"(1) That he [the plaintiff] is, and for many years has been, an inhabitant and elector of said town of East Hartford, and is, and for many years has been, the owner of real and personal estate situated within the limits of said town of East Hartford, and is liable to the payment of such taxes as may be legally imposed upon his said property by said town of East Hartford, and has heretofore been assessed and taxed thereon by said town.
"(2) That the general assembly of the state of Connecticut, at its January session, A. D. 1887. passed an act, which was duly approved by the governor of said state, May 19, 1887, to establish free public highways across the Connecticut river, in Hartford county, which act provided for the assessment of the damages caused by the layout and establishment of such free highways upon the several towns specially benefited by the layout and establishment of said highways as benefits accruing to said several towns; that the towns so assessed should, after the establishment of such free public highways, maintain the same in proportion to the assessment upon said towns for the establishment of said highways; constituted the first selectmen of said towns so assessed a body politic and corporate, by the name of the 'Board for the Care of Highways and Bridges across the Connecticut River in Hartford County,' for the purpose of caring for and maintaining and controlling said highways; and defined the powers and duties of said corporation. * * *
"(3) That the act of the general assembly mentioned in paragraph 2 provided that the said the board for the care of highways and bridges across the Connecticut river in Hartford county should appoint a chairman, secretary, and treasurer, and should apportion the expense of repairing and maintaining said free public highways upon the several towns benefited by their layout and establishment, in proportion to the assessment against said towns for the damages caused by the layout and establishment of said free public highways: and that the chairman of said board should draw his order on the treasurers of the said towns payable to the order of the treasurer of said board for the proportional amount payable by the said towns for such repairs and maintenance; and provided, further, that damages resulting from the defective condition of said free public highways of the bridges thereon should be assessed in the same manner.
"(4) That pursuant to the provisions of the act of the general assembly, upon the complaint of the state's attorney for Hartford county, the superior court for said county, subsequently, to wit, at its October term, 1888, laid out and established a free public highway across the Connecticut river, in Hartford county, in the limits of the towns of Hartford and East Hartford, in said county, said free public highway being laid out where the toll bridge of the Hartford Bridge Company across the Connecticut river then was, and along the causeways and approaches appurtenant to and connected therewith.
"(5) That the said superior court for Hartford county, in its judgment or decree laying out and establishing said free public highway, assessed the expenses thereof upon the towns of Hartford, East Hartford, Glastonbury, South Windsor, and Manchester, having found said towns to be especially benefited by said layout; and the proportion of said expense imposed by said court upon the said town of East Hartford was eleven thirty-fifths of the entire expense, the sum of sixty-seven thousand dollars being by said superior court assessed upon the town of East Hartford, and the entire expense being found by said court to be two hundred and ten thousand dollars.
"(6) That, by the provisions of said act of the general assembly providing for the layout and establishment of said free public highway, the said town of East Hartford became and was liable to pay in the manner prescribed by said act eleven thirty-fifths of the expense of repairing and maintaining said free public highway, and eleven thirty-fifths of any damage resulting from the defective condition of said free public highway or the bridge thereon, and for no other expense whatever.
"(7) That on the 23d day of September, A. D. 1889, the first selectmen of said towns of Hartford, East Hartford, Glastonbury, South Windsor, and Manchester, met pursuant to the provisions of the aforesaid act of the general assembly, and organized the corporation by said act directed to be organized by the name of the 'Board for the Care of Highways and Bridges across the Connecticut River in Hartford County'; and said corporation so organized immediately assumed the care and con trol of said free public highway, repairing and maintaining the same from that time until June 29, 1893.
"(8) That on June 29, 1893, George W. Fowler was, and for a long time prior thereto had been, first selectman of said town of Hartford, and a member of and chairman of the said the board for the care of highways and bridges across the Connecticut river in Hartford county; and John S. Risley was, and for a long time prior thereto had been, first selectman of said town of Manchester, and a member of and the treasurer of the said corporation.
"(9) That pursuant to the provisions of the said act of the general assembly providing for the creation of said corporation, and defining its powers, the chairman of the said corporation was empowered to draw his orders in favor of the treasurer of said corporation upon the treasurer of the town of East Hartford for eleven thirty-fifths of the expense of repairing and maintaining said free public highway, and also for eleven thirty-fifths of any damages resulting from the defective condition of said free public highway, and for no other expenditure or purpose whatever.
"(10) That the state of Connecticut, by virtue of the provision of an act of the general assembly, at its January session, 1893, approved June 29, 1893, and which act, by force of another act of said general assembly, was made to take effect from its passage, assumed the duty of repairing and maintaining the said free public highway on said June 29, 1893.
"(11) That the entire expense of repairing and maintaining the said free public highway from the 5th day of October, 1892, to the 29th day of June, 1893, including all damages resulting from the defective condition of said free public highway, was the sum of five thousand three hundred and thirty-three and 90/100 dollars, and, of that sum, eleven thirty-fifths, or the sum of one thousand six hundred and seventy-six and 37/100 dollars, was the proportion chargeable to said town of East Hartford. * * *
"(12) That on said 29th day of June, A. D. 1893, the said George W. Fowler, as chairman of said corporation, without any authority of law, and in disregard of his official duty, wrongfully and unlawfully drew his orders in I favor of said John S. Risley, as treasurer of said corporation, upon the treasurer of said town of East Hartford, for the aggregate sum of ten thousand nine hundred and sixty-two and 26/100 dollars, being eleven thirty-fifths of the sum of thirty-four thousand eight hundred and seventy-nine and 94/100 dollars, which said sum was falsely pretended by said Fowler and by said corporation to have been expended for legal services, and was falsely so entered in the account of said John S. Risley as treasurer of said corporation; and said sum of ten thousand nine hundred and sixty-two and 26/100 dollars was in addition to the sum lawfully assessed against said town of East Hartford, as set out in paragraph 11.
"(13) That the board for the care of highways and bridges across the Connecticut river in Hartford county, between October 5, 1892, and June 29, 1893, did not expend for any legal services rendered said corporation which said corporation might lawfully contract for, pursuant to the powers granted to it by the general assembly, said sum of thirty-four thousand eight hundred and seventy-nine and 94/100 dollars, or any part of said sum.
"(13a) That, at the date of said orders to the amount of ten thousand nine hundred and sixty-two and twenty-six one-hundredths dollars so illegally drawn upon the treasurer of said town of East Hartford as aforesaid, nothing whatever was due and payable to the board for the care of highways and bridges across the Connecticut river in Hartford county from the said town of East Hartford, as the proportional amount payable by said town of the expenses of repairing and maintaining the free public highway aforesaid, and of any damages resulting from the defective condition of said highway or of the bridges thereon."
