HAMILTON VS. ANNAPOLIS RAIL ROAD CO. 1Q7

I am of opinion that I ought not to interfere in the manner
asked for, and therefore the application is disallowed, and the
petition will be dismissed.

[No appeal was taken from either of the orders in this case.]

JOHN HAMILTON

vs.

THE ANNAPOLIS AND ELK RIDGE DECEMBER TERM, 1847.
RAIL ROAD COMPANY ET AL.

[RIGHT OF EMINENT DOMAIN—FORFEITURE OF CHARTER—VENDRO'S LIEN.]

NOTHING can be clearer than that private property cannot be taken for public
use, without making just compensation to the owner.

The right of eminent domain gives to legislative authority the control of private
property for public uses, subject to the condition, that a reasonable and just
compensation shall be made to the owner.

Any attempt to exact this power, without complying with the condition, would
be at war with the great principles of natural justice, and in direct conflict
with the constitution of the United States.

The land in question, having been condemned for the use of the Annapolis and
Elk Ridge Rail Road, under the act of 1836, ch. 123, sec. 15, and the inqui-
sition returned to, and duly confined by, the proper county court, the propri-
ety of the condemnation and uae of the property, cannot be drawn in question
in an accidental or collateral proceeding.

A cause of a forfeiture of a charter of incorporation cannot be taken advantage
of, collaterally or incidentally; but it must be enforced by scire facias or quo
warranto at the instance of the government, and until the government so in-
terferes, the franchise continues.

So long as the charter of a company continues in existence, their property can-
not be taken from them, upon the allegation that it was acquired by an abuse
of their chartered privileges.

Whether the vendor's, lien exists or not, in a case where the property of an in-
dividual is taken for the public use in virtue of the right of eminent domain,
is a question of no easy solution.

[The bill filed in this cause, alleged, that on the 30th May,
1838, proceedings having been previously instituted by the An-
napolis and Elk Ridge Rail Road Company, for condemning a