PREFACE TO THE SECOND EDITION. THE short time which has intervened, since the first publication of the work, has not afforded as much opportunity for thorough revision as was anticipated at that time. But all has been done which the time would allow. All the decisions which have since appeared, both in England and America, and they are more numerous and important than could have been anticipated, in so short a period, have been carefully collated, and every point decided inserted in its appropriate place in the work. And where the subject was deemed of special interest to the profession and the public, the leading views maintained, in some of the most thoroughly reasoned opinions, have been inserted. These extracts are chiefly confined to the subjects of railway investments, and the rights of attaching and levying creditors of railway companies; and while they do not add many pages, do add, it is believed, very considerably to the value of the work. The present edition is more complete and more correct in some particulars than the former one, and is not enlarged to an inconvenient size. It is commended, with renewed assurances of the most sincere gratitude for past favors to the patronage of a profession proverbially liberalized by its learning, and made indulgent by its practical wisdom, and the extent and variety of its attainments. WINDSOR, VT., May 26, 1858. I. F. R. PREFACE. THIS work was undertaken with the purpose of supply ing, what seemed to the writer a want, if not a necessity, to the profession in this country; a book upon the law of railways, which should present, within reasonable compass, and in a properly digested form, the whole law upon the subject, both English and American. No treatise had attempted this. And the attempt has confirmed the expectation, that the accomplishment of such an undertaking would be attended with labor and perplexity. It seems desirable that such a work should present every case which has been decided in both countries, in such a form as to make the point of decision plain and obvious, and at the same time not convert a treatise into a mere digest. A mere treatise, too, upon the principles involved in the several departments of the law brought under discussion in such a work, would be of little benefit except to the student. This, too, will be found in the approved treatises already published upon these several subjects. On the other hand, a digest of the cases upon any plan, however comprehensive or philosophical might be the analysis, would appear an unsatisfactory labor when we have already so much of the kind. It is the endeavor of this undertaking to combine the two in such a manner as to render the work intelligible, and interesting as an exposition of the principles involved; and at the same time present a thorough analy sis and digest of all the important cases upon the subject, in such a manner as to enable the reader at once to know the result of all the decisions upon the several topics discussed. The plan of the work is mainly new, and the effort has been to render it natural, simple, and comprehensive. The manner of arranging the heads to the several subdivisions has been adopted chiefly with a view to enable the profession to find at once whatever the work contains upon any topic or question. How far the design of the author has been accomplished, he submits to the indulgent judgment of his professional brethren who have hitherto shown him so much forbearance. In justice to himself, perhaps it should be here mentioned, that the work has been prepared under some disadvantages, from the constant pressure of official duties which could not be required to accommodate themselves, in any respect, to the demands of this subordinate labor. It has thus happened, that, although a considerable time has elapsed since the work was seriously taken in hand, it has of necessity been done, to a great extent, at such intervals, more or less extensive, as circumstances would allow the writer to command, and always in haste. If some mistakes should be discovered, therefore, and some graver faults even, it is hoped that the profession will bear with them; with the assurance that, if the work should be found of sufficient importance to require another edition, they will be corrected; and that, if no such demand should be made, the work has probably received as much labor as it deserves. WINDSOR, VT., November 20, 1857. I. F. R. ANALYSIS OF THE CONTENTS. - The citations to other portions of the work are thus expressed, § - pl. n. and the 2. First built upon one's own land, or by special license from the owner 3. Questions in regard to private railways 4. Railways in America, public grants 5. Use of steam-power on railways. 6. The franchise of a railway not necessarily corporate nor unassignable 1. In this country promoters only bind themselves and their associates 2. Contracts of promoters not enforcible by company. 3. But by consenting to a decree in equity setting up the contract, the |