MATERIALS.

company liable for those taken by contractor, I. 242, 243.
right to take, without limits of survey questioned, I. 243.
contracts for.

(See CONTRACTS.)

allowance for depreciation and renewal of, for taxation in England,

ordinary and extraordinary, or general and special, I. 77.

company acts by, I. 79.

special, must be called according to charter, I. 77.

if no special provision, notice to each member necessary, I. 77.
but if all attend it is sufficient, I. 77, n. 2.

special, must notify all important business, I. 77.

general, need not notify business, I. 77.

notice of unusual and important business must be given, I. 78, and n. 4.

may be both general and special, I. 78.

members presumed to have notice of stated meetings, I. 78.

but not of the proceedings of such meetings, I. 78.

adjourned meetings same as original, I. 78.

presumed to be held at place required, I. 79.

right to vote by proxy, I. 79.

directors should be chosen at general, I. 79.

requisite notice, I. 80, 81.

any number who attend after legal notice to all, is quorum,

failure to hold, no dissolution, II. 619.

MINERALS.

(See EMINENT DOMAIN. EQUITY.)

quorum, I. 84.

owner not precluded from digging for, by grant to railway of right to
tunnel, I. 223, n. 15.

on land conveyed to or taken by railway, belong to original owner,
I. 247, 248, 266, 297.

damages for, when recoverable, I. 297.

MINES.

what are, I. 266.

7

MINORITY.

MINUTES.

MISTAKE.

(See MAJORITY.)

(See RECORDS.)

as affecting specific performance, II. 341, 342.
ground of relieving from contract, II. 496, 497.

MISUSE.

of corporate franchises, II. 620, 621, notes 6 and 7.
MORTGAGE. (See RAILWAY INVESTMENTS.)
of franchise, I. 106; II. 514 et seq., n. 22.

of shares, company not compelled to record, I. 144, 145.

of things not in esse, II. 515 – 552, 679.

may be made by one of consolidated companies, II. 662.

authority of railways to make in Massachusetts, II. 673 et seq., and n. 1.
of railway, properly foreclosed by bill in equity, II. 678.

time allowed junior encumbrancers for redemption, II. 678, 698.

to secure future advances, II. 678, 679.

how far impaired by change of location of road, II. 679.

of personal chattels not yet acquired, II. 681.

alteration of, how far a discharge, II. 682, 683.

given to secure void negotiable paper, may be upheld where debt good,
II. 690, 691.

general right of railways to execute without legislative sanction, II. 692.
of "undertaking" of company, what passes by, II. 704 et seq.

does not mortgage specific charge on proceeds of surplus lands, II. 704,

705.

MORTGAGEE.

of shares in railway.

entitled to indemnity against calls from mortgagor, I. 134, 135.

right to indemnity at law denied, I. 135.

liable for debts of company, as owner, I. 135, 136.

notice requisite to perfect title, I. 149.

one whose claim first notified, allowed priority, I. 149.

of railway.

rights and remedies, II. 507 – 552.

junior, distinguished from surety, II. 682.

in possession, erections by, II. 703.

has not specific charge on proceeds of surplus lands, II. 704, 705.
MORTGAGOR.

of shares.

may proceed in equity to obtain re-transfer, I. 135, n. 4.
MOTION IN ARREST.

MUNICIPALITIES.

(See PLEADINGS.)

(See TAXATION.)

may become bound by implied contract in grant of land, I. 222, 223.
may enforce order in regard to construction of highways, I. 226–228.
are authorized to hold fee of lands, I. 253.

cannot authorize extension of street railroads, I. 315, n. 25.

liable for defective construction of public works, I. 334.

liable for defects in highways caused by company's works, I. 538, 539.

may recover indemnity from company, I. 540, 541.

liable to indictment, I. 541.

grant from, of right to use streets, I. 541.

MUNICIPALITIES, Continued.

not responsible for injuries from such grants, I. 542.
must pay debts by taxes, I. 563, note.

right of, to subscribe for stock in railway, II. 396–405.

subscriptions held valid, if authorized by legislature, II. 396.

or if afterwards confirmed by legislature, II. 397, 398.

discussion of this power, II. 396–402, note 1.

acts giving such power not abrogated by subsequent changes in con-
stitution, I. 397.

or by limitation of taxing power for payment of interest, II. 397,
398, n. 1.

subscriptions to foreign railways held valid, II. 399, 400.

lateral railway acts in Pennsylvania held constitutional, II. 401,

402.

dissent of some courts from general view, II. 402, 403.

legislative permission strictly construed, II. 403, 404, and notes 7
and 8.

roads passing through, same as leading to, II. 405.
validity of bonds issued by, II. 401, note, 405.
restricted to par value, I. 210.

subject of speculation, I. 210, 211.

compelled by mandamus to pay subscriptions, II. 285, 286.
may maintain bill in equity to protect highway, II. 321.
may fix mode of propelling cars within their limits, II. 373.
may tax real estate for beneficial improvements, II. 389.
legislature may remit forfeiture imposed for benefit of, II. 418.
right of to authorize nuisance by corporation, II. 428.
right to regulate police of railways, II. 646-653.
(See POLICE.)

right of, to make railway grants, II. 648-653.

disapproval by, of conditional grant of street railway, II. 653.
cannot give permission to lay rails in public street, II. 653.
MUNITIONS OF WAR.

transportation of, by railway companies, II. 653.

