SEC. 5. The persons authorized by the third section of this act to open books for subscriptions to the capital stock are hereby authorized and directed, after the books for 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 stock. holders of said company, for the choice of directors or otherwise, each share shall entitle the holder thereof to one vote, which may be given by said stockholder in person or by lawful proxy. And the annual meeting of said company 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 the 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 other day which shall be appointed by the directors of said company for that purpose, 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 business management and effects of said company, not contrary to law; also, for the elec tion and meetings of said directors, and other matters connected with the business and concerns of said company.

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 proper; and, in case any stockholder shall neglect or refuse to make payment pursuant to the requisitions of the board of directors, the stock of such stockholder, or so much thereof as shall be necessary, may be sold, under the direction of said board, at public auction, after the lapse of sixty days from the time the payment became due, and all surplus money remaining from the avails of such sales, after deducting the payments due the company, the interest thereon, and necessary expenses of said sale, shall be paid over to such negligent stockholder.

SEC. 8. Said company shall have full power, and it is 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 water to and dis

tributing the same within or in the immediate vicinity of the village of North Canaan, under the direction of the selectmen of the town of North Canaan. And said company may, for the purpose aforesaid, carry and conduct any aqueduct or other works, by them to be made and constructed, under or over any water-course, street, turnpike, road, railroad, highway, or other way, or public grounds, provided they put such water-course, turnpike, road, railroad, highway, or other way, as speedily as possible, in as good and perfect condition as before laying and conducting said aqueduct or other works.

SEC. 9. The said company shall have full power, and it is hereby authorized and empowered, under the provisions of this charter, to construct, repair, and maintain such reservoir or reservoirs as they may deem expedient and necessary, to take and use the water of any spring or springs, stream or streams, or other waters, to such extent as may be necessary and expedient in carrying into effect the object of this act; also, to construct, repair, and maintain such canals and aqueducts as may become necessary or convenient for the retention or conveyance of water at or to such points as they may desire, and be entitled to retain or convey the same; also, to take and hold, by purchase or gift, or in the manner hereinafter provided, any real estate or easements necessary for the purpose of this act, or for laying and maintaining aqueducts and reservoirs for holding, and conducting, and distributing water, and for all buildings and structures necessary for the most perfect and complete supply of North Canaan with pure water for public and private uses, and for preserving said lands and water for the uses of said company pure and free from all contamination and nuisances, drains and sewers; and the said company may make, establish, and enforce all necessary and proper regulations and by-laws for the preservation of the same, provided such regulations and bylaws shall not be contrary to the laws of this state or of the United States.

SEC. 10. The said company shall be liable to pay, and shall pay, all the damages that shall be sustained by any person, or persons, or corporation, in their property or estate, by the taking of any real estate or easement as aforesaid, or the constructing or laying any pipes, aqueducts, reservoirs, or other works for the purposes of this act. And if, at any time, it shall appear that any damage has accrued or may be likely to accrue to any person or persons, corporation or corporations, by reason of the taking of any land, property, or estate, for the purposes of this act, or in the construction, maintenance, or repair of the works of said company, and such person or corporation have not

agreed with said company, in writing, for such damages, land, or estate, the said company, or persons, or corporations may apply to the superior court for Litchfield 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 or property so damaged or required and proposed to be 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 the company shall pay to such owners or parties the damages so assessed; and when said damages are so paid, and not before, the said company may enter upon the premises and may proceed to the construction of the said works; or, in case the owners or parties aforesaid cannot be ascertained, shall pay the same, within thirty days, to the treasurer of the county of Litchfield, to be by him paid to such person or persons as said court may direct. And, in case the land or estate which said company may wish to take, as aforesaid, shall consist of separate parcels, owned by different parties, the application made to the superior court, or to said judge, may include all or any number of said separate parcels, the same being therein specifically described, and said persons so appointed shall assess the damage, if any, separately to the parties owning the separate parcels, and the same shall be proceeded with in all other respects as hereinbefore provided.

