CONSTITUTIONAL QUESTIONS, Continued. different companies cannot unite to form prohibited line, II. 411 et grounds upon which acts of legislation may be declared void, II. 420, will not be impeached on ground of imposition or fraud on legisla- what infringes exclusive bridge franchise, II. 421 et seq., n. 17. exclusive grant must be in terms or by clear implication, II. 426. seeming disregard of this rule, II. 427. questions in regard to bridges, II. 427. power of legislature to impose restrictions upon existing corporations, II. 428-444. may subject them to police regulations, II. 428. but essential franchises are free from control, II. 428. how far this control extends, II. 429. may compel maintenance of cattle-guards, farm-crossings, etc., II. case in Maryland, II. 430–434. extent of reservation to repeal charter, II. 435–438. different pecuniary burdens cannot be imposed upon company, II. but charter may be revoked or altered by change in constitution of effect of express exemption from legislative control, II. 439 – 442. vested rights cannot be modified unless by reserved power, II. 441, roads allowed to form prohibited line by combination, II. 441, 442. (See TRINITY CHURCH.) railways may be compelled to modify their erections, II. 443, 444. summary remedy against stockholders, not an essential franchise, II. 444. statutes providing compensation for animals killed, apply also to ex- causing right of action against companies to survive, II. 444. throwing open gates of plank-road company, II. 444. construction of exclusive railway grants, II. 445 – 447. construction should be strict against company, II. 445. authority to vary route and completion cannot be exercised after CONSTITUTIONAL QUESTIONS, Continued. extent of implied grants in such cases, II. 445, 446. ambiguous terms construed most strongly against company, II. 446. legislature may remedy defect of organization, II. 447. discrimination between freight not unconstitutional, II. 447. but must not be grounded expressly upon residence of consignor or tax on tonnage of railways from other states, II. 447. right of states to tax shares of domestic corporations held by non-residents. no discrimination allowed between citizens of different states, II. 456, right of legislature to modify charter of Trinity Church, N. Y. II. 472–492. power of legislature to modify liability of stockholders for corporate CONSTITUTIONAL RESTRICTIONS, inviolability of franchises, I. 257. power of state legislature over such franchise, I. 257, 258. of bridge, not allowed to vary from deposited plans and sections, I. 9, n. 15. company liable for defective, I. 303. estopped to deny that it was by their servants, I. 382, 383. line of railway, right of deviation, I. 384 – 394. manner of defining route in English charters, I. 384. question involved stated, I. 385 – 389. plans only binding when and for the purpose referred to in the act, contractor bound by deviation unless he object, I. 388. equity will not enforce contract against public security, I. 388. right to construct accessory works, I. 388, 389. company may take lands designated in their discretion, I. 389, 390. right of deviation lost by election, I. 390, 391. grant of land for railway includes accessories, I. 391, 392. route designated need not be followed literally, I. 392. terminus being town not extended with town, I. 392. party accepting compensation waives informality, I. 392, 393. powers limited in time expire with limitation, I. 392, 393. power to change location must be exercised before completion, I. 394. distance how measured, I. 394 – 396. this question affected by subject-matter, I. 394. CONSTRUCTION, Continued. contracts to build railway at rates per mile, I. 394, 395. general rule to measure by straight line, I. 395. distance in miles as determining fare, I. 395. of railway to be done with least damage, I. 396. does not extend to form of road, but mode of construction, I. 396. bound to restore works interfered with, for all uses, I. 396. permission to connect branches with main lines, not revocable, I. 399. railways responsible for injuries from falling into culvert, when cov- right to lay line across railway includes as many tracks as conven- damages for laying highway across railway, I. 400. company not estopped by contract with former owner of land, I. 400. of charter in regard to nature of