HOUSE-(continued.)

provision for protection of, 111 et seq.
to what it applies, 112.

what a house, &c. situate within fifty feet of railway, 114,

115.

what not, 115.

inquisition about, when to be taken by a special jury, 116.
consequences of its not being so taken, id.

what not a road, station, &c. within prohibited distance of,
116, 117.

what a breach of a prohibition against making conveniences,
&c. for deposit, &c. of goods within given distance of, 118.

HUSBAND AND WIFE,

wife's share pass to husband, and to assignees of husband
on his bankruptcy, 271, 272.

I.

ILLEGALITY,

not to be presumed, 58, 59.

in proceedings of public meeting of company, 71.

INDICTMENT,

against provisional directors, 53.

railway company liable to, for nonfeasance, 178, 421.
when not liable to, 183, 184.

for obstructing road, 181.

for setting steam-engine going on railway, 369.
for wrenching off locks of gates along line, 370.

railway company liable to, for misfeasance, 421.
not for felonies, &c. id. 421.

form of, against company, 422:

INJUNCTION,

right of owner of soil to, against grantee of way leave,

8 et seq.

right lost by acquiescence, 9.

not granted, when railway completed, 9.

when granted, to restrain owner of soil from taking advan-
tage of his legal right, 10.

covenant for user of branch railway charging higher rate of
toll, when not to be enforced by, 80.

granted to restrain company from making arch over mill
stream of less than given dimensions, 90.

INJUNCTION-(continued.)

obtained by company to restrain trustees of road from re-
moving stone blocks, dissolved, 106.

to restrain company from making road otherwise than to
surveyor's satisfaction, 110.

to restrain company from acting contrary to scope of their
institution, 153, 371, 372.

when not granted to restrain party from taking up rails laid
down by company, 177.

when granted to restrain nuisance by company, id. 178.
to restrain company from making excavations near house,
&c. 180, 181.

when railway company may obtain, 366-368.

in case of trespass under colour of title, 368, 416.

when lies for individual shareholder against company, 371
et seq.

to enforce directors to make calls on all shareholders alike,
372.

to restrain forfeiture of shares, id.

to restrain action for calls, 372-374.

for stranger against company, when company go beyond
their powers, 406.

in case of urgencv, may be moved for ex parte, after ap-
pearance, id. 407.

irreparable mischief need not be shown on application for,
407.

laches, &c. may deprive party of, id. 408.

form of, 408.

undertaking, when accepted in lieu of, id. 409.

effect of such undertaking, id.

course pursued by court on application for, where doubtful
legal right involved, 369, 409, 410.

subsequent dealing with by court, 410, 411.

where obtained by fraud, &c. 412.

lies, to restrain company from proceeding in violation of
arrangement, on faith of which the company were suffered
to obtain their act, 412, 413.

lies in plain case of nuisance, 413, 414.

may be moved for ex parte, 414.

how dealt with, if obtained by misrepresentation, &c. id.
course pursued by court, when nuisance not clearly esta-
blished, &c. 414, 415.

lies to protect right, in regard of which party may recover
penalties de die in diem, 415, 416.

INJURY. See COMPENSATION.

INJURED,

what meant by term, 100, 101.

INQUISITION. See COMPENSATION; MANDAMUS; COSTS.
when to be taken by special jury, 116.

to be holden before proper party, 202.
finding of jury, 203.

separate assessment of purchase-money and compensation,
&c. 203, 204.

presumption in favour of, 204.

semble, to show jurisdiction on face of it, 205, 206.
when held to do so, id.

need not show compliance with provision of act operating as
a defeasance of powers of company, 206.

form of, id.

effect of, and on what interests must be taken to operate,
207, 208.

parol evidence of verdict of jury, &c. 208.

certiorari to remove. See CERTIORARI.

INSOLVENCY,

of contract or for railway works. See BANKRUPTCY.
INSPECTION,

of books of company in action for calls, 252, 362.

INSPECTORS,

of railways, 330, 331.

INTEREST,

in action for calls how recoverable, 351.

INVESTMENT,

of purchase money, &c. See COSTS; PURCHASE-MONEY.
what court will sanction under general power, 224.

IRELAND,

Irish railway company suing for calls in England, when to
give security for costs, 350.

for charging shares, 272, 273.

purchase-money in hands of third party cannot be attached

under, 273, 274.

JUDGMENT,

by default in action for calls, 351.

JURISDICTION. See PRECEPT; INQUISITION.

certificate held to show, without express statement of dis-
pute, 76.

JUSTICES,

jurisdiction of, in case of parties employed on railways,
343, 344.

in case of trespasses, &c. on railways, 344, 345.

when no bar to remedy in equity for compensation-money,
222.

LANDLORD AND TENANT. See TENANCY, &c.

covenant to use railway as between landlord and tenant
runs with land, 2, 3.

tenant's damages, money reserved by way of, whether
able to landlord or tenant, 7, 8.

pay-

when landlord may file bill in equity against railway com-
pany without joining tenant, 418.

LEASE,

how far company competent to grant, 126, 127.

of railway shares, lessee estopped from denying lessor's
title, 267.

LEGAL PROCEEDINGS,

Board of Trade, when to certify for taking, against com-
pany, 337-339.

notice to be first given, 339.

certificate necessary, id.

LEGALITY,

of railway company, 67.
of railway act, 61.

LEGISLATURE. See PARLIAMENT.

LETTER OF ALLOTMENT. See SCRIP CERTIFICATES;
ALLOTMENT OF SHARES.

holder of, liable to pay deposits, 42, n.

remedies against holder, in case of default in payment of
deposit, 43, n.

forfeiture of, 36, 42, n.

"void," construed to mean voidable at election of com-

mittee, 42, n., 43, n.

LEVEL CROSSINGS, 334, 335.

LIEN,

stipulation for, in contract for performance of railway works,

145.

effect of, 145-148.

plea of, by company, 387.

LIGHTS,

of house not included in schedule, action lies against com-
pany for obstructing, &c., 179, 180.

LIMITATION,

of action, 380-382.

LOAN NOTES. See CONTRACT.

railway companies not to borrow money on, 82, n. (d).
LUGGAGE. See CARRIERS.

MAILS,

M.

transmission of, by railway, 346.

MAINTENANCE,

of railway, 151, 152.

MAKING OF RAILWAY. See RAILWAY; DUTIES, &c. OF
RAILWAY COMPANY.

MANDAMUS,

to company to make road to satisfaction of surveyors, 110.
to complete railway, 150, 151.

to issue precept to assess compensation, when lies to com-
pany, 209.

when refused, id.

giving of bond how far a necessary preliminary to applica-
tion for, 209, 210.

to company to issue fresh precept, when does not lie, 211.
to sheriff, &c. to execute precept, id.

semble, does not lie to compel payment of purchase-money
to owner of land, &c. 219.

lies to enforce payment of purchase-money, &c. into bank,

221.

application for, what to show, id.

legality of prior proceedings presumed on such application,

id.

lapse of time, when no reason for refusing, id.

to make calls, 277.

to enforce payment of calls, id.

when lies for shareholder against company, 371.

in what cases lies against company for third party, 388,
389, 392.