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
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Page 11
... reason of the intended formation of the said Railway ( not exceeding the sum of 1801. ) , before the Company shall enter on any of the lands of the said P. B.Webb for the purpose of making the said Rail- way ; and that all timber and ...
... reason of the intended formation of the said Railway ( not exceeding the sum of 1801. ) , before the Company shall enter on any of the lands of the said P. B.Webb for the purpose of making the said Rail- way ; and that all timber and ...
Page 13
... reason of the intended formation of the Rail- way , amounting to more than 1501 .; and that he had ap- plied to the Company specifically to perform the said agree- ment ; but that they had not done so ; and the plaintiff therefore ...
... reason of the intended formation of the Rail- way , amounting to more than 1501 .; and that he had ap- plied to the Company specifically to perform the said agree- ment ; but that they had not done so ; and the plaintiff therefore ...
Page 17
... reason for this construction . It may well be , that the latter part of the agreement , " it is here- by declared that the said sum of 4500l . is to be the pur- chase - money for the said land so to be taken by the said Company as ...
... reason for this construction . It may well be , that the latter part of the agreement , " it is here- by declared that the said sum of 4500l . is to be the pur- chase - money for the said land so to be taken by the said Company as ...
Page 22
... reason , we need not stop to inquire ; but , undoubtedly , the same relief is also given , unless there be some grounds against it , to the vendor , who seeks merely to have the purchase - money . There , no doubt the Court will inter ...
... reason , we need not stop to inquire ; but , undoubtedly , the same relief is also given , unless there be some grounds against it , to the vendor , who seeks merely to have the purchase - money . There , no doubt the Court will inter ...
Page 24
... , however , intimate , that that is the only reason ; on the contrary , I concur in the judgment which has just been delivered . ! 1 1851 . BEFORE THE MASTER OF THE ROLLS , AND 24 RAILWAY , CANAL , AND JOINT STOCK CASES .
... , however , intimate , that that is the only reason ; on the contrary , I concur in the judgment which has just been delivered . ! 1 1851 . BEFORE THE MASTER OF THE ROLLS , AND 24 RAILWAY , CANAL , AND JOINT STOCK CASES .
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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.