works, I. 405. review of cases upon the subject, I. 405, 406, n. 1. terms of contracts, money penalties, excuse for non-performance, I. 406 – 409. value distinguished from price, 407 n. (See CONTRACTS.) form of execution, extra works, deviations, I. 409–412. particular form of contract generally requisite, I. 409. extra work cannot be recovered unless done according to contract, I. 411, 412. if company have benefit of work, are liable, I. 412. where one party repudiates the contract, I. 412, 413. decisions of arbitrators, I. 414, 415. and of the engineers, I. 415-418. estimates for advances mere approximations under English practice, I. 415. final estimates only set aside for partiality or mistake, I. 416, 417. estimates do not include matters not referred, I. 417. right of appeal lost by acquiescence, I. 417-418. arbitrator must notify parties, and act bonâ fide, I. 418. CONSTRUCTION, Continued. relief in equity as to decisions of engineers, I. 418–427. claim of contractor sustained, I. 425. amendment alleging mistake in estimates allowed, I. 425. proof of fraud must be very clear, I. 425. engineer being shareholder not valid objection, I. 425. decision of equity conclusive as to quality but not quantity, I. 425. account ordered after company had completed work, I. 426. engineer's estimates not conclusive unless so agreed, I. 426. titled to full compensation, I. 426. directions of umpire binding, I. 426, 427. fraud in contracts for construction, I. 427–431. relievable in equity upon general principles, I. 427. where no definite contract closed no relief granted, I. 430, 431. grounds of equitable interference, I. 432, 433. stipulation requiring engineer's estimate not void, I. 434. not same as agreement to decide all disputes by arbitration, I. 434, 435. engineer's estimate proper condition precedent, I. 435. same as sale of goods at valuation of third party, I, 435. only question of damages referable to engineer in England, I. 435. contracts for materials and machinery, I. 437–439. (See CONTRACTS.) contract modified by usage, I. 443. contract to build wall by cubic yard implies measurement in wall, I. 443 recovery on general counts, I. 444. amount and proof governed, I. 444. mechanic's lien, I. 444, 445. remedies on behalf of laborers and sub-contractors, I. 445, 446. not bound by stipulations of contractors, 445. laborers have claim against company, I. 445, 446. but not subcontractors, I. 446. of charter, in regard to extent of powers, I. 235, 238. of charter as to extent of route, I. 393. map may yield to other grounds of construction, I. 393. CONSTRUCTION, Continued. in regard of nature of works and mode of construction, I. 405. I. 41, 42, n. should be most favorable to those whose property sought to be in- of powers granted for public use, more liberal, II. 446, 447. (See CONSTITUTIONAL QUESTIONS. CONTRACTS.) CONTRACTS. (See DIRECTORS. ARRANGEMENTS OF TRAFFIC.) of subscription, how far controlled by oral representations of directors, must be in subscriber's own hand, I. 15, n. 11. of opposers of a railway line, I. 17. to quiet opposition before legislature, on good consideration, I. 20, 21. such agreements not favored in this country, I. 48, 49. of promoters, how far binding on company, I. 5, 9 – 11, 584. may be adopted by company, I. 14 – 17. (See PROMOTERS.) to transfer stock in future, valid, if bona fide, I. 118, 119. to remove impediments to transfer, I. 118, n. 3. must be prepared by party taking initiative, I. 129, 130. of subscription, when not binding through void subscriptions, I. 160. how far subject to statute of limitations, I. 192. released by fundamental alteration of charter, I. 193. to release subscriptions to capital stock not binding, I. 207, 208. for stock, to be paid for in other stock, I. 190. subject to legal power of directors and legislature, I. 197, 198. equity will decree specific performance, I. 224. ̧ will provide for all incidents, farm-crossings, etc., I. 224. but not if price is to be fixed by umpire, I. 224. where price is fixed, or umpire named and ready to act, I. 224. not against a party who has not signed contract, I. 225. nor where taking is by compulsion, or terms irregular, I. 225. where option given, specific performance decreed after its exercise, not where bargain is hard, unequal, or oppressive, I. 226. or not understood by both parties, I. 226. |