INDEX.

ABANDONMENT,

what may amount to of their powers by a Railway Company, 24.
ACCESS,

to special act, 117, 118.

ACCOMMODATION WORKS, 72, 74.

ACCOUNT,

annual account to be made up and transmitted to the clerk of the
peace, &c., 97.

regulations concerning the keeping of, and inspection of by share-
holders, 174, 175.

ACCOUNT BOOKS,

of company to be open to the inspection of mortgagees and bond
creditors, 152.

ACCOUNTANT GENERAL,

of the Court of Chancery in England, or Exchequer in Ireland,
money deposited in Bank to be placed to the account of, 233,

248.

ACT OF PARLIAMENT,

principles applied to the construction of railway act, 7.

regarded as a contract with the public, 7.

ambiguities to be taken against companies, 7.

construction of act embodying provisions of prior act, 10, 11.

ACTION,

when sustainable against a company, 28.

may be brought against a company for any damage not the neces-
sary consequences of the powers conferred, 38.

for tortious acts or negligence, 28, 29.

for setting fire to stacks, 29.

may be brought by any landowner omitted from the schedule, 31.
on the case, by party suffering damage to right of way, 62.

for damage done to easements generally, 63.

against carriers.-See CARRIERS.

enforcement of calls by, 134.

against company for not purchasing after tender of conveyance, 230.
ACQUIESCENCE,

effect of to deprive a party of his remedy against a Railway Com-
pany, 12.

ADDRESSES,

of shareholders to be registered, 125.
ADMIRALTY,

consent of required to works below high water mark, 32.
AFFIDAVIT,

for a mandamus to allow a branch railway to be made, 77.
of title to lands, entitles a party to obtain money paid into court,
under section 79 of the Lands' Clauses Act, in the absence of
counter affidavits, 242.

AGENT,

how far companies bound by agreement of, 8, 9.

Parliamentary, necessary qualifications of, App. 31.
responsibility and duties of generally, App. 31, et seq. 49.
name of, to be entered on petition, App. 42.

AGREEMENT,

effect of, relative to withdrawing opposition to bill, 9, 10.
by agent, how far binding on company, 8.

with a peer or member of Parliament, 9.

with landowner to purchase land binding, though land be not re-
quired, 10.

of former company, how far binding on a succeeding company,
10, 11.

when Court of Chancery will decree specific performance of, 32.
See SUBSCRIBERS' AGREEMENT.

purchase of land by, provisions respecting, 199, et seq.
AIRWAYS,

of mines.-See MINES.

ALLOTMENT,

of shares, App. 7-14.

letters of allotment, ib.

if more than the proper number of shares allotted, directors liable
to holder of letters of allotment for which they cannot assign
corresponding shares, App. 12.

ALTERATION,

of course of rivers, &c., 20.

ALTERATION AND REPAIRS OF WORKS, 21.
AMALGAMATION, 165.

AMENDMENT,

in bill made by committee, App. 50, 53, 65, 27.

in report of committee by the House, 45.

AMENDS,

in what cases tender of shall be a bar to action against company,
109, 182.

APPEAL,

to the Board of Trade against deviations, 17.

from decision of justices relative to the crossing of highways on the
level, 65.

from determinations or adjudications of justices generally, 115.
notice of, ib.

APPLICATION,

to the Courts of Chancery or Queen's Bench.-See INJUNCTION,
MANDAMUS, &c.

of bridge, mandamus granted to widen, 55, 58.

approaches and fences to be made to highways crossed on the level,66,
AQUEDUCT,

section and duplicate of to be deposited with plan, App. 17, 37.
ARBITRATION,

provisions concerning, 105-108, 178-180, 207.

compensation exceeding 50l. to be settled by, at the option of party
claiming compensation, 207.

appointment of arbitrators, 105, 178.

in case of death or incapacity to act of arbitrator before and after
reference, provisions concerning, 106, 179.

appointment of umpire when more than one arbitrator, 106, 179.
powers of arbitrators, 107, 179.

declaration to be made by arbitrator and umpire, 107, 108.

costs to be in discretion of arbitrators, 108, 180.

submission to arbitration to be made rule of court, ib.

award not to be set aside for matter of form, ib.

appeal from decision of surveyor to arbitration, 229.
costs of such arbitration, ib.

