Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-16

construction, although such limitation
was contained in the act Incorporating |
the main line, thus Indicating n general |
legislative policy in this respect.
Can such reasoning lead legitimately !
tu the conclusion that tue act OF May
9th. 1892 had thu effect Of granting to
the Gordon Heights Railway Co., the
respondent in this suit, the right to
build the branch Inns which it proposal
to construct heroes the lands oil the
complainants absolutely and without
the limitation Rs to time Of construc,
tion which wac contained 10 the origi
nal charter to which the supplementary
act Teiersi
The answer can he found only in tine
language Of the acts themselves.
IAN the rights and privileges"
granted in the original charter were
granted upon the condition which we
have already cited. IL was expressed Rs
fullnws Provided, however, that the
construction Of the railway herein
authorized shall be commenced within
elk months after the passage at this act,
ana 1t shall be completed, equipped and
in operation within Two years there
after, otherwise this act shall become
void, ana all tho rights privileges and
franchises herein granted shall wholly
| cease aud determine,
IL not this grant Of riRhts, privileges
and franchises a grant "nn condition
expressed in tho grant itselfr" Dues
not BlRckstone's definition OF TN
estate upon condition serve rs its
| definition; that is, when an estate is
granted, either 10 fee simple or other
wise with an expresB qualification an
nexed whereby tue estate granted shall
either commence, lie enlarged, or Inc de ,
feated, upon performances or breach nf
such qualification or condition. =" Black
stone Com. Vol. /, rage l5i
If such be the case, what construc,
tion should be placed upon the grant
Of rights aud privileges expressed IN
the supplementary act chapter u, Vol,
Xxx? 1t says, "And with respect 10
the said branch herehy authorized to
he located aud constructed the said
corporation shall have and exercise all
the rights and privileges, and bs sub
ject TO all the duties and responsibili-
ties which did or shall belong to or
devolre upon said corporation with re-
spect TO the railway originally located,
constructed and maintained under the
provisions of the act to which this is Il
supplement.
Under the rule OF strict construction
of corporate grants to which We have
referred can this he construed IA
operate AZ an unconditional grant al
rights and privileges, when the rights
and privileges which were granted ~
the original act were conditioned in the
manner we have seen, aud that too
when the condition attached to the
| ..,I nat r,Ra 80 mt ~.
il being obvious that an unconditional
grant of the power to build a railway
at any time in the future that tht
grantee Of the power might see fit, j,
very much more valuable grant thar
one conditioned upon its construction
within two years?
am clearly of opinion that ii cauno
be so construed; that the responder
possesses in this respect only TN
power il possessed unuer tho origina
I, act. and that 1t would be impossible t,
put any other construction upon thu
grant OF powers contained 10 the sup
Elementary act without unaettling al
:, the rules OF construction governing tn
\ Interpretation of legislative grants o
= franchises.
u In other words, the rights and priv
, legeH possessed by the corporation re-
9 spondent, under the terms Of the nrigi
u nal act, and the duties aud RESPONSE
!, hilities TO which it was made aubieC
!, by that act being neither altered no
enlarged by the supplementary act,
u must be held that 1t rested under th
obligation to complete, equip anu pu
:, in operation the branch line within tw
). years after the passage Of such sur
y Elementary act, in tLs same manner {
= il had rested under the obligation I
y complete the main line within thi
!, period after the passage of the origin
u act. 1t being admitted that this WI
y not done, it follows that the responder
y has forfeited the right to condemn an
u enter upon compliments lands, md
u will therefore grant the motiun for
= preliminary injunction as prayed for
u the bill.