AGENTS, Continued.

company has been generally considered absent, I. 515, 516.
unless on special duty, act of servant is act of master, I. 516.
company should always be considered present, I. 516.
what amounts to ratification, I. 517.

how corporations responsible for libel, I. 517, 518.
powers only such as conferred by charter, I. 518.

may become responsible for false imprisonment, I. 518, 519.
false representations of, I. 565.

allowed to carry parcels, II. 11 et seq.

can only bind company within their employment, II. 113.

may receive countermand of goods, ÎI. 113, 114.

will make no difference if agent assume to bind company, II. 114.

station-agent cannot hire surgeon, II. 114.

ratification of similar contracts, evidence against company, II. 114, 115.
notice of want of authority in, II. 115, 116.

may bind company if disobedient to instructions, II. 116.

of other companies may bind carrier, II. 116.

of ship-owners, negligence of, II. 236.

liability of company for acts of transfer agent, II. 501, 504.
service of process upon. (See PROCESS.)

ALIENS,

stand on different footing from non-resident citizens as to taxation, II.
455, 456.

ALLOTMENT.
ALTERATION,

in charter,

(See NOTICE, SHARES, TRANSFER.)

fundamental, will release subscribers, I. 193.

not unless unlawful, I. 194, 199, 200.

majority may affect alterations not fundamental, I. 194, 197.

in location of road,

substantially affecting consideration of subscriptions, they are re-
leased, I. 199, 200.

(See CALLS, SUBSCRIPTION, CHARTER.)

of mortgage security, how far a release, II. 681, 682.

AMALGAMATION,

will not release subscription made after authority given, I. 201, n. 16.
consent to, shown by subsequent subscription, I. 201, n. 16.

majority may apply to legislature for, I. 592.

where one company only is exempt from taxation, II. 392.

power of legislature to amalgamate, II. 656 – 658.

consent of stockholders necessary, I. 201, n. 16; II. 657, 658.
power of parliament unquestioned in England, II. 656.
acquiescence of shareholders probably enough in this country, II.

658.

legislative sanction necessary to amalgamation, II. 657, n. 4, 658.

AMALGAMATION, Continued.

who may claim specific performance of contract for, II. 658, n. 5.
what amounts to, II. 659.

mere association not sufficient, II. 659.

agreement to, from day past, II. 659.

what contracts made before, binding after, II, 659 – 662.

if legal all prior contracts may be enforced, II. 659, 660.
formalities must be complied with, II. 660.

admissions made before, binding, II. 660.

funds of new company may be applied to old debts, II. 660.
illustration of right to, II. 661, 662.

validity of proceedings in insolvency after, II. 662.

may make valid mortgage after, II. 662.

contract for arbitration not annulled by, II. 662.

of street railways, I. 654, 655.

AMENDMENT,

of charter constitutes contract, II. 479.

not binding until accepted, II. 479.

ANIMALS. (See DOMESTIC ANIMALS, NEGLIGENCE, FENCES.)
APPEAL,

costs, I. 278.

mode of trial, I. 278, 279.

APPLICATION TO LEGISLATURE,

agreement to quiet opposition to, may be enforced, I. 21.

how far restrained by courts of equity.

for enlarged powers and sale of company's works requires consent of

shareholders, I. 559.

will not generally be restrained by equity, I. 592.

but use of corporate funds to pay for, may be, I. 592.

English cases favor such application, II. 338.

proper limitations stated, II. 337, 338.

applications on public grounds not to be restrained, II. 338.

parties rarely restrained from petitioning legislature, II. 349.

though intended to interfere with the rights of others, II. 349, 350.
doubtful right sent to courts of law, II. 350.

for enlargement of corporate power cannot be made by directors
alone, II. 583.

how far corporators liable for representations in, II. 622, 623, n. 11.
APPRAISAL,

report of, to state advantages of taking land, I. 267, 268.
omission of this held fatal, I. 268.

includes consequential damages, I. 287-293. (See COMPENSATION.)
deposit of appraised value includes all company bound to take, I. 354.
of real estate, belonging to residents and non-residents, for taxation, II.

455.

must be no unjust discrimination, II. 455.

ARBITRATION.

claim for compensation for land.

attorney without express power may refer claim, I. 350.

award binding, unless objected to in court, I. 351.

after agreement for, company may enter by consent, I. 366.
of claim for land-damages under English statute, I. 369, 380 – 383.
arbitrator can only determine amount of damages, I. 373, 374.
of construction contracts, I. 414, 415.

arbitrator must notify parties, and act bonâ fide, I. 418.

agreement to submit as condition precedent to right of action, I. 434,
435.

contract for, not annulled by amalgamation of contracting corpora-
tion, II. 662.

