Litchfield enquirer., 1853-07-21


legally warned and held for the purpose, lay any
tax upon tho grand list Of all persons liable TO
nav taxes to said city, for the purpose OF paying
the principal or interest Of the ce3t herein au-
thorzed, or any part thereof or for the purposes
of establishing aiding said sinking fund, pro-
! yided said tax shall have been previously est
| mated and recommended by said court of
| common council, which SAID tax, when SO laid,
| may be collected IN the same manner as other
city taxes.
act shall be and remain lien upon the house,
! tenement or LOT wherein or in connection with
which said water shall have been used by the
owner or occupier thereof, which said liens
shall have priority over all subsequent incum-
bramces and may be enforced and foreclosed by
and in the name of said board, before the CITY
court Of said city, in the same manner as liens
Of mechanics on land and buildings are now
foreclosed, according to the rules of equity pro-
vided always, that said lien shall not be perfect
ed unless said board shall, within sixty days
after said water rent becomes due, lodge with
the town clerk OF the town wherein such tene.
meut, lot or house is situate, a certificate in
writing, sworn to by one of said board, of the
amount due as near as can be ascertained, and
a general description of the premises holden.
Sec, 10, A majority of said board of commits
sioners shall constitute quorum for the trans
action of business, and no president of said
board shall be permitted to act as such, until
he shall have given a bond with at least one
sufficient surety, to be approved by the mayor
OF SAID city, IN the sum OF five thousand dollars,
for the faithful performance of the duties of his
office, and shall have been duly sworn to DIS
charge faithfully the duties of his said Office.
Said board shall make no contract for the use
Of any of said water for longer term than
three years; and all the members of said board
shall be sworn to a faithful discharge of their
duties.
Sec. 90: II any person shall wilfully and
maEciously divert or corrupt the water col
lected or conducted in any OF the artificial works
contemplated or authorized by this act or shall
wilfully and maliciously divert or corrupt any
of the sources Of said waters with the intent to
purposes aforesaid; or shall wlfully and ma
liciously destroy or injure any dam, pipe,
aqueduct, conduit, canal, engine, cistern, n.y.
drant, reservoir, machinery, building or other
to be used for the purpose of procuring or keep
ing supply of water for said city, as herein |
authorized, whether within said city or else
where; every such person so offending, on con-
viction thereof before the superior court or
county court, in the county, where such offence
shall have been committed shall be punished
by fine not exceeding five hundred dollars, or
by imprisonment in the county Jail not exceed
lug one year, or by both such fine and imprison-
ment And if either such offences shall have
been committed within the limits of said city,
the city court of said city shall have concurrent
jurisdiction of such offence, with said superior
aid county court; and the city attorney Of the
said city, may in such case, prosecute the same.
for in this section, shall also be liable to pay
treble damages in an action of trespass, or action
OF trespass on the case, brought by said board.
And ii either OF the offences aforesaid shall be
prosecuted by the city attorney Aforesaid in
| in such case the fine may be payable to the
| treasury OF said city. -
Sec. 81. All the powers, rights and privileges
conferred upon the New Haven Water Company,
! by a resolve of the General Assembly, ncorpora-
| ting the same, passed May Session, lS49, and
by any subsequent resolve or act of the General
Assembly, in alteration thereof, shall be trans
terred to- and conferred upon the said city II said
city shall befnro the next session Of the General
Assembly accept this act by major vote of the
inhabitants of said city, at legal meeting duly
convened tor that purpose; and shall, within two
years from the rising of this Assembly, appro-
pirate and expend at least one hundred thousand
dollars toward the accomplishment of the object
herein provided for; and shall also, within three
years OF the rising Of this Assembly, introduce
the water into said city, and distribute the same
within the limits of said city, by at least fifteen
miles OF pipe and thereupOn the said New
Haven Water Company shall cease and be dis
continued. But SAID city shall, in such case pay
to SAID water company the. expense they have
incurred tor engineering and other matters con-
nected with the organization of said company,
not exec eding in all the sum of three hundred
dollars.
Sec. g. This act shall be to Ill inten's and
purposes public act, and may be altered,
hlHeHueu UT repeated ny the General Assembly.
And the same shall not go into effect until it has
been accepted by said city as part OF it's char
ter, at city meeting warned and holden for
that purpose. The mayor Of said city shall
notify and warn the legal voters thereof TO meet
in their respective election districts or wards, or
places Of voting for city officers, within sixty
days from the rising of this Assembly, for the
purpose Of voting upon the question, whether
they will or will not accept this act as an amend.
ment to the city charter, at which meeting the
votes shall be taken by ballot, and the ballots
having the words Eyes" upon the same, shall be
counted as in favor of the acceptance OF this act
shall be counted as against the acceptance of
the same. And il the majority of the votes so
given in, in said city shall be in the affirmative
then this act shall be in full force and become a
part of the cha rter of said city of New Haven;
and unless majority of the votes so given shall
be in the affirmative, then this act shall be of
none effect. And said cour; of common council il
shall determine on the dav Of voting as aforesaid,
and the manner Of counting said votes and Of
ascertaining and declaring tho final result and
they, shall also appoint the presiding officers at
the different wards or places of voting as afore-
said: The boxes to receive the ballots aforesaid.
shall be kept open on such day of voting from
seven clock in the forenoon till five o'clock in
the afternoon.
Approved, June 29th, 1853.
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