CALLS (continued.)

evidence of defendant's proprietorship, where register book
not receivable, 360.

transfer book per se evidence of date of entry of transfer, id.
want of memorial of transfer, id. 361.

minute book evidence of making, 361.

signature, when presumed to be that of chairman, id.
may be appended at subsequent meeting, id.

injunction lies to compel directors to make equally on all
shareholders, 372.

when lies to restrain action for, 372-374.

CANAL. See WATER.

CARRIER,

using railway liable for accident to goods, 303, n.

CARRIERS. See CARRIERS' ACT.

railway company viewed as, 303, et seq.

duties of, 304-306.

liable for refusing to carry, 304.

injury to animal, when liable for, 305, n.

when bound or not to forward goods same day, id. 306.
for what risks liable, 306.

commencement of risks, id. 307.

termination of risks, id. 308.

whether company bound to deliver goods, id.

when liable, though place of delivery beyond limits of

company's business, 308.

special contracts, proof of, id. 309.

effect of, 309-311.

excuse for non-delivery, &c., 315, 316.

in case of animal, 315, n.

stoppage in transitu, 316, 317.

charges of company, when unreasonable, 317, 318.

when unequal, 318, et seq.

short passenger may be charged at higher rate than

long, 320, 321.

right of price of carriage, 321.

lien of company, id.

special property of company in goods, &c., id.
company viewed as passenger carriers, 322, et seq.

duties of, 322-324.

liable for defect in engine, 322, 323.

bound to utmost care and diligence, 325.

not liable for mere accident, id.

company to explain how accident happened, 326.
liability of, as to luggage of passengers, 326-328.
right to fare, 329.

right of lien, id.

CARRIERS-(continued.)

declaration when charges company as, and not as railway
proprietors, 379.

in declaring against company as, what plaintiff to aver, 385.
company sued as, when may plead general issue, 386.
mandamus does not lie to company to compel them to carry,
389, 390.

CARRIERS' ACT,

obligations imposed by, 312.
on whom obligatory, id. 313.
what articles fall within, 313.

degree of liability of company under, id. 314.
main results of, 314.

CERTIFICATE OF BOARD OF TRADE. See LEGAL

CERTIFICATE,

of justices to correct error, &c. in book of reference, 76.
when justices to grant, id.

effect of, id.

for a house, what held to include, id.

need not expressly aver dispute, id.

CERTIFICATE OF REGISTRATION, 17.

CERTIFICATES OF SHARES,

tender of, what sufficient, 260, 261.

CERTIORARI,

lies for railway company to remove coroner's inquest, 364.
lies to remove inquisition under railway act, 399, 400.
coroner's inquest, 401.
application for, cannot be renewed, id.

what must be shown in order to obtain, id.
writ, how taken away, 402.

of the effect of taking it away, 402-404.

CLERGYMEN,

semble cannot act as managers, &c. of railway companies, 20.
but may be shareholders, id.

COLONIAL RAILWAY COMPANIES,

when to be registered, 12, 13.

COMMITTEE. See DIRECTORS; PROVISIONAL COMMITTEE.

COMMON SEAL OF COMPANY. See AGENT; CONTRACT;

TORT.

appointment of agent to be under, 72.

how far necessary to validity of acts of company, 73.

by whom may be applied, id. 74.

COMPANY. See DIRECTORS; SUBSCRIBERS; RAILWAY COM-

PANY.

for making railway, provisional formation of, 11 et seq.
registration of, 14 et seq.

powers of, under provisional instruments, 26, 27.
powers of, on provisional registration, 27, 28.

on complete registration, 28 et seq.

COMPENSATION. See CERTIORARI; HOUSE; INQUISITION;
MANDAMUS; NOTICE; PRECEPT; PURCHASE MONEY;
COSTS.

construction of clause relative to, 64.

time for making, 185 et seq.

what not a temporary taking possession of land, 187.
in regard of what interests, 187 et seq.

in regard of easement, 188.

in regard of tenancies at will, &c., id. 189.

not claimable where premises not given up before time, 189.
tenant how far entitled to apportionment of rent, 190.

in regard of tenant's fixtures, good-will, &c., id. 191.
for what damages to be given, 191 et seq.

must be damages caused in execution of powers of act, 191,

192.

how far to be made for damages independent of taking of
land, 192 et seq.

what damages sufficient to support claim for, 194, 195.
trifling damages, &c. not sufficient, 196.

for future damages, 197, 198.

entire claim, when to be brought forward at once, 198.
mandamus to assess, 389.