ARRANGEMENTS OF TRAFFIC.

leases and similar contracts require assent of legislature, I. 588-595.
companies may make special contracts, I. 588.

but cannot transfer duty of one company to another, I. 589.
original company liable after lease, I. 590, 591.

but lessee not excused, I. 591, 592.

courts of equity enjoin from leasing without legislative consent,
I. 592.

but contracts made with consent receive favorable construction,
I. 592.

majority may obtain enlarged powers with new funds, I. 592.

or defend against proceedings in legislature, I. 593.

legislative sanction will not validate ultra vires contracts, I. 593, 594.
railway company cannot assume duties of ferry, without consent of
legislature, I. 594.

implied right to establish ferry does not extend responsibility to
ferry, I. 594.

such ferry may become an infringement on another, I. 594, 595.
duty of respective companies to passengers and others, I. 603–607.
company bound to keep its road safe, I. 603.

acts of other companies no excuse, I. 603.

sometimes held that passengers can sue only company carrying them,
I. 603, 604.

necessity of privity of contract, I. 604, 605, n.

passenger-carriers bound to keep landing safe, I. 605.

owners of all property bound to keep it from injuring others, I. 605.
duty extends to all persons rightfully upon railways, I. 606.

public works must be kept safe for use, I. 606, 607.
corporations responsible as natural persons, I. 607.

contracts of different companies regulating traffic, I. 612, 613.
generally held valid and binding, I. 612, 613.

arrangements to avoid competition valid, I. 613.

between railways in different states, I. 619–621.

ARRANGEMENTS OF TRAFFIC.- Continued.

no rights acquired by foreign corporations, I. 620.

and contract void as to both parties, I. 620.

width of gauge, I. 622.

junction with other roads, I. 622, 623.

act requiring broad gauge does not prohibit mixed, I. 622.
permission to unite with other road signifies road de facto, I. 622.
equity may enjoin from changing gauge, I. 622.

contract to make gauge of companies the same may be legalized by
statute, I. 623.

pledge of, may be valid, though company insolvent, II. 635, n. 2.
ASSIGNEE.

of insolvent, not liable for debts of the company, I. 151.

ATTACHING CREDITORS. (See CREDITORS.)

cannot be made to issue against non-residents alone, II. 457, 458.
not allowed on property of railway necessary to operate road, II. 516,

n. 23.

liability of railway to foreign attachment, II. 665, n. 6.

ATTORNEY.

power to refer claim.

AWARD.

may refer claim for compensation for land without express author-
ity, I. 350.

(See ARBITRATION.)

need not specify findings on separate items of claim, I. 280.

binding unless objected to in court, I. 351.

must state claimant's interest, I. 362, 363.

finality of, I. 383.

construction of, I. 383.

valid if substantially correct, I. 414.

court will not set aside where it does substantial justice, I. 414, 415.
arbitrator must notify parties and act bonâ fide, I. 418.

agreements to obtain before suit, I. 434, 435.

enforced by mandamus where no right to execution, II. 286.

BAGGAGE.

of passengers.

B.

(See COMMON CARRIERS.)

company liable for as common carriers, II. 37, 38.
checks of company evidence of receipt of, II. 38.

BAGGAGE.- Continued.

proof that it could not be found, presumption of negligence, II. 38.
company liable for as far as they check, II. 38, 39.

and until actual delivery, II. 39.

but not unless given in charge of proper servants, II. 39, 40.

must have agents in readiness to receive, II. 39.

not liable if passenger takes exclusive control, II. 39, 41.

delivery on forged order no excuse, II. 40.

exclusive care of passenger exonerating carrier, II. 42 – 44.
liability from duty, not contract, II. 43, 44.

party interested may have action, II. 44, 45.

carrier responsible for baggage accepted by servants, II. 45, 80.
does not include merchandise, carried covertly, II. 149, 154.
unless reward given, or carried by custom, II. 150.

although passenger have no other trunk, II. 150.

and though trunk evidently contains merchandise, and no conceal-
ment intended, II. 151, 152.

includes jewelry, &c., II. 152.

further construction of the word, II. 152, 153.

how far money included, II. 153, 154, and n. 12.

carrier responsible for, though passenger takes other route, II. 154.
cannot exonerate himself from all responsibility for, II. 154, 155.
may restrict his responsibility under English statute, II. 155.
and exclude baggage from cheap trains, II. 155.

liable for, to passenger on free pass, II. 237.

BAILMENTS.

kinds of, II. 2, 3, n. 7.

BANKRUPTCY.

assignee in, takes shares of bankrupt, I. 150.
valid defence in actions for calls, I. 192.

BEQUEST.

BILL OF LADING.

(See LEGATEE OF SHARES.)

between consignor and carrier, primâ facie evidence, II. 141, 142.

not as to intermediate carriers, II. 142.

may be explained by oral evidence, II. 143.

binding on ship-owner if negotiated, II. 143.

contract of, not generally contradicted or controlled by parol, II.143.
containing express promise to deliver by day named, II. 144.

stipulation to deduct from freight for delay, II. 144.

if full freight demanded, carrier must refund, II. 144.

goods must be forwarded according to, II. 144, 145.

endorsement and delivery of, II. 145, 146.

exception of leakage in, includes extraordinary leakage, II. 146.

but carrier must show exercise of due care and vigilance, II. 146.
state of goods set forth in bill of lading, only primâ facie evidence, II. 146.
showing that voyage is only part of longer journey, II. 237.