TELEGRAPH COMPANIES, Continued.

TENANT.

where parties agree to use telegraph, each warrants correctness, II.

241.

contracts made by telegraphic communication, II. 241, and n. 4.
should be same as in correspondence by mail, II. 241, 242.

one employing special operator takes risk of transmission, II. 242.
both parties sometimes allowed action against company, II. 243.
message may be memorandum under statute of frauds, II. 243.
notice that company will not be responsible for unrepeated messages,
II. 244.

but company responsible for neglect, II. 244.

only insurers of repeated messages, II. 244.

how far responsible for unrepeated messages, II. 244, 245, n. 8.
responsible only for skill and care in unrepeated messages, II. 246,

247.

but sender must be aware of the limitation, II. 246.

how far responsible for messages passing over different lines, II. 247,
248, and n. 10.

responsibility analogous to that of passenger carriers, II. 248.
rule of damages for messages sent incorrectly, II. 248, 249.
only need to understand messages correctly, II. 249.
must make good any loss resulting from their default, II. 249.
damages include profits not uncertain and contingent, II. 249.
same rule applied to failure to send messages, II. 249.

no objection from secrecy and reserve of such correspondence, II. 250.
party on discovering mistake must elect to adopt it or not, II. 250,

251.

measure of damages discussed in Virginia, II. 251, n. 15.

subject elsewhere discussed, II. 252.

company not excused because meaning of message unintelligible, II.
252, n. 16.

who is contracting party where message sent over different lines, II.
252, 253.

duty to serve all without discrimination, II. 253.

but may charge smaller price in consideration of business brought,
II. 253, 254.

prohibition to disclose secrets does not prevent giving testimony, II.

254.

must see that their works do not obstruct highway, II. 254, 255.
otherwise responsible for damage caused, II. 255.

shipmasters must take notice of submarine cables, and avoid injury
to them, II. 255.

how far treasury notes legal tender abroad for rent agreed to be
paid in United States currency, II. 256.

(See ESTATES.)

entitled to compensation for interest in land, I. 347, 348.

TENANT, Continued.

notice to treat, given to, I. 359.

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

TENDER.

of freight not necessary to sustain trover against carrier, I. 157, n. 8.
TERMINUS OF RAILWAY.

being town, is not extended as town extends, I. 392.

TICKETS.

(See BY-LAWS. INDICTMENT.

COMMON CARRIERS. PASSENGER
CARRIERS.)

commutation, or street railways, I. 659–661.

purchase of, does not constitute contract on part of company, II. 219.

for different roads, with coupons attached, II. 227, 229.

subject of larceny, II. 375, 376.

loss of, by passenger falls on him, II. 376, n. 4.

TIDE.

TIME.

(See NAVIGABLE WATERS.)

if the essence of a condition, I. 270.

mode of reckoning, II. 666.

TITHE-OWNERS.

not entitled to compensation, I. 344.

TITLE TO LAND.

when vests in company, I. 240.

company have only right of way, I. 247.

have only easement in land condemned for their use, I. 251.

can take nothing away but for construction, I. 247, 248.

effect of deed in fee, I. 248, 249.

further assurance may be sought, I. 254.

cannot be impeached, I. 254, 255.

cannot be inquired into under English statute, I. 271.

in the American states, I. 271, 272.

acquired by street railway, I. 315, n. 25.

possession of railway, notice of extent of, I. 346.

of claimant of damages, must be proved, I. 349, 350.

must be distinctly stated in reply to notice, I. 362.

notice to treat, inception of, I. 359.

TOLLS.

excessive tolls, fare and freight, I. 447 – 451.

where taken, may be recovered back, I. 447, 448.

right to use road on payment of, I. 448.

fare and freight limited, I. 448.

packed parcels in England must be rated in mass, I. 449.

guaranty of definite profit is lawful, I. 449.

restriction of freight extends to whole line, I. 449.

lessees not bound to carry for same freight which they pay as toll, I.

TOLLS, Continued.

mode of declaring for, I. 449.

requisite proof and mode of establishing, I. 449.

provision for payment of tonnage to state only a mode of taxation, I.

449.

liberty to take tolls on distinct sections, I. 450.

difference between fares paid in cars and at stations, I. 450, 451.

discrimination between customers not allowed in England, II. 67.
mandamus lies to compel uniformity in, II. 278.

committed by agents in the discharge of their duties, I. 511 et seq.
railway crossing upon level, I. 544.

company not excused by use of required signals, I. 544, 545.

party in fault cannot recover, I. 545, 546.

unless the company might have avoided the injury, I. 547, 548.
not liable for omitting signals unless that produce injury, I. 548.
not liable for injury to cattle trespassing, I. 548.

or to slaves asleep upon track, I. 548.

general duty of company towards those exercising legal rights, I.
549-551.

action accrues from injury, I. 551.

when injury wanton, jury may give exemplary damages, I. 551, 552.
one who follows direction of gatekeeper excused, I. 552.
misconduct of railway operatives shown by experts. (See EXPERTS.)
company as passenger carriers liable for, aside from contract, II. 219.
not liable for, if committed by strangers, II. 233, 234.

contracts between different companies regulating, I. 612, 613.

what renders contract perpetual, I. 613.

includes transportation of goods and passengers by English statutes, II.
644.

how regulated, II. 644, 645.