ARBITRATOR.-See ARBITRATION.

ARCHES,

to be marked on deposited plans, 18.-See WORKS.
ARCHWAY,

injunction to restrain company from making an archway over
streets, 26.

ARRANGEMENT,

what may be held to constitute an arrangement with a company
so as to deprive landowner of right to cross railway, 75.

ARREARS,

due on mortgages to be enforced by the appointment of a receiver,
150.

ASCENT,

of bridges, 55.

ASSENTS, DISSENTS, AND NEUTERS,

lists of, to be made, App. 20.

AUDITORS,

appointment, duties, election, qualification, and rotation of, 170.
vacancies in office of, ib.

delivery of balance sheet, &c., by directors to, 171.

duty and powers of, ib.

BANK,

B

interpretation clause respecting, 5.
BANKRUPTCY,

proof of debts in, 181.

of Railway Companies, Add. xcviii.
BILLS,

private, must be solicited by a Parliamentary agent and introduced
by a petition, App. 31, 42.

mode of passing through Parliament, App. 42, 31, et seq.

to empower a company already constituted by act of Parliament to
execute any work other than that for which it was originally
established, standing orders of the Lords concerning, App. 61.
BOARD OF TRADE,

abolished as to railways by 9 & 10 Vict. c. 105. App. 30. Add. cix.
constitution, powers, and practice of, App. 21, et seq.
power of, to decide concerning deviations, 17.

to order screen for roads to be made, 68.

to modify the construction of roads, bridges, &c., 68.
authentication of certificates of, 70.

deposit at, of plans, sections, and books of reference, on or before
the 30th November, App. 39, 57.

now at office of commissioners, App. 30.

power to certify concerning, 18.-See WORKS.

power of to appoint umpire on neglect of arbitrator, 106, 179.
BONA FIDE,

extent to which the court will inquire whether company be acting
bona fide, 26.

BONDS,

requisites of, 147.
register of, 148.

rights of obligees, 148.

form of, 192,

form of transfer of, 193.

BOOK,

of reference.-See PLAN.

BRANCH RAILWAYS,

power to make, under what conditions, 75.

to be regulated by the Board of Trade, App. 23, 30.

BREVIATE,

of a bill, orders concerning, App. 34, 52.

BRIDGE,

cases of interferences with bridges, and substitution of new ones,

25, 26, 27.

repair of, 68.

construction of, 68.-See WORKS.

BRIDLE WAYS,

approaches and fences to, crossed on the level, 66.

BROOKS.-See RIVERS.

BUILDINGS,

additional plan of, on enlarged scale, to be deposited with plans,
App. 38, 55.

BYE LAWS,

power of company to make regulations by, 98, 176.
publication of, 99.

effect of, and proof of, 99, 178.

under what conditions valid, and cases concerning, 176.
fines for breach of, 177.

interest to be paid on calls unpaid, 134.

enforcement of calls by action, declaration in action, 134.

forms of declaration, Add. p. cxxxiii.

evidence in actions for calls, 135.

proof of proprietorship, 135-138.

where the transferee by deed of a share has not registered, choice
of action against either him or the registered proprietor, 136.
condition precedent to action for calls, 137.

pleas allowed and disallowed, 137, 139.

statutory form of declaration is supposed to have alleged all things
necessary to be proved, 139, and pleas denying any such things
must conclude to the contrary, ib.

resolution to make may be prospective. 134.

CAPITAL,

to be subscribed before compulsory powers of purchase to be put
in force, 203.

certificate of justices evidence of subscription of, 205.

power to convert loan into, 152.

CARELESSNESS,

what may amount to on the part of a company, 29.
CARRIERS,

railway company common carriers, 83.

definition of common carriers, 84.

company liable as such for any obstruction or negligence, whereby
passengers are injured or endangered, 84.

unless where such obstruction or negligence felonious, when ser-
vants alone can be indicted, 84.

company to convey safely all goods, and liable for all injuries,
except from the act of God and the king's enemies, carriers'
act, 84.

form of action against a carrier, 85.

proper party to sue, 85.

company bound to convey parcels, &c. safely, not only through-
out their own line, but all branch lines connected with them, 87.
action against company for goods destroyed by fire, 86.

for damage to horses, 86.