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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. Excerpt: say, and do say, that from the Year-Books to this time no judge, except T)ykman, has ever discovered that an estate or right of any kind granted under a condition-subsequent was lost by a mere forfeiture limited upon a mere non-performance of such a condition. That the right is exposed to loss we all know. But unless, and until, the heirs of the grantor, or other party entitled in succession to him by the terms of the grant, intervene and claim the estate or right, of whatever nature it may be, the universal rule of law is, and always has been, that such estate or right remains in the grantee, and his legal successors to all intents and purposes whatsoever. It is the uniform voice of authority, that the forfeiture must be judicially ascertained and declared in favor of the party next entitled to the same right or estate. No such party is now before the Court; no one who can dispute the right of the original grantee. The State raises no question, nor does the County of King's. 5. There is yet another consideration entitled to a decided influence. In the terms of the Rapid Transit Act and of the charter, created by its authority, the sovereign power offered to the County of King's the franchise of building elevated railways in the streets of the City of Brooklyn, under conditions-precedent that local consents be first given: and, then, under the further contingency, that the original grantee should lose the franchise by a forfeiture. 6. Now, there is not the slightest evidence that the County of King's ever accepted or intended to accept the franchise thus proposed. The mere absence of evidence is enough on such a question, because franchises granted by the legislative powers, even a corporate charter, have no operation without the concurrence and...
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Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236917235
  • 9781236917232