HIGHNESS

A Law Dictionary · 1910 · p. 12
A title or honor given to princes. The kings of England, before the time of James I., were not usually saluted with the title of "Majesty," but with that of "Highne ." The children ot crowned heads generally receive the style of "Highne ." Wharton. HIGHWAY, A free and public road, way, or street; one which every person hae the right to use. Abbott v. Duluth (C. C.) 104 Fed. 837; Shelby County Com'rs, v. Cas tetter, 7 Ind. App. 309, 33 N. E. 986; State v. Cowan, 29 N. C. 248; In re City ot New York, 135 N. Y. 253, 31 N. •E. 1043, 31 Am. St. Rep. 825; Parsons v. San Francisco, 23 Cal. 464. "In all counties of this state, public highways are roads, streets, alleys, lanes, courts, places, trails, and bridges, laid out or erected, as such by the public, or, it laid out and erected by others, dedicated or abandoned to the public, or made such 1n actions for the partition ot real property." Pol. Code Cal. I 2618. There is a difference in the shade of meaning conveyed by two uses of the word. Sometimes it signifies right of free pa age, iJ;1 the abstract, not importing anything about the character or construction of the way. Thus, a river is called a "highway;" and it has been not unusual for congre , in granting a privilege of I 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 imports a road-way upon the soil, ~nstructed under the authority of these laws. Abbott. · -Commi ioners of highways. ·Public of- J ficers appointed in.the several counties and municipalities, in many states, to take charge of the opening, altering, repair, and vacating of highways within their respective jurisdictions.-Common highway. By this term is meant a road to be used by the community K at large for any purpose of transit or traffic. Ham. N. P. 239; Railway Co. v. State, Z"d Fla. 546, 3 South. 158, 11 Am. St. Rep. 395. -Highway acts, or laws, The body or s'ystem of laws governing the laying· out, repair, and use of highways.-Highway cro ing. A place where the traek of a railroad cro es the L line of a highway.-Highway-rate. In English law. A tax for the maintenance and repair of highways, chargeable upon the same property that is liable to the poor-rate.-Highway robbery, See ROBBERY.-Highway tax. A tax for and applicable to the making and repair of highwey!I. Stone T, B'lan. 15 M Gray (Ma .) 44. [s. 577]
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