« EelmineJätka »
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,
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 use railway does not generally run with land, 2.
for payment of tenants' damages, to whom money pay-
for payment of fixed sum of money as consideration for with-
for use of branch railway paying higher rate of toll, not to
does not run with the land, 80.
to make archway, specific performance of, when decreed,
test of dependent and independent, 140.
implied for title on transfer of railway shares, 267.
power to take land for, 75.
right of company to make, on deviated line, 78.
DAMAGE. See COMPENSATION; FUTURE DAMAGE.
company to do as little as possible, 90.
revived powers of company taken to apply to, 134, 135.
stipulation for, on withdrawing opposition in parliament,
what held not to amount to, 77.
cuttings and embankments on deviated line, id.
DIRECTORS. See PROVISIONAL COMMITTEE.
semble, liable for issuing more than proper number of
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.
proof of party's having consented to be a director neces-
new director liable on prior contract, if he adopt it, id.
liability of, on contract for withdrawing opposition in par-
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.
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
cannot be pleaded in action for calls, 352.
prohibition against making rail or tram roads, railway sta-
house, &c. when to be deemed within given distance of
making railway without proper drainage, &c., and thereby
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.
right to make railway may be claimed by way of, 6, 7.
injunction, when lies to secure, 367.
company liable for accident from defect in, 322, 323.
of lands taken by company, when barred, 218.
of charges, 318-321.
EQUITABLE MORTGAGE. See MORTGAGE.
remedies in, against provisional directors, 36.
ESTOPPEL. See CALLS.
in pais, need not be replied, 357.
books of company, how far, 252.
of usage, &c. to explain contract for shares, 258.
right of, to
shares of deceased shareholder,
liability of, for calls, 289, 290.
from rateability, 159, 160.
EX PARTE INJUNCTION, 407, 414.
meaning of the word, 301.
companies liable for neglecting to erect, &c. 179.
of railway, 152, 153.
disturbance of, 415, n. (q).
issue directed by Court of Equity to try right to, 416.
when house to be deemed within, 114, 115.
company liable for, where occasioned by sparks being neg-
FOREIGN RAILWAY COMPANIES,
when to be provisionally registered, 12, 13.
stipulations for, in building contract, 143 et seq.
liability for calls, how far got rid of by, 290, 291.
injunction, when lies to restrain, 372.
whether railway act impeachable on ground of, 61.
covenaut securing higher rate of toll for use of branch rail-
on part of railway company relieved against in equity, 171.
FRAUDS, STATUTE OF,
what a part acceptance within, of goods by railway com-
contract for sale of shares not within, 258.
shares not goods, &c., or an interest in land within, 257.
held to be included in term "house" in certificate, 76.
at level crossings, 334, 335.
in action for calls, effect of, 354.
in action against railway company, 386, 387.
resolution of, when operates as act of company, 70, 71.
illegality of, not to be presumed, 71.
requisites of, 237.
presumption in favour of legality of, id.
not invalid, because votes of shareholders holding shares in
powers of, id.
proper tribunal for shareholders to appeal to in first in-
HIGHWAY. See WAY; ROAD.
railway a, 299.
when includes yard and garden, 76.