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 |
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Page 3
... principle ; and although in that case the demurrer to the bill was afterwards , on appeal , allowed , yet the judgment UPON - TYNE of the Vice - Chancellor was reversed on other grounds , and did not impugn the principle on which he had ...
... principle ; and although in that case the demurrer to the bill was afterwards , on appeal , allowed , yet the judgment UPON - TYNE of the Vice - Chancellor was reversed on other grounds , and did not impugn the principle on which he had ...
Page 6
... principle of the rule of equity , on whose behalf Harper and Yates must be taken to have made the contract . It is true , that it was originally made on behalf of a different body ; but the promoters of the two rival lines afterwards ...
... principle of the rule of equity , on whose behalf Harper and Yates must be taken to have made the contract . It is true , that it was originally made on behalf of a different body ; but the promoters of the two rival lines afterwards ...
Page 37
... principle , establishing a right to the specific performance of the contract . Now , with respect to the laches : I feel no difficulty at all on that question . I admit the principle urged by the defendants ' counsel , and think it a ...
... principle , establishing a right to the specific performance of the contract . Now , with respect to the laches : I feel no difficulty at all on that question . I admit the principle urged by the defendants ' counsel , and think it a ...
Page 39
... principle and innovation into the doctrines this Court enforces , with regard to the specific performance of contracts ; and I am satisfied that no au- thority can be produced , to shew that any such principle has been acted upon , at ...
... principle and innovation into the doctrines this Court enforces , with regard to the specific performance of contracts ; and I am satisfied that no au- thority can be produced , to shew that any such principle has been acted upon , at ...
Page 41
... principle of which case , they contended , had been adopt- ( a ) Preceding Case . ( b ) 11 Beav . 355 . ( c ) My . & Cr . 650 . ( d ) 2 Sch . & Lef . 553 . 20th . 1852 . LORD J. STUART v . THE LONDON AND RAILWAY , CANAL , AND JOINT ...
... principle of which case , they contended , had been adopt- ( a ) Preceding Case . ( b ) 11 Beav . 355 . ( c ) My . & Cr . 650 . ( d ) 2 Sch . & Lef . 553 . 20th . 1852 . LORD J. STUART v . THE LONDON AND RAILWAY , CANAL , AND JOINT ...
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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.