The Law Relating to Railways and Railway Companies: With All the Cases Relating to Compensation, Mandamus, Injunction, and Other Matters Decided in the Courts of Law and Equity; Including the Decisions as to the Liabilities of Promoters and Provisional Committee-men, and on the Rateability of Railways to the Poor's Rate. Also the Practice in Parliament, Standing Orders, &c. The Appendix Contains All the Statutes, Forms of Notices, Warrants, Inquisitions, Awards, &c.; with Precedents of Pleadings, Deeds, &c

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S. Sweet, 1847 - 999 pages

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Page 433 - ... whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances...
Page 461 - ... the rent at which the same might reasonably be expected to let from year to year, free of all usual tenants' rates and taxes, and tithe commutation rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses, if any, necessary to maintain them in a state to command such rent...
Page 434 - ... the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 66 - An Act for Regulating Railways," to make bye-laws, and from time to time to repeal or alter such bye-laws, and make others, provided that such bye-laws be not repugnant to the -laws of that part of the United Kingdom where the same are to have effect...
Page 109 - Any contract which, if made between private persons, would be by law required to be in writing and...
Page 178 - ... for all damage sustained by such owners, occupiers and other parties by reason of the exercise, as regards such lands, of the powers by this or the Special Act, or any Act incorporated therewith, vested in the Company...
Page 72 - Court shall proceed to hear and determine the Appeal in a summary Way, or they may, if they think fit, adjourn it to the following Sessions ; and upon the hearing of such Appeal the Court may, if they think fit, mitigate any Penalty or Forfeiture, or they may confirm or quash the Adjudication, and order any Money paid by the Appellant...
Page 91 - ... and unless the promoters of the undertaking fie willing to pay the amount of compensation so claimed, and enter into a written agreement for that purpose, they shall, within twentyone days after the receipt of such notice, issue their warrant to the sheriff to summon a jury for settling the same in the manner herein provided...
Page 50 - In any action or suit to be brought by the company against any shareholder to recover any money due for any call it shall not be necessary to set forth the special matter, but it shall be sufficient for the comnany to declare that the defendant is the holder of one share or more in the company...
Page 117 - Act ; and all the clauses and provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorised thereby, so far as the same shall be applicable to such undertaking...

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