The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 84

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...application of the funds of the Railway Company, in or towards payment of any expenses incurred, or to be incurred in the prosecution of the bill, and from taking any steps or incurring any expense, in the name or on the account of the Railway Company, with a view to improve the navigation of the river Dee. A motion was now made for an injunction. Mr. Turner and Mr. Speed in support of the application, cited Colman V. The Eastern Counties Railway Company (1), Cohen V. Wilkinson (2) and The Attorney-General v. The Corporation of Norwich (3). The Company is not only authorised to construct a railway, but they are also empowered to make quays, approaches, wharfs, &c., and to take tolls. It is therefore, necessary, for their undertaking, that the navigation of the river, which is one of the " approaches?' should be preserved, in order to secure their tolls, and a comparatively small outlay will be most beneficial. The right to apply to Parliament is therefore incident to their powers and to the duties imposed on them: Bright v. North (1). Here the step taken is necessary for the preservation of the Company's property. It is neither embarking the capital in a speculation foreign to the objects of the Company, nor an improper diversion of its funds. Besides, no great or irreparable injury will be done, the plaintifl"s interest is very small, and the defendants are responsible persons. Illr. Turner, in reply: The defendants were perfectly aware of the illegality of the proceeding; for it appears, that at the general meeting of February, 1850, the solicitor of the Company was asked, whether this application of the money of the Company would be legal, and that the solicitor answered, "it would not." more

Product details

  • Paperback | 346 pages
  • 189 x 246 x 18mm | 617g
  • United States
  • English
  • black & white illustrations
  • 1236759931
  • 9781236759931