Page:The New International Encyclopædia 1st ed. v. 10.djvu/86

* HIGH SEAS. 70 HIGHWAY. lietwwn iiidoptndcnt nations; and tlioir waters. after passin;,' long distances, debouch into the ocean. Wi- may as a|)pro.xiniately desipnate the open, uninclo-i^'d waters of the lakes as the high seas of the lakes, as to desiimate similar waters of the ocean as the hifjli seas of the (X'ean, or similar waters of the ^l('diterranl■an as the high seas of the .Mediterranean. . minority of the court viporon^iy dissented, insisting that legal usage had limited the term to the ocean, the common highway of all nations. ^'hile tlie high seas are. as a rule, the common highway of all nations and not the suliject of ownership or monopoly by any one. a State ia entitled to a large measure of jurisdiction over that part of them lying within a marine league of its coast. This control is accorded hy inter- national law. in order that a State may protect itself liy proper (iscal an<l di'feiisive regulations. Accordingly, within this three-mile limit, the vessel of a friendly power may be boarded and searched, on suspicion of l)eing engaged in un- lawful commerce, or of violating the revenue laws. It may even be chased beyond these terri- torial waters and arrested and .searched outside their limits. See Bkri.no Sea Co.ntkoveksv; I'isii- ING L.ws; and Mabe C'lavsum. t'onsult the authorities cited under the above titles and under -ViiMlRAiTV I, AW: also I'liitcd Slates ix. ICodyers, 150 Viiited States Kiports.. 249 (1893). HIGH STEWARD. See Stetwabd. HIGH TREASON. See Tkeasos. HIGHWAY. A place over which the public generally has a right to pass. In Lord Holt's language, "it is the <ienus ot all public ways." As a term of the common law. it includes roads, streets, footpaths, bridle-paths (or ways along which the public is entitled to ride or lead a horse), driftways (or places along which the public may drive cattle), public canals, ferries, bridges with their approaches, public squares, and navigable streams. In .statutes, however, it is sometimes used in a narrower sense, being limited to country roads. Ordinarily, the right of the public in a high- way is that of user, iint of land-ownership. To this extent it partakes of the nature of an ease- ment (q.v.), but it is not a true easiinent. U-- eause there is no dominant estate. The public enjoys a right of way, hut not as the owner of an estate in land to which such a right is ap- purtenant. A private way. on the other hand, is an easement, for its user belongs to particular persons, by reason of their ownership of certain lands. Whether a place of passage is a high- way or a private way does not depend upon its being a thoroughfare, that is open at both ends, or leading to a public place. It is now well set- tled that a (ulile-sac may be a highway. If the public is entitled to pass and repass, the place is a highway, although its terminus is at the gate of a private hovise. Highways are created either by act of the Gov- ernment, or by dedication of the landowner and acceptance by the public. Dedication may be either express or implied. It is of the first kind where a landowner formally lays out a public road or street and gives notice that the public may use it. The dedication is implied where the public makes use of a way without objection of the landowner, and under circumstances in- dicating his assent to the public use. One may irrevocably convert a portion oi his land into a highway, by selling lots bounded along a specilied road or street, without securing an acceptance of the highway by the proper authori- ties. In such a case, he is buund to keep the road or slri"et open for the benelit of those who have l>een induced by his representations to be- come purchasers of abutting prupcrty. but the public is not bound to keep tlie way in repair. In order that this burden be east upon the public, there must be an acceptance by the proper au- thorities. At conunon law, a formal act of ac- ceptance is not required. Any assumption of con- trol, which is properly exercisable by the jjroper authorities in, the case of highways, such as let- ting a contract for the improvement of the road or strwt in que-tion. will establi>h an implied acceptance. In the Inited States country high- ways are created nmre frequently by the act of (lovernmcnl than by private dedication. -H times they are established by special legislation, but as a rule under general statutes. The.se dilTer in the various States, although their principal provisions arc much alike. They ordinarily re- quire a formal application tor the highway, proper notice to the various persons whose prop- erty will be directly alfected, a proper hearing iK'fore certain ollicirs or tribunals, a proper as- sessment of damages or of benefits, and a proper record of the proceedings. After a highway has been established, it can be lawfully altered or vacated only by act of Government. This may be accomplished by special legislation. .s a rule, however, the State delegates its authority over this subject to county, town, or city otTieials. In this country, even the State eaiuiot change or vacate a highway without making compensation to landowners, whose property rights are taken away thereby. This is hi-eause of constitutional l)roliibitions against the t.tking of private prop- erty for public use without just compensation. In England, Parliament is not thus hampered by const itiitional limitations. The ordinary rule, both in England and in this country, is that the public has only a user of the surface of the highway; the fee of the land remains in the adjoining owner. Vnder the first branch of the rule, the pul)lie is entitled to use every part of the highway, and is not limited to liie traveled or Ix'aten part only, .ccordingly, if any portion of a highway is unlawfully occu- pied by a fence, gate, wall, or building, such obstruction is a nuisance, and may be abated either by the public authorities, or by any traveler whose right to use the road is inter- fered with. This is one of the few eases where a person is allowed to take the law into his own hands. It is his duty, in such cases, to proceed in a j)eaceable manner, and to do no more in- jury than necessary to the property which con- stitutes the nuisince. The person who is responsi- ble for the nuisance is liable in damages to any one injured thereby. In some circumstances a trav- eler has a right to deviate from the highway and go upon adjoining lands. This is based upon the ground of pu'ilie convenience and necessity. Highways being established for the use and Ijene- fit of the whole comnuinity. a due regard for the welfare of all requires that when temporarily obstructed by storm or flood, travel should not t)e interrupted. A person traveling on a highway is in the exercise of a public right, and if he is compelled by impassable obstructions to leave the