ABANDONMENT.

Right of way; abandonment of.
See RIGHT OF WAY.

ADVERSE POSSESSION. See RIGHT
OF WAY.

Title to right of way. See RIGHT
OF WAY.

ARBITRATION.

Appropriation of land for right of
way. Damages. See RIGHT OF
WAY.

ATTORNEYS.

Misconduct of counsel in address-
ing jury. See TRIAL.

BONDS.

Bona fide holder of bonds issued
in excess of amount allowed by
law held to have a lien on mort-
gage property; but parties with
notice of invalidity of mortgage
occupy no better position than
company itself. Fidelity I. T.
& S. D. Co. v. Western Penn. &
S. C. R. Co. (Pa.), 323 n.

participant in fraud render-
ing bonds invalid held not to be.
Smith v. Florida C. & W. R. Co.
(C. C.), 323 n.

purchaser of bonds held to
be, under circumstances, and en-
titled to be paid out of proceeds
of foreclosure sale. Kneeland
v. Lawrence (U. S.), 319.

purchaser of overdue bonds
from vice-president after suit to
foreclose had been begun, held
not to be. American L. & T.
Co. v. St. Louis & C. R. Co. (C.
C.), 323 n.

before maturity takes coupon

BONDS-Continued.

bonds freed from equities. Bur-
den of proof is on one assailing
bona fides.
Kneeland v. Law-
rence (U. S.), 319.

Boda fide purchaser of negotiable
bonds before maturity acquires
title. 322 n.
Bondholders; right of, to be made
party to proceedings by com-
pany to dissolve injunction for-
bidding company to lay tracks.
In re Ferris (Conn.), 352 n.
Cancellation of bonds and mort-
gages; action by bondholders
and another company charging
fraud in obtaining decree. Suf-
ficiency of allegations. Beals v.
Illinois, M. & T. R. Co. (U. S.),
351 n.
Consolidated company held liable
on contract of one of old com-
panies to exchange stock for
bonds. Day v. Worcester, N.
& R. R. Co. (Mass.), 324.
Consolidation. Exception by
statute of mortgages from lia-
bility of new company held not
to except bonds secured by
mortgage. Polhemus v. Fitch-
burg R. Co. (N. Y.), 330.
Coupons detached when past due;
delivery by president of com-
pany to his wife. Collection
enjoined. Chicago & G. T. R.
Co. v. Turner (Mich.), 324 n.

Overdue coupons detached
held not entitled to preference
in payment. Wood v. Guaran-
tee T. & S. D. Co. (U. S.), 352 n.

BONDS-Continued.
Coupons; party advancing money
to take up, under private ar-
rangement with mortgagor to
treat him as purchaser; agree-
ment not enforceable against
bondholders. Fidelity I. T. &
S. D. Co. v. Western Penn. &
S. C. R. Co. (Pa.), 352 n.
Exchange of stock for bonds. Ex-
ercise of option.
Reasonable

time. Notice. Catlin v. Green
(N. Y.), 328 n.
Foreclosure sale. Purchase of
road by bondholders. Exercise
by bondholders of option to
come in. Landis v. West Penn.
R. Co. (Pa.), 352 n.
Guaranty by state.

Decree that
branch road is not subject to
lien of mortgage to secure
bonds. Guaranty by state held
invalid. Central T. Co. v.
Florida R. & N. Co. (C. C.),
370.

Increase of corporate indebted-

ness. Constitutional provisions
held not applicable to company
chartered before its adoption.
Gloninger v. Pittsburg & C. R.
Co. (Pa.), 276.

fictitious; validity of bonds
issued to innocent purchaser
under constitutional provision,
prohibiting. Fidelity I. T. &
S. D. Co. v. Western Penn. & S.
C. R. Co. (Pa.), 351 n.
Interest; extension of time of
payment. Power of majority
of bondholders. McClelland v.
Norfolk S. R. Co. (N. Y.),
351 N.

Issue of bonds for benefit of an-
other company owning majority
of stock; transaction considered
and bonds held valid. Glonin-

ger v. Pittsburg & C. R. Co.
(Pa.), 276.

Leased line; bondholders of, have
no lien on rents until they take
possession or move for receiver.
Frank v. New York, L. E. & W.
R. Co. (N. Y.), 356.
Municipal aid bonds; amendment
of charter so as to provide for
payment of, from proceeds aris-
ing from sale. Hill v. Glasgow
R. Co. (C. C.), 353 n.
Pacific railroad bonds. Payment
of percentage to United States.
What constitutes current ex-

BONDS-Continued.

penses. U. S. v. Central Pac.
R. Co. (U. S.), 351 n.
Pledge of bonds. Foreclosure
proceedings. See MORTGAGE,
Foreclosure.

Power to borrow money and issue
bonds need not be conferred by
express authority where com-
pany has power to mortgage.
Gloninger v. Pittsburg & C. R.
Co. (Pa.), 276.
Rights of bondholders.

