Cases Relating to Railways and Canals: Argued and Adjudged in the Courts of Law and Equity: 1835 to [1854], 7. köideHenry Iltid Nicholl, Thomas Hare, John Monson Carrow, Lionel Oliver, Edward Beavan, Thomas Edward Preston Lefroy A. Maxwell, 1855 |
From inside the book
Results 1-5 of 83
Page 7
... meaning of the contract is , that , in consideration of the plaintiff's assenting to the bill , the defendants , on obtain- ing their Act , would pay him , the two sums of 1000l . and 4000 % , or either of them , then they have had the ...
... meaning of the contract is , that , in consideration of the plaintiff's assenting to the bill , the defendants , on obtain- ing their Act , would pay him , the two sums of 1000l . and 4000 % , or either of them , then they have had the ...
Page 8
... meaning of the contract is a mere legal question ; and therefore I shall not overrule the demurrer without giving the defendants the opportunity , if they wish it , of taking the opinion of a Court of law on the construction of the ...
... meaning of the contract is a mere legal question ; and therefore I shall not overrule the demurrer without giving the defendants the opportunity , if they wish it , of taking the opinion of a Court of law on the construction of the ...
Page 60
... meaning of clause 2 ) by the Oxford , Worcester , and Wolverhampton Railway Company . The canals and Moreton tramway to be treated as part of the Railway , and as included in this arrange- ment . Any question as to the sufficiency or ...
... meaning of clause 2 ) by the Oxford , Worcester , and Wolverhampton Railway Company . The canals and Moreton tramway to be treated as part of the Railway , and as included in this arrange- ment . Any question as to the sufficiency or ...
Page 79
... meaning of the contract is , that the London and North Western and Midland Counties Railway Companies are merely to run their car- riages on the Railway - I must say , I think it is idle to suppose that that was the meaning . The Act ...
... meaning of the contract is , that the London and North Western and Midland Counties Railway Companies are merely to run their car- riages on the Railway - I must say , I think it is idle to suppose that that was the meaning . The Act ...
Page 80
... meaning of the resolution ; it clearly cannot annul ( for that was the argument ) all that went before ; if that were so , it would neutralise the whole , and make the agreement a nullity ; and therefore it is impossible to put that con ...
... meaning of the resolution ; it clearly cannot annul ( for that was the argument ) all that went before ; if that were so , it would neutralise the whole , and make the agreement a nullity ; and therefore it is impossible to put that con ...
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Common terms and phrases
Act of Parliament aforesaid agreed agreement alleged Ambergate appellants apply authorised bill Birkenhead bound BURY AND BIRMINGHAM Canal Company carriage carry Cherry Burton Clauses Consolidation Act common carriers completed construction contended contract Counties Railway Company Court deed defendants demurrer directors dividend Eastern Counties Railway enacted entered entitled fendants injunction injury judgment LANCASHIRE lease liable line of railway London and North Lord manufactory Market Weighton ment Midland Midland Counties Railway North Western Railway Northern Railway Company opinion Oxford paid pany parcels parish parties passengers passing payment persons plaintiffs powers profits provisions purchase purpose question Rail RAILWAY CO Railways and Canal rateable value Resp respect RIVER DUN shareholders shares shew Shrewsbury Shropshire Shropshire Union Railways South Eastern Railway SOUTH YORKSHIRE RAILWAY statute thereof tiffs tion tolls traffic undertaking Vice-Chancellor Vict West London Railway Western Railway Company whole Worcester YORKSHIRE RAILWAY
Popular passages
Page 526 - 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 722 - 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 454 - ... 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 799 - 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 809 - 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 631 - ... 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 809 - 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 438 - 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 465 - 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 279 - 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.