal estate.

SEC. 17. Resolved further, That this act may be altered, amended or repealed, at the pleasure of the General Assembly.

THE WILLIMANTIC AND THOMPSON RAILROAD COMPANY.

SEC. 1. Resolved by this Assembly, That Pearley Jordon, Amasa Carpenter, J. Ellis Fisher, Danforth Childs, William Lester, Calvin Whitney, Benjamin Warren, Clifford Thomas, John McLellan, Daniel Griggs, Peter Lyon, with such other persons as shall associate with them for that purpose, are hereby constituted a body politic and corporate, by the name of "The Willimantic and Thompson Railroad