CONSTITUTIONAL QUESTIONS, Continued.

different companies cannot unite to form prohibited line, II. 411 et
seq.; 420 et seq.

grounds upon which acts of legislation may be declared void, II. 420,
421, n. 17.

will not be impeached on ground of imposition or fraud on legisla-
ture, II. 420, n. 17.

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.
432 et seq., n. 3.

case in Maryland, II. 430–434.

extent of reservation to repeal charter, II. 435–438.

different pecuniary burdens cannot be imposed upon company, II.
436, 437.

but charter may be revoked or altered by change in constitution of
state, II. 438, n. 5.

effect of express exemption from legislative control, II. 439 – 442.
may still be compelled to pay laborers unpaid by contractor, II. 440.
state has no control over essential franchises of corporations not mu-
nicipal, II. 441, n.

vested rights cannot be modified unless by reserved power, II. 441,
442, n.

roads allowed to form prohibited line by combination, II. 441, 442.
effect of public patronage over legislative control, II. 442, 443.

(See TRINITY CHURCH.)

railways may be compelled to modify their erections, II. 443, 444.
distinction between public and private corporations, as to legislative
control, II. 443, n.

summary remedy against stockholders, not an essential franchise, II.

444.

statutes providing compensation for animals killed, apply also to ex-
isting companies, II. 444.

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
completion of road, II. 445.

CONSTITUTIONAL QUESTIONS, Continued.

extent of implied grants in such cases, II. 445, 446.

ambiguous terms construed most strongly against company, II. 446.
powers conferred for public good more liberally construed, II. 446,
447.

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
owner, II. 447.

tax on tonnage of railways from other states, II. 447.

right of states to tax shares of domestic corporations held by non-residents.
(See TAXATION.)

no discrimination allowed between citizens of different states, II. 456,
457.

right of legislature to modify charter of Trinity Church, N. Y. II. 472–492.
(See TRINITY CHURCH.)

power of legislature to modify liability of stockholders for corporate
debts, II. 631, 632, n. 12, 13.

CONSTITUTIONAL RESTRICTIONS,

inviolability of franchises, I. 257.

power of state legislature over such franchise, I. 257, 258.
CONSTRUCTION. (See COMPENSATION. MANDAMUS.)

of bridge, not allowed to vary from deposited plans and sections, I. 9, n. 15.
incidental damage to neighboring lands in, I. 287 – 293.

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,
I. 387, 388.

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.
equity cannot enforce contract not incorporated into act, I. 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.
same rule as to turnpike roads, 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.
this will not control special provisions in act, I. 396.

bound to restore works interfered with, for all uses, I. 396.
mode of crossing highways, I. 397-400. (See HIGHWAY.)
highway cannot be altered to avoid building bridge, I. 399.
extent of repairing bridge over railway, I. 399.

permission to connect branches with main lines, not revocable, I. 399.
right to build railways across main line, implies right to use as com-
mon carriers, I. 399, 400.

railways responsible for injuries from falling into culvert, when cov-
ered with snow,
I. 400.

right to lay line across railway includes as many tracks as conven-
ient, I. 400.

damages for laying highway across railway, I. 400.

company not estopped by contract with former owner of land, I. 400.
duty in regard to substituted works, I. 404. (See WORKS.)
sufficient if works apparently good at time, I. 405.

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.
penalty not incurred unless upon strictest construction, I. 408.
the terms used in contracts, I. 407, 408, n. 2.

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.
contractor bound by practical construction, I. 417.

estimates do not include matters not referred, I. 417.

right of appeal lost by acquiescence, I. 417-418.
engineer cannot delegate authority, I. 418.

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

CONSTRUCTION, Continued.

relief in equity as to decisions of engineers, I. 418–427.
facts of important case stated, I. 418–424.

claim of contractor sustained, I. 425.

amendment alleging mistake in estimates allowed, I. 425.
relief can only be had in equity, 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.
new contract consideration of old claims, I. 426.

account ordered after company had completed work, I. 426.
money penalties only relieved against for fraud, I. 426.

engineer's estimates not conclusive unless so agreed, I. 426.
contractor whose work surrendered by supplemental contract en-

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.
engineer's estimates wanting through fault of company, I. 432-436.
contractor may maintain bill in equity, I. 432.

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.
rule different in this country, I, 436.

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
remedy on contracts for, I. 444.

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.
grants of power to take lands, I. 235, 237, 238.
power to carry passengers and merchandise, I. 238.

of charter as to extent of route, I. 393.

map may yield to other grounds of construction, I. 393.
binding force of plans made part of charter, I. 394.

CONSTRUCTION, Continued.

in regard of nature of works and mode of construction, I. 405.
of statutes not affected by what passed between promoters and opposers,

I. 41, 42, n.

should be most favorable to those whose property sought to be in-
vaded, I. 354, n. 4.

of powers granted for public use, more liberal, II. 446, 447.

(See CONSTITUTIONAL QUESTIONS. CONTRACTS.)

CONTRACTS. (See DIRECTORS. ARRANGEMENTS OF TRAFFIC.)
to erect railway across land of another, binding on assignee, I. 2.
to use adjoining railway, not so, I. 2.

of subscription, how far controlled by oral representations of directors,
I. 12.

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.
to take land of opposing party, I. 25.

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.
vendor to have stock at the time when due, I. 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.
to pay calls in instalments, I. 179.

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.
where required by statute to be in writing, I. 286, n. 11.

for stock, to be paid for in other stock, I. 190.

subject to legal power of directors and legislature, I. 197, 198.
on subscription can only be enforced according to terms, I. 209.
for lands made by consent of owners, I. 224-228.

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.
right to proceed by mandamus no objection, I. 225.

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,
I. 225.

not where bargain is hard, unequal, or oppressive, I. 226.

or not understood by both parties, I. 226.