COMPLETE REGISTRATION,
how made, 18, 19.

not compulsory ou companies, 19.

expediency of, id.

powers of company on, 28 et seq.

COMPLETION,

of line of railway, determines powers of company, 130, 131.
of railway, obligatory on company, 148–151.

COMPULSORY POWERS. See POWERS OF RAILWAY
COMPANY.

See CALLS.

CONDITIONS PRECEDENT.

compliance with, to be shown, to give right of action against

company, 170, 171, 384, 385.

CONNECTING RAILWAYS,

disputes between, how to be settled, 333.

CONSIDERATION,

failure of, determines powers of company, 127.

failure from state, &c. of company, where incapable of
completing line, 128.

by reason of deviation by company, id. 129.
failure from extrinsic causes, 130.

CONSTITUTION,

of company generally, 68, 69.

cannot be altered by bye law, 248.

CONSTRUCTION.

See ACT OF PARLIAMENT.

of act of incorporation generally, 62, 63.

of clause giving powers, 63.

of clause giving right to take tolls, 64, 300 et seq.

of compensation clause, 64.

of several acts relative to same company, 65, 66.

of restrictions on powers of company to deal with roads,
&c., 96 et seq.

with aquatic rights, 92 et seq.

of contracts of railway company, 169, 170.

of contract for transfer of shares, 258.

"void" construed to mean “voidable" at election of com-
mittee, 42, n, 43, n.

CONTINUING POWERS, 131.

CONTRACT. See AGREEMENT; DIRECTORS; SHARES; SUB-
SCRIBERS; SUIT; SPECIFIC PERFORMANCE.

for sale of shares, 257 et seq.

what company competent to make, 81, 82.

cannot make bills or notes, &c., 82.

loan notes already issued may be renewed, id. n. (d).

to be paid when due, &c., id.

to be registered, id.

with railway company, 136.

when need not be under common seal of company, 137.

adoption of, by company, effect of, 137.

for purchase of land, 138. See VENDOR AND PURCHASER.

for sale of surplus land, 139.

for performance of works, 139 et seq.

validity of, generally, 139, 140.

dependent and independent covenants, test of, 140.

CONTRACT-(continued.)

stipulation for engineer of company being judge of works,
142, 143.

stipulations for forfeitures, 143 et seq.

how far liable to be affected by contractor's bankruptcy,
144-146.

effect of such stipulations, 146–148.

of railway company, when company liable on, though not
under commmon seal of company, 161.

company liable in case of adoption, &c. of contract, 162.
of projectors, for withdrawal of opposition in parliament,
how far binding on company, 162 et seq. See AGREE-

MENT.

requisites of contract by railway company, 167 et seq.
mutual consent necessary, 167, 168.

legality, &c. of subject-matter, 168, 169.

statute of frauds, what a part acceptance within, 169.
laws of construction, id. 170.

incidents of, 170 et seq.

conditions precedent, 170, 171.

fraud, oppression, &c. on part of company, equity relieves
against, 171.

specific performance of, id. 172.

for purchase of land, effect of company taking possession,
172.

where specific performance of, semble, not decreed against
company, 173.

CONTRACTOR FOR RAILWAY WORKS. See WORKS,
when equity will relieve against decision of company's en-
gineer, 171.

CONVERSION,

railway company liable for, 176.

CONVEYANCE,

effect of party refusing, &c. to convey, 212, 213.

of legal estate, suit in equity where necessary to procure,
213, 214.

CORONER'S INQUEST. See CERTIORARI.

when company may move to quash, 364.

what course company to pursue where several deodands
levied at once on same engine, 365.

may be quashed in part, id. 366.

court in general leaves company to traverse, &c. 366.

certiorari, when lies to remove, 401.

when company must pay deodand, 422.

CORPORATION,

powers of company viewed as, 68, 69.