So long

as company is going concern
bondholders cannot seize earn-
ings deposited in bank. Rem-
edy is by appointment of re-
ceiver. Phelps v. St. Cather-
ines & N. C. R. Co. (Ont.), 336.
Second mortgage bondholders.
Setting aside foreclosure sale.
See MORTGAGE, Foreclosure.
Subscription to railway bonds;
contracts of, 351 ".

Subscription; under terms of,
purchaser of bonds held at lib-
erty at any time to pay price
and demand bonds. Watjen v.
Green (N. J.), 343-

BRANCH ROADS.

Connecting lines; statute impos-
ing liability for loss or injury by,
held constitutional. Dimmitt v.
Kansas C. St. J. & C. B. R. Co.
(Mo.), 699.
Limitation of liability to particular
amount. Stipulation for valu-
ation of $50 in receipt of express
company upheld. Pacific Ex-
press Co. v. Foley (Kan.), 680.

Validity of stipulations lim-
iting carrier's liability to partic-
ular amount, 698 n.
Posting rates. Certain rules of
the railroad commission held
not inapplicable to the defend-
company but should be
posted as other rules. State v.
Pensacola & A. R. Co. (Fla.),
704.

ant

Company must keep rates
continuously posted. Furnish-
ing posters to agents held not
to answer the public duty im-
posed on company. State v.
Pensacola & A. R. Co. (Fla.),
704.

CARRIERS—Continued.

Posting rates. Court cannot by
mandamus direct the size of type
schedule should be printed in.
State v. Pensacola & A. R. Co.
Fla.), 704.

Rule of commissioners held
not to require that schedule of
passenger rates should state dis-
tance between stations. State
v. Pensacola & A. R. Co. (Fla.),
704.

Schedule in two parts held
not of itself to be a violation of
rule. State v. Pensacola & A.
R. Co. (Fla.), 704.

Special rates need not be
posted under rule of railroad
commission. State v. Pensaco-
la & A. R. Co. (Fla.), 704.

Sufficiency of schedule of
passenger rates posted by de-
fendant to comply with order of
railroad commission. State v.
Pensacola & A. R. Co. (Fla.),
704.

Sufficiency of schedule posted
in regard to distance between
stations. State v. Pensacola &
A. R. Co. (Fla.), 704.

What constitutes a sufficient
posting of rates and classifica-
tions to comply with order of
railroad commission. State v.
Pensacola & A. R. Co. (Fla.),

704.

CHARTER.

Authority to lay tracks in street.

See STREETS AND HIGHWAYS.
Charter contract with street rail-
way company as to paving. See
STREET RAILWAYS.

Foreign corporation. Filing copy
of charter. See FOREIGN COR-
PORATION.

Forfeiture by failure to construct
road, 257 n.

for failure to construct and
complete road in time pre-
scribed. Elevated road not sub-
ject to provisions of general rail-
road act. In re Brooklyn El. R.
Co. (N. Y.), 251.

for non-performance of condi-
tions; individual cannot set up,
in condemnation proceedings in-
stituted by company. In re
Brooklyn El. R. Co. (Ñ. Y.), 251.

Non-performance of condi-
tions does not work ipso facto
dissolution corporation. Corpo-
46 A. & E. R. Cas-46

CHARTER-Continued.

ration is simply exposed to pro-
ceedings by state. In re Brook-
lyn El. R. Co. (N. Y.), 251.
Special charter. Incorporation of
railway. See INCORPORATION.
COAL SHEDS. See NUISANCE.
COLLISION.

Street cars colliding with vehicles
on track. See STREET RAIL-
WAYS.

CONNECTING LINES. See CAR-

RIERS.

Junction of railroads "at" city.
See LOCATION.
CONSOLIDATION.

Act of congress held to have rec-
ognized consolidated company
as same company to which grant
was made. U. S. v. Southern
Pac. R. Co. (C. C.), 395.
Bonds; contract to exchange
stock for, company consisting of
two other corporations consoli-
dated held liable on. Day v.
Worcester, N. & R. R. Co.
(Mass.), 324.

Exception by statute of mort-
gages from liabilitity of new
company held not to except
bonds secured by mortgage.
Polhemus v. Fitchburg R. Co.
(N. Y.), 330.

Condition; legislature may re-
quire as, that old companies
shall not cease to exist. Day v.
Worcester, N. & R. R. Co.
(Mass.), 324.

Liability of consolidated company
on debts and contracts of con-
stituent corporations, 328 n.
New corporation substantially the
same as company mentioned in
act of congress. Consolidation
authorized by congress as well
as by state. U. S. v. Southern
Pac. R. Co. (C. C.), 395.
"Railroads; constitutional pro-
vision forbidding consolidation
of, held not applicable to street
railways. Gyger v. Phila. City
Pass. R. Co. (Pa.), 229 n.
Successors and assigns; land
grant to company and. Consol-
idated company held within pro-
visions of grant, being the suc-
cessor or assign. U. S. V.
Southern Pac. R. Co. (C. C.),
395.

Title to real estate. See LANDS.