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THE MODERN

CN

ABF
ADM

LAW OF RAILWAYS

AS DETERMINED BY

THE COURTS AND STATUTES OF ENGLAND
AND THE UNITED STATES.

BY

CHARLES FISK BEACH, JR.

UTHOR

OF THE NEW YORK BAR.

OF "COMMENTARIES ON THE LAW OF RECEIVERS,"
"THE LAW OF CONTRIBUTORY NEGLIGENCE," "WILLS,"
ETC.,
AND EDITOR OF "THE RAILWAY AND CORPORATION

LAW JOURNAL."

IN TWO VOLUMES.

VOL. II.

SAN FRANCISCO:

BANCROFT-WHITNEY COMPANY,
Law Publishers, Booksellers and Importers.

1890.

LIBRARY OF THE
LELAND STANFORD JR. UNIVERSITY.

a. 44050 43150

AUG 27 1900

COPYRIGHT, 1890,

BY BANCROFT-WHITNEY COMPANY.

THE LAW OF RAILWAYS.

CHAPTER XXIII.

RAILWAY MORTGAGES AND MORTGAGE TRUSTEES.

§ 602. Of the power of corporations in general to borrow and to mortgage. § 603. Of the power of railway companies to borrow and to mortgage.

§ 604. Statutes authorizing borrowing and mortgaging.

§ 605. Statutory restrictions-Exceptions in favor of current obligationsLloyd's bonds.

§ 605. Of the extent of the statutory authority.

§ 607. Authority to guaranty the bonds of other corporations.

§ 608. Authority to mortgage property and to mortgage franchises, distinguished

§ 609. Of the authority of directors herein.

§ 610. Legislative recognition of ultra vires mortgage.

§ 611. Of the remedies of shareholders and creditors with respect to an ultra vires mortgage or debt.

§ 612. Of the manner of executing mortgages.

§ 613. Of defective and informal mortgages.

§ 614. The same subject, continued-Of bonds secured by statutory lien. § 615. Mortgages to be recorded.

§ 616. What property is covered by a mortgage.

§ 617. (a). Of the effect of general words of description.

§ 618. (b). Whether general words of description include future acquisi

tions.

§ 619. (c). Of choses in action and calls.

§ 620. (d). Of the effect of express words of futurity- Appurtenances.

§ 621. (e). Of fixtures.

§ 622. (f). Of rolling stock.

§ 623. (g) Of earnings.

BEACH ON RAILWAYS-63

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