« EelmineJätka »
evidence of defendant's proprietorship, where register book
transfer book per se evidence of date of entry of transfer, id.
minute book evidence of making, 361.
signature, when presumed to be that of chairman, id.
injunction lies to compel directors to make equally on all
when lies to restrain action for, 372-374.
CANAL. See WATER.
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.
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.
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.
right of lien, id.
declaration when charges company as, and not as railway
in declaring against company as, what plaintiff to aver, 385.
obligations imposed by, 312.
degree of liability of company under, id. 314.
CERTIFICATE OF BOARD OF TRADE. See LEGAL
of justices to correct error, &c. in book of reference, 76.
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.
lies for railway company to remove coroner's inquest, 364.
what must be shown in order to obtain, id.
of the effect of taking it away, 402-404.
semble cannot act as managers, &c. of railway companies, 20.
COLONIAL RAILWAY COMPANIES,
when to be registered, 12, 13.
COMMITTEE. See DIRECTORS; PROVISIONAL COMMITTEE.
COMMON SEAL OF COMPANY. See AGENT; CONTRACT;
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-
for making railway, provisional formation of, 11 et seq.
powers of, under provisional instruments, 26, 27.
on complete registration, 28 et seq.
COMPENSATION. See CERTIORARI; HOUSE; INQUISITION;
construction of clause relative to, 64.
time for making, 185 et seq.
what not a temporary taking possession of land, 187.
in regard of easement, 188.
in regard of tenancies at will, &c., id. 189.
not claimable where premises not given up before time, 189.
in regard of tenant's fixtures, good-will, &c., id. 191.
must be damages caused in execution of powers of act, 191,
how far to be made for damages independent of taking of
what damages sufficient to support claim for, 194, 195.
for future damages, 197, 198.
entire claim, when to be brought forward at once, 198.
not compulsory ou companies, 19.
expediency of, id.
powers of company on, 28 et seq.
of line of railway, determines powers of company, 130, 131.
COMPULSORY POWERS. See POWERS OF RAILWAY
compliance with, to be shown, to give right of action against
company, 170, 171, 384, 385.
disputes between, how to be settled, 333.
failure of, determines powers of company, 127.
failure from state, &c. of company, where incapable of
by reason of deviation by company, id. 129.
of company generally, 68, 69.
cannot be altered by bye law, 248.
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,
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-
CONTINUING POWERS, 131.
CONTRACT. See AGREEMENT; DIRECTORS; SHARES; SUB-
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.
stipulation for engineer of company being judge of works,
stipulations for forfeitures, 143 et seq.
how far liable to be affected by contractor's bankruptcy,
effect of such stipulations, 146–148.
of railway company, when company liable on, though not
company liable in case of adoption, &c. of contract, 162.
requisites of contract by railway company, 167 et seq.
legality, &c. of subject-matter, 168, 169.
statute of frauds, what a part acceptance within, 169.
incidents of, 170 et seq.
conditions precedent, 170, 171.
fraud, oppression, &c. on part of company, equity relieves
specific performance of, id. 172.
for purchase of land, effect of company taking possession,
where specific performance of, semble, not decreed against
CONTRACTOR FOR RAILWAY WORKS. See WORKS,
railway company liable for, 176.
effect of party refusing, &c. to convey, 212, 213.
of legal estate, suit in equity where necessary to procure,
CORONER'S INQUEST. See CERTIORARI.
when company may move to quash, 364.
what course company to pursue where several deodands
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.
powers of company viewed as, 68, 69.