SEC. 11. The occupant of any house, tenement, or building, who shall take the water of said company, shall be liable for the price of the rent of the same, and the agents of said company intrusted with the superintendence of the works may, at all reasonable times, enter the premises so supplied, to examine the pipes and fixtures and prevent unnecessary waste.

SEC. 12. Any person living within the limits of the village of North Canaan shall be entitled to have and use water from the mains of the said company, upon complying with the bylaws of said company and paying a reasonable compensation

therefor.

SEC. 13. If any person or persons shall willfully, wantonly, or maliciously divert the water, or obstruct the same or any part

40 RELATIVE TO THE ESTATE OF WILLIAM H. ELLIS.

thereof, from or in any aqueduct, reservoir, stream, or spring, or other place which shall be taken, or used, or constructed by said company, or shall corrupt the same by committing any nuisance therein or otherwise, every person or persons so offending shall be liable to said company in triple damages therefor.

SEC. 14. This act shall be subject to be altered, amended, or repealed, at the pleasure of the general assembly. Approved, March 7th, 1877.

[Senate Joint Resolution No. 25.]

[50.]

RELATIVE TO THE ESTATE OF WILLIAM H. ELLIS, LATE OF NEW HAVEN, DECEASED.

Whereas, William H. Ellis, late of New Haven, Connecticut, deceased, by his last will and testament, appointed Minot A. Osborn and John W. Mansfield, trustees, to execute certain trusts created by said will, he, the said Ellis, giving to said trustees power to sell, invest, manage and dispose of any part or all of said trust fund: and

Whereas, said Minot A. Osborn and John W. Mansfield resigned said trusts, and the probate court for the district of New Haven, having jurisdiction of said will, appointed Charles S. A. Davis, of said New Haven, trustee, to fill the vacancy caused by the resignation of said Osborn and said Mansfield as such trustees, and the said Davis acting as such trustee, believing he had all the powers of the original trustees, has made investments of the trust fund, and improvements on the trust estate, adding largely to the income of said trust estate, but doubts have arisen whether said Davis as such trustee has all the powers which said original trustees had under said will in the management of said estate: and

Whereas, said Davis as such trustee, together with all the persons in interest under said will, have joined in a written application to this general assembly, praying that a resolution may be passed giving said Charles S. A. Davis, as such trustee, all the powers in the management of said trust estate, which said original trustees had under said will, and validat

ing and confirming the acts already performed by said Davis, as such trustee, in the management of said trust estate: therefore,

Resolved by this Assembly: That said Charles S. A. Davis, as such trustee, have and he hereby is invested with all the power and authority to manage and dispose of said trust estate, which was given by said Ellis in his last will to the trustees therein named, and that the acts heretofore performed in good faith by said Davis, as such trustee, in managing said trust estate, are hereby validated and confirmed. Approved, March 7th, 1877.

[House Joint Resolution No. 114.]

[51.]

CONCERNING THE TAKING OF LAND BY THE CONNECTICUT VALLEY RAILROAD COMPANY.

Resolved by this Assembly: That the Connecticut Valley Railroad Company, or its managers, may take land for its right of way and other purposes, within the limits of its lay-out, as approved by the railroad commissioners, at any time within six months from and after the twenty-fourth day of July, 1877. Approved, March 7th, 1877.

[House Joint Resolution No. 94.]
[52.]

AMENDING THE CHARTER OF THE BOROUGH OF BIRMINGHAM.

Resolved by this Assembly: SECTION 1. That the name of the borough in the town of Derby, chartered under the name of "The Warden, Burgesses and Freemen of the Borough of Birmingham," be changed to "Borough of Birmingham," by which name it shall hereafter be known and called.

SEC. 2. That the borough of Birmingham be authorized and empowered to buy the stock, property, franchises, and water works of the Birmingham water company, at any time before the first day of January, A. D. 1880, for a sum not exceeding