PROMOTERS," Continued.

obligation of company to accept scripholders in lieu of subscribers dis-

cussed, I. 6, 7.

railways generally incorporated by special acts, I. 7.

generally originated by individuals or partnerships, I. 7.

these liable for expenses incurred, I. 7.

requirements from petitioners in this country, I. 7, 8.

not liable as partners in England, I. 8.

contracts of promoters not binding upon company, I. 9 – 11.

bind themselves and their associates, I. 9.

bind corporation only if subsequently adopted by it, I. 10, 11.

company cannot sue upon contracts of preliminary association, I. 11.
such contracts adopted by consent of company, I. 11.

liability of subscribers inter sese, I. 11 – 13.

extent of liability measured by deed of association, I. 11, 12.

general form of deeds often makes one liable, I. 13.

deed of association not binding until terms complied with, I. 12.

power of directors limited by deed, I. 12.

directors cannot excuse subscribers from paying calls, I. 12.

liable for expenses incurred by their consent on their credit, I. 12.

not liable as partners, I. 13, and n. 11.

one who obtains shares without executing or referring to deed, not liable,

I. 13.

one may agree to indemnify another, I. 13.

contracts of, adopted by company, I. 14 – 16.

liability of, may be transferred to company with assent of creditors, I.

14-16.

how this may be done, I. 16, 17.

cannot assume benefit without the burden, I. 16, 17.

contracts with the opposers of a railway bill, I. 17 – 25.

what contracts of this kind enforced against company, I. 17 – 25.

agreement to withdraw or withhold opposition to bill in parliament, I.
20, 21.

such contracts may be enforced at law, I. 23 - 25.

even contract causing inconvenience to public enforced, I. 25, 26.

bonâ fide contract not evading statute valid, I. 26, and n. 3.

how far courts of equity enforce such contracts, I. 25-41.

when railway is abandoned, I. 27 – 39.

where a certain sum is to be paid to quiet opposition, I. 27 – 33.

merely provisional contracts not always enforced, I. 34 – 39, and n. 2.
practice of courts of equity in decreeing specific performance of such
contracts, I. 39 – 45.

mutual arrangements protected in chancery, I. 39, 40.

in doubtful cases plaintiff remitted to common-law remedies, I. 40, 41.
object of courts to compel good faith, where definite contract made, I.

PROMOTERS, Continued.

equity will not interfere by injunction without definite contract, I. 44.
courts of equity sometimes restrain party from opposition or petition in
parliament, I. 45.

but such cases depend on peculiar circumstances, I. 45.

contracts to withdraw opposition and keep secret, illegal, I. 46 – 50.
such contracts not enforced, unless under peculiar circumstances, I. 46.
provision should be inserted in charter, I. 46, 47.

this the only mode of enforcing such contract, here, I. 47.
English cases receding from former ground, I. 47, 48.

act of incorporation not to be varied by oral testimony, I. 48.
contracts to quiet opposition, not favored in this country, I. 48, 49.

PUBLIC.

right of to use railways, II. 645.

PUBLIC PURPOSES.

property of public corporations used for, exempt from taxation, II. 396.
PUBLIC WORKS.

erection of, over navigable waters, by state authority, I. 326, and n. 5.
proprietors of, liable for damages caused by imperfect construction, I.

334.

liability of, to taxation, II. 388, n. 26.

PUNCTUALITY.

in arrival and departure of trains.

PURCHASE.

(See PASSENGER Carriers.)

of shares in another company, I. 142, 143.

of land for railway, I. 218.

from persons incapacitated, I. 218.

price to take place of land, I. 218, 219, n. 2.

right of, against land-owners and other railways limited by charter, I.

219.

company bound to same duty as where land condemned, I. 219.

license of, to build railway not limited by charter, I. 219.

company bound by conditions in deed to them, I. 220.

parol license for, good till revoked, I. 220.

alienation under mortgage does not operate reversion under condition in
deed, I. 221.

deed passes incidental rights, I. 221, 222.

not explainable by parol, I. 222.

power to purchase, how saved by company, I. 358, 359.

PURCHASER.

of shares.

bought bonâ fide, acquires rights, I. 143.

from misrepresentations of directors or third parties, II. 625.

of land.

affected by previous notice to treat from railway company, I. 359.

Q.

QUO WARRANTO.

information in the nature of.

to test title to office, II. 281.

general incidents of this remedy, II. 301, 302.
form of proceedings, II. 302.

information is amendable, II. 302, n. 2.

issued by highest courts of ordinary civil jurisdiction, II. 302.

in English practice, this remedy limited to public corporation, II.

302.

in American courts extends to railways, banks, &c., II. 303.

will try the right, but not restore party rightfully, II. 303.

will not lie where company open part of road, II. 303, 304.
or open road before subscription-list full, II. 304.

or because subscriptions received below par, II. 304.

form of judgment, II. 304, 305.

rules as to costs, II. 305.

sometimes used to test corporate existence and power, II. 305.

but charter penalties cannot be afterwards increased to forfeiture,
II. 305.

used to annul grants of corporate franchises whose purposes have
failed, II. 305, 306.

forfeiture should properly be determined by scire facias, II. 306.

