Page:Black's Law Dictionary (Second Edition).djvu/579

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good situations In life, (tie bll67l.08 lugures,) and possessed of property, (algo.) White. New Recop. b. 1. tit. 5. c. 1.

In Spanish law. Nobility ‘by descent or lineage. White, New Recap. b. 1. tlt. 5, c. 3, § 4.

HEDE. In old English law. A measure

of land, being as much as conld be worked with one plow. It is variously estimated at: from 60 to 100 acres, but was probably determined by local usage. Another meaning was as much land as would support one fiiuiily or the dwellers in a mansion-house. Also a house; a dwelling-house. —Hide and gain. In English law. A term Ill'\('l[‘lJIly applied to arable land Co. Litt. 85b. —}:[ide lands. In Saxon law. Lands belonging to I: hide; that is, a house or mansion. Spelman.

I-ITDEL. In old English law. A place of protection: a sanctuary. st. 1 Hen. VII. cc. 5, 6; Cowell.

HIDGILD. A sum of money paid by a villein or servant to save himself from a whipping. Fleta, l. 1, c. 47, § 20.

BZIIERARCBTY. Originally, government by a body of priests. Now, the body of oicners in any church or ecclesiastical institution. considered as forming an ascending series of ranks or degrees of power and authority, with the correlative subjection, each to the one next above. Derivntiveiy, any body of men, taken in their public capacity, and considered as forming a chain of powers, as iibove described.

HIGH. This term, as used in various coiupuuiid legal phrases, is sometimes merely an addition of dignity. not importing a comparison; but more generally it means exalted, either in rank or location, or occupying a position of superiority, and in a few instances it implies superiority in respect to importance, size, or frequency or publicity of use, c. 9., "high seas," "bighway."

As to high "Baili.tf," "Constable." "0rimcs,"

"J ustlce," "Justici.11," "Scliool," "Sea," "Sheriff." "Treason." and "Water-Miirk." see those titles. —1{igh commission court. See Cows-r or Finn Co:iiiiiissioIr.—!{ig].i court of alluri- rnlty. Soc Courrr or Aoma;u:rY.—}Iigh court of delegates. See Courrr or Dl‘LE- GA'fEs.—I-Iigh court of errors and appeals. See Cooar or ERRORS AND \PPEALS.—High court of justice. See Sorsssiu COURT or .lunIcA'nmE.—High court of parliament. See Pasusnsxr.

HIGHER, AND LOWER SCALE. In the practice of the English supreme court of judlcature there are two sc:iles regulating the fees of the court and the fees which solicitors are entitled to charge. The lower scziie applies (unless the court otherwise or-

671

HIGHWAY

ders) to the following cases: All causes and matters assigned by the judicature acts to the king's bench, or the probate, divorce, and admiralty divisions; all actions of debt, contract, or tort; and in almost all causes and matters assigned by the acts to the chaiicery division in which the amount in litigation is under £1,000. The higher scrils applies in all other causes and matters, and also in actions falling under one of the above classes, but in which the principal relief sought to be obtained is an injunction. Sweet.

HIGHNESS. A title of honor given to princes. The kings of England, before the time of James I., were not usually saluted with the title of ".\I:i1'esty," but with that of "EIighiicss." The children of crowned heads generally receive the styla of "EIighness." Wharton.

HIGHWAY. A free and public road, way, or street: one which every person has the right to use. Aliliott v. Duiuth (C. C.) 10-1 Fed. 837; Shelby County Com'rs v. Cast.ett.er, 7 Ind. App. 309. 33 N. . 986; State v. Cowan. 29 N. C. 248; In re City of New York, 135 N. Y. 233, 31 N. E. 1043, 31 Am. St. Rep. S25: Parsons v. San Francisco, 23 Cal. 464.

"In all counties of this state, public high- ways are roads, streets, ullcys. lanes, courts. places, trails, and bridges, laid out or erected as such by the public, or, if lnid out and erected by others, dedicated or abandoned to the public, or insds such in actions for the partition of real property." Pol. Code Cal. 5 2618.

There is a difference In the shade of meaning conveyed by two uses of the word. Sometimes it signifies right of free passage, in the ab- stract. not iniporI.'ing anything about the char- acter or construction of the way. ‘bus, a river is called a "higliway;" and it has liccn not unusual for congress, in granting a pi-ivilc,-;e of building a bridge, to declare that it shall be a public highway. Again, it has reference to some system of law authorizing the taking a strip of land, and preparing and devoting; it to the use of travelers. In this use it imparts a rond-way upon the soil, constructed under the authority of these laws. Abbott. —Commissioners of highways. Public officers appointed in the several counties and municipalities, in many states, to take chirge of the opening, altering, repair, and vacating of highways uithiii their respective jurisdictions.—Conunon highway. By this term is meant a road to be used by the community at large for anv purpose of transit or triifiic I-Inm. N. P 239; Raiiway Co. v. State Fla. 5-16. 3 Smith. 158. 11 Am. St. Rep.. —]-Iighway acts, or laws. The body or system of laws governinitthp laying out. repair, and use of highwiiys.— ighway crossing. A place where the track of a railroad crosses the line of a bi_-.:hway.--I-Iighwsy-rate. In Eugllsh law. -\ tiL\' for the maintenance and repair of highways, chzirgcabie upon the sum!- property that is liable to the prior-ratc —}Iig]1- way robbery. See ItoRsi«:aY.—I:lighw_uy tax. A tax for iinrl applicable to th-~ miilrin: and repair of highways. Stone v. 1;‘-can, 15 Gray (I\Iass.) 44.