Cases Relating to Railways and Canals: Argued and Adjudged in the Courts of Law and Equity: 1835 to , 7. köide
Henry Iltid Nicholl, Thomas Hare, John Monson Carrow, Lionel Oliver, Edward Beavan, Thomas Edward Preston Lefroy
A. Maxwell, 1855
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according Act of Parliament action agreed agreement alleged amount appears appellants apply authorised authority bill bound branch called Canal capital carriage carriers carry cause Clauses common completed consideration considered construction contained contended contract conveyed costs Counties Railway Court deed defendants direct directors dividend duty Eastern effect enacted entered entitled executed expenses fact further give given granted ground injunction injury interest judgment junction land lease liable limited London and North Lord manager matter meaning ment mentioned necessary North Western Railway notice object obtained opinion Oxford paid pany parish parties passengers passing payment performance persons plaintiffs portion powers present principle profits provisions purchase question Rail RAILWAY CO reason received referred respect shareholders shares South SOUTH YORKSHIRE statute taken thereof tion tolls traffic undertaking Vict Western Railway Company whole
Page 524 - With respect to any contract which, if made between private persons, would be by law required to be in writing, and signed by the parties to be charged therewith...
Page 720 - Also sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout, by reason of the railway...
Page 452 - ... defendants, in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed,) whereon a certain rent was reserved, shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of the damages to be recovered.
Page 797 - Act authorised to be taken, either upon the whole or upon any particular portions of the railway, as they shall think fit : Provided that all such tolls be at all times charged equally to all persons, and after the same rate, whether per ton per mile or . otherwise, in respect of all passengers and of...
Page 807 - Provided always, that no such execution shall issue against any shareholder except upon an order of the court in which the action, suit, or other proceeding shall have been brought or instituted, made upon motion in open court after sufficient notice in writing to the persons sought to be charged ; and upon such motion such court may order execution to issue accordingly...
Page 629 - ... carriage road, horse road, tramroad, or railway, either public or private, so as to render it impassable for or dangerous or extraordinarily inconvenient to passengers or carriages, or to the persons entitled to the use thereof, the company shall, before the commencement of any such operations, cause a sufficient road to be made instead of the road to be interfered with, and shall at their own expense maintain such substituted road in a state as convenient for passengers and carriages as the...
Page 807 - If any execution, either at law or in equity, shall have been issued against the property or effects of the company, and if there cannot be found sufficient whereon to levy such execution, then such execution may be issued against any of the shareholders to the extent of their chara respectively in the capital of the company not then paid up...
Page 436 - Every person who shall have subscribed the prescribed sum, or upwards, to the capital of the company, or shall otherwise have become entitled to a share in the company, and whose name shall have been entered on the register of shareholders hereinafter mentioned, shall be deemed a shareholder of the company.
Page 463 - I am glad to fasten myself in some measure on his great authority, and say that, when I look upon these Acts of Parliament, I regard them all in the light of contracts made by the Legislature, on behalf of every person interested in anything to be done under them ; and I have no hesitation in asserting that, unless that principle is applied in construing statutes of this description, they become instruments of greater oppression than any thing in the whole system of administration under our constitution.
Page 277 - Where in any Place it is intended to carry the Railway on an Arch or Arches or other Viaduct, as marked on the said Plan or Section, the same shall be made accordingly; and where a Tunnel is marked on the said Plan or Section as intended to be made at any Place, the same shall be made accordingly, unless the Owners, Lessees, and Occupiers of the Land in which such Tunnel is intended to be made shall consent that the same shall not be so made.