R.

RAILS.

allowance for removal of, in determining taxable profits in England, II.
380.

RAILWAYS.

what included in the term, I. 389.

origin of, in England, I. 1.

private originally in England; questions in regard to, I. 1, 2.

public grants in America, I. 3.

some exceptions in this country, I. 3, n. 4.

locomotives first used in 1829, I. 3.

grant to build, on land of others, not limited to particular kind, I. 2, n. 3.
for special purpose, does not justify general construction,
I. 2, n. 3.

power to proprietors of coal mines to build, extends to subsequent pro-
prietors, I. 2, n. 3.

compared with highways, I. 258.

franchise of, not necessarily corporate nor unassignable, I. 4.
commonly incorporated in this country by special acts, I. 7.

general requirements from petitioners, I. 7, 8.

authority to build, considered enabling, not obligatory, I. 38, 39.

RAILWAYS, Continued.

private corporations, I. 53, 54.

though partly owned by state or United States, I. 55.

public where stock is owned by state, I. 53, 56.

in such case under legislative control, I. 53, 54.

public trust, I. 75.

company may be restrained from taking up rails, and required to main-
tain in condition fit for public use, I. 3, n. 3.

owners of private railway so restrained, if others have acquired a right to
use it, I. 3, n. 3.

must have sufficient stock to finish undertaking, or resort to loan and
mortgage, I. 106.

legislative permission necessary to mortgage, I. 107.

cannot purchase steamboats, I. 194.

may make connections beyond agreed terminus, I. 200.

cannot emigrate into another state, I. 202.

power to stipulate for interest on stock certificates, I. 211, 212.
may obtain estates in land, requisite for their purposes, I. 218.
right to take lands by compulsion, I. 239 et seq.

(See EMINENT DOMAIN.)

may take lands for all necessary purposes, I. 244 – 247.
cannot build branch road on distant route, I. 246.

right to cross gives no right to take land, I. 249, 250.

right to cross highway gives no right to run parallel with it, I. 246, n. 4.

right to take lands in another state, I. 246, 247.

conflicting rights to take lands, I. 250.

action will not lie for damages sustained by use of, I. 293.

land of, taken for highway, I. 297.

grant of, to place of shipping, I. 330.

over navigable waters, by state authority, I. 326.

reservation to land-owners of right to build, I. 378.

right to exclusive possession of roadway, I. 347.

grant to build, across main line, implies right to use as common carriers,

I. 399, 400.

not subject to mechanics' lien, I. 444, 445.

liability for fires from company's engines, I. 452–462.

for injuries to domestic animals, I. 465–481.

obligation to maintain fences, I. 483 – 489.

against what cattle bound to fence, I. 499–505.

as common carriers, II. 9.

not allowed to change line of road, II. 321, 322, n. 6.

RAILWAYS, Continued.

consolidation or amalgamation of.

(See AMALGAMATION.)

court will not appoint manager of, II. 705.

RAILWAY COMMISSIONERS.

orders of, enforced by injunctions out of chancery, II. 322, 323.
supervision of railway legislation, II. 637, 638.

supervision of railways, II. 638 – 643.

opening railways in England, II. 638, 639.

establish connections between different lines, II. 639.

branch railways and crossings, II. 639, 640.

court of equity will not interfere with decisions of, II. 640.

English courts have sometimes concurrent jurisdiction with, II. 640.
desirableness and efficiency of, in this country, considered, II. 640 –
643, and n. 8.

returns to be made to, II. 641-643.

traffic and accidents, II. 641–643.

control of third class and mail trains, II. 643.

may extend time of completing road, II. 643.

RAILWAY CROSSINGS. (See TORTS.)
on a level always dangerous, I. 544.

company not excused by use of required signals, I. 544, 545.
party cannot recover if his own act contribute to injury, I. 545.
if precautions omitted, not liable unless, &c., I. 546.

RAILWAY INVESTMENTS.

extent of, in Great Britain, France, and U. S., I. 54, 55.

productiveness in these countries, I. 54, 55.

loans and mortgages, modes of raising funds, I. 106.

legislative permission generally considered necessary to mortgage, I. 107.
power of company to stipulate to pay interest on its certificates of stock,
I. 211, 212.

power of company to do acts affecting the value of their stock and bonds.
Over-issue of stock, II. 494–507.

law on this subject very unsettled, II. 494.

English statute requires subscriptions before incorporation, II. 495.
speculations to raise the price of stock, II. 495.

issuing shares at different prices fraudulent, II. 495, 496, 497.

but such action sometimes held binding, II. 496, 497, n.

mode of issuing bonds and mortgages objectionable, II. 498, 499.
difficulty of legislative restrictions not invincible, II. 499, 500.

something might be accomplished, II. 500.

losses fall severely on small investments, II. 500, 501.

over-issue of shares, II. 501-506.

case before Superior Court of New York, II. 501, and n. 9.

same before Court of Appeals, II. 502, 503.

absolute incapacity of directors or agents to effect increase of stock,
II. 501, 502, n.