Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1853-08-11

| Of each Of such towns respectively, on behalf
Of such towns, Ior the REIMBURSEMENT Of their
!; road By such company and lie transfer 10 such
towns as a common highway.
Sec. 2. Such agreement shall hx the
amount OF compensation, IL any, TO be paid BY
said towns 10 such cOmpany--and the proper
ton tn which the Sasue shall be paid by each
OF said towIs-and shall also FIX time when
such compensation shall be pa;d-at which
time also the transfer Of said road shall take
effect, and the said agreement shall also des-
| lgnatc come person or persons 10 whom the
sun OF sumo 80 agreed 10 be paid as compen-
saiiOn shall be paid in iruet for the purposes
| hereinafter specified, amd the person CT per-
sons so designated shalt give bond with sure
~, to the treasurer Of the State, and 10 his &c.
ceptance, in double the amount Of the com
pensation agreed 10 be paid-co1ditiOnedth that
he or they will faithfully discharge ihe trust
vested in him or them, according TO the pro.
visions Of this act.
See. ,. The person or persons 80 dcsigna
l ted shall receive and are empowered to collect
! the compensation so agreed 10 be paid 10 said
turnpike cOmpany-and shan ll4ld the sum so
received by him or them in trust. LIST. To rc.
tain the same in his or their own hands for
the period Of six months for the purpose OF
responding TO any liens that may arise under
the provir!Uns Oi the fourth section Of this acl
and il no such :ien shall arise during such
period then TO pay over such sums after de.
! Quoting his or their reasonably charses-io
| Tho treasurer Of such turnpike company and
1 2d-dn case any such liens shall arise, then to
] hold sHch sans subject to the orders which
may be made from time to time Selktve there.
\ to by the superior court, under the provisions
Of the fourth section Of this Act.
Sec. 4. Any person or persons having any
claim or demand against such turnpike com
pany, whether the same be founded in con.
tract or tort, or whether the same be due or
not-may Gle with said trustee or trustees
certificate ander oatta setting forth the na,are
and amount of such claims and such cerri6- |
cate being so fled within the said period Of |
six months shall Constitute lien on the Sums |
which have come or may come into the hands
Of such trustee or trustees, TO the extent Of
the amcunt claimed. And II amy lien or liens
shall I've so created 1T shall be the duty Of such
trustee or trustees to apply TO the superior
coust in thecounty where the whole or some
por ttcai of she road Of such company is situa.
| ted by an application in the nature oi q bill If
1 inteupleader-and said.court as court Of 90.
| uty shall have power 10 adjudicate and deter
| which liens shall have been so created, and
| shall direct the application " the sums in the
4 hands Of such trustee or Irus. ees in payment
! thereof, in whole or inlpart, and shalt make
I such other ordersin relation thereto % such
\ court shall deem 10 be just and equitable
1 Sec. s. The said sUpefior court shBil have
| power TO remove any sucllrustee or'trustees,E
/ appoint another or othcrs'in his ortheir place,
| or 10 fill any vacancy in such trust and also
| 10 require new or additional bonds from any
trustee or trustees q: their discretion.
Sec. 6. Upon the execution of any agree.
mcnt authorized by this act, it shall be the
duty Of the directors of such turnpike com. i
pany, as soon az practicable TO present the I
same tn meeting of the stockholders and
ii shall be the duty Of the selectmen of each
Of such towns to.present the same TO the in
habstaBts df each Of said towns respectively -
and IL sach agreement shall be ratified by such
Stockholders and by each Of such towns
! then he same shall be valid and tffectual
and tie said turnpike road shall he thereby
transferred from such company to said towns.
at the time specified in said agreement, and
thereafter the said turnpike company shall be.
discharged from all liability to nuke, andr
support said road, and shall have no further,
| rights therein or control thereof, but the SAME
shall be made, supported and kept in repair as
free commcn highway,by the towns through
which il passes-each town making, support
ing and keeping IN repair that part Of said
rood lying within is limitss and the duties
and liabilities Of said towns in respect there 4
TO shall be the same, in a'respccis, as if said 4
road had been laid out by the county COURT
Provided, that before any such transfer shall
be complete and eff:ctual, a copy Of such !
agreement, certified by the clerk or secretary
Of such company, together with certified cop
les Of the votes Of such company and Of such
t"wns raiifying thu same, shall be- lndged with
tae secretary Of The State, who shall record
the same. Pr6oidsa, that nothing herein-con /
tanned shall discharge any such company for
any debt incurred ,'or damaged sustained prior
10 such transfer, but the same may be ccllcc;-
&c or enforced, Tho same US though this act
had not been passed. sa t-
Approved, Juno s0,h, 1853. ..F'
cMAfrER Lxl.
An Act providing for the repairs Of Turnpike
Roads in certain cases.
Be IL enacted BY the Senate aud House Of Rep
resentatives in General assembly conrened
That in oil cases where incorporated turn.
pike companies ehuH hereag:e, or have hereto.
fore vofNatarny open.d their toll gates and
neglected TO collect tells or repair their road
for thelprriod OF six months, i, shah be lawful
for the town or towns through which said road
may poss 10 repair the sumo at the expense Of
such town or towns, and if at any future time
such company shall resume jurisdiction over
such road 20 far as to collect tolls thereon,
then aHd in that case such company shall be
fiahie TO stca iotvn or towns in damages 10
refund whatever such town or towns may
lave expended in repairing such road, 10 he
recovered by sub at law before any court
having compstent Jurisdiction provided, how
ever, that il shnsl NO. beaawful Cor any such
said turnpike road until after they have psid
10 such town or towns the full amount such
'own or towns have SO expended in such re-
pairs and interest thereon.
Approved, Jul, Let, 1858.
CHAPTER LxVA.
An Act to enR6le thcrwncrs Of Lands to drain
1El 4Es 7, fhe same.