FORFEITURE-(continued.) liability for calls, how far got rid of by, 290, 291. injunction, when lies to restrain, 372. FRAUD, whether railway act impeachable on ground of, 61. covenant 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. G. GARDEN, held to be included in term "house" in certificate, 76. GATES, at level crossings, 334, 335. GENERAL ISSUE, in action for calls, effect of, 354. in action against railway company, 386, 387. GENERAL MEETING, 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- HOUSE-(continued.) provision for protection of, 111 et seq. 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. what not a road, station, &c. within prohibited distance of, what a breach of a prohibition against making conveniences, HUSBAND AND WIFE, wife's share pass to husband, and to assignees of husband 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. for obstructing road, 181. for setting steam-engine going on railway, 369. 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- covenant for user of branch railway charging higher rate of granted to restrain company from making arch over mill INJUNCTION-(continued.) obtained by company to restrain trustees of road from re- to restrain company from making road otherwise than to to restrain company from acting contrary to scope of their when not granted to restrain party from taking up rails laid when granted to restrain nuisance by company, id. 178. 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 to enforce directors to make calls on all shareholders alike, to restrain forfeiture of shares, id. to restrain action for calls, 372-374. for stranger against company, when company go beyond in case of urgency, may be moved for ex parte, after ap- 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 subsequent dealing with by court, 410, 411. where obtained by fraud, &c. 412. lies, to restrain company from proceeding in violation of lies in plain case of nuisance, 413, 414. may be moved for ex parte, 414. how dealt with, if obtained by misrepresentation, &c. id. lies to protect right, in regard of which party may recover INJURY. See COMPENSATION. INJURED, what meant by term, 100, 101. INQUISITION. See COMPENSATION; MANDAMUS; COSTS. to be holden before proper party, 202. separate assessment of purchase-money and compensation, presumption in favour of, 204. semble, to show jurisdiction on face of it, 205, 206. need not show compliance with provision of act operating as form of, id. effect of, and on what interests must be taken to operate, parol evidence of verdict of jury, &c. 208. certiorari to remove. See CERTIORARI. INSOLVENCY, of contract or for railway works. See BANKRUPTCY. 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. IRELAND, Irish railway company suing for calls in England, when to ISSUE, what directed by Court of Equity, 416. JUDGE'S ORDER, J. for charging shares, 272, 273. purchase-money in hands of third party cannot be attached JUDGMENT, by default in action for calls, 351. JURISDICTION. See PRECEPT; INQUISITION. certificate held to show, without express statement of dis- JUSTICES, jurisdiction of, in case of parties employed on railways, in case of trespasses, &c. on railways, 344, 345. L. LACHES. See ACQUIESCENce. 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 tenant's damages, money reserved by way of, whether pay- when landlord may file bill in equity against railway com- LEASE, how far company competent to grant, 126, 127. of railway shares, lessee estopped from denying lessor's LEGAL PROCEEDINGS, Board of Trade, when to certify for taking, against com- notice to be first given, 339. certificate necessary, id. LEGALITY, of railway company, 67. LEGISLATURE. See PARLIAMENT. LETTER OF ALLOTMENT. See SCRIP CERTIFICATES; holder of, liable to pay deposits, 42, n. remedies against holder, in case of default in payment of forfeiture of, 36, 42, n. "void," construed to mean voidable at election of com- mittee, 42, n., 43, n. LEVEL CROSSINGS, 334, 335. |