A Treatise on the Law of Railways: Railway Companies, and Railway Investments, 2. köide

Front Cover
H. Sweet, 1888

From inside the book

Contents

CHAPTER II
24
The Consolidation Acts 2 Usual Provisions of a Special
26
Meetings of Shareholders
28
The Appointment of Directors and their Meetings
31
The Power of Directors to enter into Contracts
34
Decisions as to particular Contracts intra Vires 7 Control of Shareholders over Directors
45
Restraint of ultra Vires Acts by Third Parties
63
Criminal Law applicable to Fraudulent Directors
69
Dividends
70
The Accounts of the Company and their Audit
76
Remedies of Creditors against Shareholders
80
CHAPTER III
85
Calls on Shareholders
94
Transfer of Shares
103
Forfeiture of Shares
112
Traffic in Shares and Scrip on the Stock Exchange
113
24
121
39
126
Lloyds Bonds
131
45
135
The Acts of 1866 and 1867
136
Investments by Trustees
137
Additional Capital
138
CHAPTER IV
141
62
157
Agreements made after the Special Act is obtained
160
The Compulsory Powers their Commencement and Duration
165
As to taking Part of a House or Portions of Intersected Land
167
The Notice to Treat
174
The Notice of Claim
178
68
179
Entry under Sect 85 of Lands Clauses Act
182
Lien of Unpaid Vendor
193
Procedure to assess Compensation
195
Powers to take temporary Possession of Lands
200
Powers to take temporary Possession of Roads
203
CHAPTER V
206
General Rules
209
Review of Cases
211
70
222
Mines
238
76
240
Leaseholds
243
CHAPTER VI
251
By Surveyors
254
By Arbitration
256
By a Jury
272
80
297
85
310
Whether Money deposited is to be treated as Real or Personal Estate
318
CHAPTER VIII
321
The Title to Lands omitted to be purchased by Mistake
327
Sale of Superfluous Land
331
CHAPTER IX
338
General Powers to construct the Railway and Works
352
Deviations from Datum Line
356
Bridges over Tidal Waters
360
Level Crossings and Accidents at Level Crossings
361
Construction of Accommodation Works
368
Company not bound to construct Railway
371
Cases relating to the Construction of the Railways and Deviations from the Parliamentary Plans
373
Inspection of Passenger Railway before opening
414
Superintendence of Works of Railway after opening
416
Sanction of ByeLaws
418
Origination of Prosecutions and other Legal Proceedings
420
Return as to Tolls Accounts and Traffic Accidents and Signal Arrangements
421
Regulation of Thirdclass Parliamentary Trains
423
Regulation of Speed of Mail Trains
424
Authority of the Board to authorize the Abandonment of Railways
425
Light Railways
426
Notices c from the Board how to be served and signed
427
CHAPTER XI
429
The Railway Commissioners
430
The Railway and Canal Commission
432
General Locus Standi before the Commissioners
433
Enforcement of Sect 2 of The Railway and Canal Traffic Act 1854
434
Enforcement of Special Acts
435
Jurisdiction to award Damages
436
Jurisdiction as to publication of Rates and Terminals
437
Arbitrations
438
Procedure
439
CHAPTER XII
440
Regulations as to Engines and Carriages
444
The Power to act as Carriers
445
The Power to take Tolls and the Toll Clauses of the Special Act
447
Sample Toll Clauses
456
Tables of maximum Charges
460
Impending Revision under Act of 1888
463
The Equality Clause
466
The Law of Traffic Facilities undue Preference c and its Administration by the Court of Common Pleas
470
The Law of Traffic Facilities undue Preference c as administered by the Railway Commissioners
475
The Law of Traffic Facilities undue Preference c as it may be administered by the Railway and Canal Commission
482
89
484
Government Purchase and Revision of Tolls
493
Obligation to convey her Majestys Mails
496
Conveyance of Post Office Parcels
499
Conveyance of Troops
500
Obligation to provide Cheap Trains
501
The Railway Passenger Duty
504
Telegraphs
506
Regulations as to ByeLaws
508
Trespasses Crimes and Penalties
516
CHAPTER XIII
522
CHAPTER XV
537
CHAPTER XVI
543
93
548
Terminal Charges
560
The Protection afforded by the Carriers Act in the Carriage of valuable Goods
572
The Carriage of Explosives
584
103
589
The Carriage of Passengers
594
112
601
The Liability for Negligence under Lord Campbells Act
607
Of Time Tables and Unpunctuality
613
Through Traffic and Sea Traffic
620
Liability to Landowner for Damage caused by Sparks from Engines
628
Liability of Railway Companies for acts of their Servants
637
Observations on the Decisions
649
How to rate a Railway
676
Quarter Rating under the Public Health Act c
688
Windingup of Railway Companies under Abandonment Acts
694
INDEX
707

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Page 550 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the
Page 608 - in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, although the death be caused under such circumstances as amount in law to felony
Page 641 - competent sums shall be levied in each parish for the relief of the poor, by " taxation of every inhabitant, parson, vicar, and other, and of every occupier of lands, houses, tithes impropriate, propriations of tithes, coal mines, or saleable underwoods in the parish,
Page 114 - That all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void, and that no suit shall be brought or maintained in any Court of Law or Equity, for recovering any sum of money
Page 564 - contained shall be construed to prevent the said companies from making such conditions with respect to the receiving, forwarding and delivering of any of the said animals, articles, goods or things, as shall be adjudged by the court or judge, before whom any question relating thereto shall be tried, to be just and reasonable : Provided
Page 625 - ship as aforesaid, caused to any other ship or boat, or to any goods, merchandise or other things whatsoever on board any other ship or boat ; be answerable in damages in respect of loss of life or personal injury either alone or together with loss or damage to ships, boats, goods, merchandise or other things to an aggregate amount exceeding
Page 69 - shall make, circulate, or publish, or concur in making, circulating or publishing, any written statement or account which he shall know to be false in any material particular, with intent to deceive or defraud any member, shareholder or creditor of the company, or with intent to induce any person to become a shareholder, or
Page 636 - Where the employer is a body of persons corporate or unincorporate, the notice shall be served by delivering the same at, or by sending it by post in a registered letter, addressed to the office, or if there be more than one office, any one of the offices of such body.
Page 625 - The owners of any ship, whether British or foreign, shall not, in cases where all or any of the following events occur without their actual fault or privity, that is to say,— (1) Where any loss of life or personal injury is caused to any person being
Page 207 - of the railway, or injuriously affected by the construction thereof, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers and other parties by reason of the exercise as regards such lands " of the powers vested in the company. The

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