TRAINS.

(See PASSENGER CARRIERS. EXPERTS.)

liability where they do not arrive in time, II. 213–217.

third class and mail trains, II. 643.

TRANSFER OF SHARES. (See MANDAMUS.)

means of keeping up membership, I. 68.

not required to be in any particular form, I. 121.

consent of corporation not generally requisite, I. 168.

TRANSFER OF SHARES, Continued.

need not be in writing at common law, I. 108, 109.

express provisions of charter and by-laws must be observed, I. 111.
if assent of directors necessary, vendor must obtain it, I. 111, n. 1; 118,

n. 3.

by custom, vendor not required to obtain consent, I. 119, 120.
payment of calls may be required as condition precedent to, I. 111, n. 1.
provisions of charter and by-laws, if not exclusive, held directory, I. 112,
113.

especially where provisions are only in by-laws of company, I. 113.
under English statutes, held valid before registration, I. 118.

irregular, may be confirmed by acquiescence of the company, I. 112, n.
unusual and inconvenient restrictions void, I. 113.

.

by-law creating lien for indebtedness of owner, valid, I. 113, n. 1; 114.
including all calls payable at date of transfer, I. 115.

waiver and extent of lien, I. 115, n. 5.

such lien not implied, I. 116.

where transfer wrongly refused, company liable, I. 117.

may be refused till calls are paid, I. 114, 115, 116, n. 4.

contracts to transfer shares in future, valid, I. 118, 119, and n. 6.

`vendor must have shares when due, I. 119.

company erase transfers at their own risk, I. 120.

transferees entitled to mandamus to compel restoration of their names to
registry, I. 120.

to be entitled to record, should contain only transfer of title, I. 121.
should be separate for each company, I. 121.

one conveyance sufficient to transfer title, I. 121.

two owners may join in one conveyance, I. 121.
of provisional scrip certificates, II. 495.

by deed in blank.

formerly held invalid in England, I. 123, 124.
rule different in America, I. 124.

sometimes according to charter, only transferable by deed, I. 123.
requisites of deed, I. 123.

party taking initiative, must prepare writings, I. 129, 130.

liability of company for not registering, I. 143–146.

liable to action, I. 143, 144.

may be compelled to record by mandamus, I. 144.

but not to record mortgages, I. 144, 145.

grounds of denying mandamus, I. 145.

bill in equity most appropriate remedy, I. 145, 146.

rule of damages, I. 146.

by death, insolvency, or marriage, I. 148.

mandamus lies to compel registry of successor, I. 148, 149.
notice requisite to perfect title of mortgagee, I. 149.
stock held in trust goes to new trustees, I. 150.

TRANSFER OF SHARES, Continued.

I. 150.

assignees of insolvents not liable for debts of company,
extent of, requisite to exempt from claims of creditors, I. 152 – 155.
how perfected as to creditors, I. 152, 153.

not complete against creditors till recorded, I. 152, 153.

but delay to record, without fault, does not invalidate, I. 153.
unreasonable delay to perfect record title makes shares liable to
creditors of vendor, I. 153.

specific requirements of charter or general laws must be complied
with, I. 153.

sometimes no record required, II. 153, 154.

colorable, will not relieve shareholder from calls, I. 156.

when transfer without registry will relieve from calls, I. 183, 184.

effected through forgery, void, II. 597, 598.

of debentures upon the books of the company, II. 608, 609.

obtained by fraudulent practices, who entitled to dividends. (See Divi-
DENDS.)

transfer agent not authorized to bind company by representations of
ownership, II. 616.

how far it will exonerate owners from responsibility, II. 625.

TREASURY NOTES.

how far legal tender on a prior contract, II. 256.

TRESPASS.

maintainable against company for entry upon lands without complying
with statute, I. 365.

for entry after verdict, but before judgment, I. 369.
TRINITY CHURCH.

power of legislature to modify its charter, II. 472–493.
question settled by act of 1814, II. 473.

the church was a private corporation, II. 473.

and the act a private grant, II. 473.

though it may have only a trust estate in the property, II. 473, 474.
eleemosynary corporations, like colleges, churches, and academies,
are private, II. 474.

charitable and religious purposes correspond to those for educational
corporations, II. 474.

distinction between public and private corporations, II. 474.

public corporations under legislative control, II. 475.

what are such, II. 475.

law of Dartmouth College case, II. 475.

legislature no control over private corporations, II. 475.

analogy of that to the case of Trinity Church, II. 476.

public or private colleges or universities, II. 477.

not subject to legislative control, because principal fund arose from

royal grant, II. 477.

such grants to private corporations common, II. 477.