NAVIGABLE WATERS.

N.

legislature may regulate use of, I. 232.

erection of bridge no interference with private right, I. 232.

nor destruction of ford way, I. 232.

same rule applied to owners of fishery and of dam, I. 232.

right to construct railway across.

legislature may grant right, I. 324.

riparian proprietor owns only to water, I. 325.

his rights in the water subservient to public right, I. 325.
state legislative grant paramount, I. 326.

NAVIGABLE WATERS, Continued.

state interest in flats, where tide ebbs and flows, I. 327-330.
rights of adjoining owners, I. 330.

railway grant to place of shipping, I. 330.

grant of harbor includes necessary erections, I. 330, 331.

large rivers held navigable water in this country, I. 331.

riparian owner may recover damage for being cut off wharves or
navigation, I. 331, 332.

obstruction of, indictable, I. 332; II. 374.

infringement of paramount rights of Congress creates nuisance, I. 332.
party specially injured may have action, I. 332.

obstruction if illegal, per se a nuisance, I. 333.

grant of, for manufacturing purposes, revocable, II. 412-414.
grant to railway to build across, II. 418.

grantees along the shores of, II. 427.

NEGLIGENCE.

in construction of road,

by diverting water-courses, I. 292–296.
or erecting their works, I. 339, 345, 346.

proper remedy for negligence in construction, I. 345, 346.
in repairing, I. 346.

in communication of fires from company's engines, I. 452 et seq.

for what acts company responsible, without actual negligence, I. 458 –

462.

causing injuries from fright of horses, I. 473.

in both parties, I. 473.

injuries caused by remote, I. 473.

of railway, by allowing vegetation on its right of way, I. 479.

plaintiff must be exercising legal right, I. 474.

exposing to inevitable accident, makes carrier liable, II. 6.

causing injury to servants. (See SERVANTS.)

by carrier,

exposing to perils, II. 6, 7.

not excused by notice. (See NOTICE.)

when carrier not liable for, if gross, II. 122, 126.
by passenger carrier, I. 625 et seq.; II. 174, 191 et seq.
necessary to make company liable, II. 191.

in plaintiff, excusing company, II. 192-194.

must be such as contributed directly to injury, II. 195, 196.
of those who carry a party, affects him, II. 196, and n. 12.

ordinarily, a question for the jury, II. 198, 235, 236.

burden of proof of, on plaintiff, II. 200.
presumption of, how rebutted, II. 200.

what is, in passenger carriers, II. 201.

gross, merely vituperative epithet, II. 201, 202.

what will preclude plaintiff from recovery, II. 262.

NEGLIGENCE, Continued.

sometimes shown by happening of accident, II. 202, 203.

of officers or agents of ship-owners, II. 236.

what is evidence of, in regard to fires from company's engines, I.
452, 453.

how proved, I. 471, n. 17.

general allegation of, sufficient, II. 668.

in regard to domestic animals, I. 465–481.
as to strangers, I. 551, 552.

in transmission of telegraphic messages.

(See TELEGRAPH COMPANIES.)

NEGOTIABLE PAPER.

may be taken and negotiated, or enforced for subscriptions, I. 183.
but cannot be enforced if fraudulently obtained, I. 183.

power of railways to make, I. 616, 617.

collected by express companies, II. 25.

bonâ fide holder may enforce against company, II. 605.

railway bonds with coupons, payable to bearer are, II. 604-608.

so, also, the coupons, II. 605, and note 8.

so, also, bonds of municipal corporations, II. 606, 607.

rule applied to bonds issued in blank, II. 607, 608.

this rule does not apply to paper ultra vires, II. 579, 608, 688.

NEW SHARES.

when party entitled to claim, I. 133, n. 5.

NEW TRIALS.

allowed for excessive damages, II. 221.

NON-RESIDENCE.

right of states to tax shares of domestic corporations held by, II. 448

et seq.

(See TAXATION.)

to be distinguished from aliens for purposes of taxation, II. 455, 456.
their property alone cannot be made subject to attachment, II. 457,

458.

nor their slaves or other property taxed higher, II. 459.

in more danger than residents, from abuse of power of taxation, II. 460.
NON-USER.

of corporate franchises, II. 620, and n. 6.

NOTICE.

of allotment, unlawful condition in, I. 121.

of calls, I. 147, n. 2.

to company, requisite to perfect title of mortgagee or assignee of shares,

I. 149.

of sale of forfeited stock, must name place, I. 166, 167.

must strictly accord with statutory provisions, I. 166.

to subsequent purchasers of lands, by filing of location, I. 240.

to use lands, should specify purpose, I. 242.