Cases Relating to Railways and Canals: 1849-1852Henry Iltid Nicholl, Thomas Hare, John Monson Carrow, Lionel Oliver, Edward Beavan, Thomas Edward Preston Lefroy A. Maxwell, 1852 |
From inside the book
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Page 12
... entitled to have , " it makes all clear . ] Se- condly , the plaintiff ought to have gone before the Master under the 11 & 12 Vict . c . 45 , s . 73 ; and if creditors are enabled to proceed against shareholders under the 7 & 8 Vict . c ...
... entitled to have , " it makes all clear . ] Se- condly , the plaintiff ought to have gone before the Master under the 11 & 12 Vict . c . 45 , s . 73 ; and if creditors are enabled to proceed against shareholders under the 7 & 8 Vict . c ...
Page 15
... entitled to be paid . That mode of obtaining satisfaction is substi- tuted by that statute for the direct remedy given by the former one ; but if that should prove abortive , this Court will , in the exercise of its discretion , give ...
... entitled to be paid . That mode of obtaining satisfaction is substi- tuted by that statute for the direct remedy given by the former one ; but if that should prove abortive , this Court will , in the exercise of its discretion , give ...
Page 24
... entitled to the fee or to a mere equitable interest , as they have not stated in their notice what interest they possess . What , then , did the parties intend to refer ? The appointment of arbitrator is evidence of that intention ...
... entitled to the fee or to a mere equitable interest , as they have not stated in their notice what interest they possess . What , then , did the parties intend to refer ? The appointment of arbitrator is evidence of that intention ...
Page 58
... entitled , he is no share- holder . ] He may not be a shareholder legally , but he still may be de facto , and the legality of the creation of the shares would not be in issue under the other pleas . [ Al- derson , B. - The 28th section ...
... entitled , he is no share- holder . ] He may not be a shareholder legally , but he still may be de facto , and the legality of the creation of the shares would not be in issue under the other pleas . [ Al- derson , B. - The 28th section ...
Page 60
... entitled to participate in the profits ; there- UNION RAIL fore , under a traverse of the defendant being a shareholder , he may prove that he is not such a shareholder as is entitled to profits . The 28th section shows that the primâ ...
... entitled to participate in the profits ; there- UNION RAIL fore , under a traverse of the defendant being a shareholder , he may prove that he is not such a shareholder as is entitled to profits . The 28th section shows that the primâ ...
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Common terms and phrases
11 Vict 68th section Act of Parliament action aforesaid agreement alleged amount application appointed arbitration authorised bill Birkenhead Birmingham Birmingham and Oxford bond Canal carriages claim Clauses Consolidation Act compensation construction contract Court creditors damage debt declaration defendants demurrer deposit directors EAST ANGLIAN RAILWAY East Lancashire Railway Eastern Counties Railway Eastern Union Eastern Union Railway entitled Exch execution holder injunction injury interest judgment Junction Railway Company jury Lancashire Lands Clauses Consolidation liable London and North Lord Chancellor Manchester ment mortgage North Staffordshire Railway North Western Railway notice Oxford Junction paid pany parish parties payable payment persons plaintiff plea powers proceedings purchase purpose question Rail RAILWAY CO received REGINA respect Rossendale Sect shareholders shares sheriff shew SHIRE South Eastern Railway South Wales Railway statute subscribers taken thereof tion tolls UNION RAIL Vice-Chancellor Western Railway Company
Popular passages
Page 279 - If any party shall be entitled to any compensation in respect of any lands or of any interest therein, which shall have been taken for or injuriously affected by the execution of the works...
Page 81 - Justice left the case to the jury, who found a verdict for the defendant ; and a rule nisi was obtained for a new trial, on the ground that the case was not properly presented to the jury.
Page 374 - Act incorporated therewith, and if the Compensation claimed in such Case shall exceed the Sum of Fifty Pounds, such Party may have the same settled either by Arbitration or by the Verdict of a Jury, as he shall think fit ; and if such Party desire to have the same settled by Arbitration, it shall be lawful for him to give Notice in Writing to the Promoters of the Undertaking of such his Desire, stating in such Notice the Nature of the Interest in such...
Page 207 - The company shall make and at all times thereafter maintain the following works for the accommodation of the owners and occupiers of lands adjoining the railway...
Page 176 - Any Capital raised by the Creation of new Shares shall be considered as Part of the original Capital...
Page 279 - ... and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and enter into a written agreement for that purpose, they shall, within twenty-one days after the receipt of such notice, issue their warrant to the sheriff to summon a jury for settling the same in the manner herein provided...
Page 279 - ... as he shall think fit; and if such party desire to have the same settled by arbitration, it shall be lawful for him to give notice in writing to the promoters of the undertaking of such his desire, stating in such notice the nature of the interest...
Page 279 - ... give notice in writing of such his desire to the promoters of the undertaking, stating such particulars as aforesaid, and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and enter into a written agreement for that purpose...
Page 374 - ... be willing to pay the amount of compensation so claimed, and shall enter into a written agreement for that purpose within twenty-one days after the receipt of any such notice from any party so entitled, the same shall be settled by arbitration in the manner herein provided ; or if the party so entitled as aforesaid desire to have such question of compensation settled by a jury, it shall be lawful for him to give notice in writing of such his desire to the promoters...
Page 460 - Hereditaments rated thereunto; that is to say, of the Rent at which the same might reasonably be expected to let from year to year, free of all usual Tenant's Rates and Taxes, and Tithe Commutation Rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses, if any, necessary to maintain them in a state to command such Rent...