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.

COSTS,

of mandamus to sheriff to execute precept, 211.
taxation of, 225, n. (c).

of making out title, 226.

of holding of inquisition, id. 227.

of payment of money out of court, where title in dispute,
&c. 228, 229.

of interim investment in funds, &c., 229.

of payment of dividends, &c., 230.

of ultimate investment, 230 et seq.

extraordinary costs where company obliged to go into equity
to procure conveyance of legal estate, 233.

COVENANT,

to use railway does not generally run with land, 2.
otherwise as between lessor and lessee, 2, 3.

for payment of tenants' damages, to whom money pay-
able, 8.

for payment of fixed sum of money as consideration for with-
drawing opposition in parliament, effect of, 60.

for use of branch railway paying higher rate of toll, not to
be enforced by injunction, 79, 80.

does not run with the land, 80.

to make archway, specific performance of, when decreed,
123.

test of dependent and independent, 140.

implied for title on transfer of railway shares, 267.

CUTTINGS,

power to take land for, 75.

right of company to make, on deviated line, 78.

D.

DAMAGE. See COMPENSATION; FUTURE DAMAGE.

company to do as little as possible, 90.

DEVIATED LINE,

revived powers of company taken to apply to, 134, 135.
DEVIATION,

stipulation for, on withdrawing opposition in parliament,
not necessarily illegal, 59.

what held not to amount to, 77.
power of, how construed, 78.

cuttings and embankments on deviated line, id.
effect of, on powers of company, 129.

DIRECTORS. See PROVISIONAL COMMITTEE.
provisional, when cannot reserve shares, 36.
liable to account for profits made thereby, id.
liable for suffering deposits to remain unpaid, id.
semble, may enforce payment of deposit, 42, n.

semble, liable for issuing more than proper number of
shares, 53.

when indictable, id.

one, when may sue other, 44.

rights of, against subscribers, 53.

not liable for deposit, id.

liable on contracts, &c. for benefit of undertaking, 53, 54.
circumstances which lead to presumption that credit not
given to, 54.

proof of party's having consented to be a director neces-
sary, 55.

new director liable on prior contract, if he adopt it, id.

liability of, how determinable, 18, 56.

liability of, on contract for withdrawing opposition in par- ·
liament, 57-60.

acts of, how far binding on company, 71, 72.

invalidity of appointment of, shareholders when cannot

take objection on score of, 72.

vacancy in directory, effect of, 71, 72.

mode of appointment of, 240.

qualification of, id.

what not a contract to disqualify party from becoming, id.

number of, id. 241.

tenure of office, 241.

office, how lost, 241, 242.

remuneration of, 242.

semble, may be removed for misconduct, 238.

powers of, 243.

powers of, contracting, id.

duties of, 244.

liabilities of, to company, 245.

to third parties, 246.

liable to company in equity for fraud, &c. 362.

invalidity of appointment of, no ground for relief in equity
against action for calls, 373.

cannot be pleaded in action for calls, 352.

DISTANCE,

prohibition against making rail or tram roads, railway sta-
tions, conveniences, &c. for deposit of goods within given
distance, 116-118.

house, &c. when to be deemed within given distance of
railway, 114, 115.

DRAINING,

making railway without proper drainage, &c., and thereby
causing an inundation of adjoining property, ground for
compensation, 195.

DUTIES, &c. OF RAILWAY COMPANY.

to complete railway, 148–151.

to maintain railway, 151, 152.

to keep it free from impediments, 152.

to fence railway, &c., 152, 153.

to act up to purposes of their institution, 153.
to make and enforce payment of calls, 154.

EASEMENT,

E.

right to make railway may be claimed by way of, 6, 7.
railway, when only an easement, not liable to rate, 7.
compensation in respect of, 188.

injunction, when lies to secure, 367.

EMBANKMENTS. See CUTTINGS.

ENGINE,

company liable for accident from defect in, 322, 323.

ENTAIL,

of lands taken by company, when barred, 218.

EQUALITY,

of charges, 318-321.

EQUITABLE MORTGAGE. See MORTGAGE.
EQUITY. See INJUNCTION; SUIT.

remedies in, against provisional directors, 36.
against holder of letter of allotment, 36, 42, n.
ESTOPPEL. See CALLS.

in pais, need not be replied, 357.

EVIDENCE.

books of company, how far, 252.
inspection of, id.

of usage, &c. to explain contract for shares, 258.
parol, of verdict of compensation jury, 208.

in action for calls, 361 et seq. See CALLS.

RR

EXECUTORS,

right of, to shares of deceased shareholder, 274.
probate, id.

liability of, for calls, 289, 290.

EXEMPTION,

from rateability, 159, 160.

EX PARTE INJUNCTION, 407,

414.

FALSE PRETENCES,

within joint stock companies act, what are, 21.
what evidence of sufficient, id.

FALSE REPRESENTATION. See PROSPECTUS.

FARES. See CARRIERS; TOLLS.

FENCES,

companies liable for neglecting to erect, &c. 179.
to be made by company, 345, 346.

FENCING,

of railway, 152, 153.

FERRY,

disturbance of, 415, n. (g).

issue directed by Court of Equity to try right to, 416.

FIFTY FEET,

when house to be deemed within, 114, 115.

FIRE,

company liable for, where occasioned by sparks being neg-
ligently allowed to escape from engine on railway, 182,

183.

FOREIGN RAILWAY COMPANIES,

when to be provisionally registered, 12, 13.

FORFEITURE,

stipulations for, in building contract, 143 et seq.
of shares, 274, 275.