road

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ROAD. A passage through the country for the use of the people. 3 Yeates, 421.
     2. Roads are public or private. Public roads are laid out by public authority, or dedicated by individuals to public use. The public have the use of such roads, but the owner of the land over which they are made and the owners of land bounded on the highway, have, prima facie, a fee in such highway, ad medium filum vice, subject to the easement in favor of the public. 1 Conn. 193; 11 Conn. 60; 2 John. 357 15 John. 447. But where the boundary excludes the highway, it is, of course, excluded. 11 Pick. 193. See 13 Mass. 259. The proprietor of the soil, is therefore entitled to all the fruits which grow by its side; 16 Mass. 366, 7; and to all the mineral wealth it contains. 1 Rolle, 392, 1. 5; 4 Day, R. 328; 1 Conn'. Rep, 103; 6 Mass. R. 454; 4 Mass, R. 427; 15 Johns. Rep. 447, 583; 2 Johns. R. 357; Com. Dig. Chimin, A 2; 6 Pet. 498; 1 Sumn. 21; 10 Pet. 25; 6 Pick. 57; 6 Mass. 454; 12 Wend. 98.
     3. There are public roads, such as turnpikes and railroads, which are constructed by public authority, or by corporations. These are kept in good order by the respective companies to which they belong, and persons travelling on them, with animals and vehicles, are required to pay toll. In general these companies have only a right of passage over the land, which remains the property, subject to the easement, of the owner at the time the road was made or of his heirs or assigns.
     4. Private roads are, such as are used for private individuals only, and are not wanted for the public generally. Sometimes roads of this kind are wanted for the accommodation of land otherwise enclosed and without access to public roads. The soil of such roads belongs to the owner of the land over which they are made.
     5. Public roads are kept in repair at the public expense, and private roads by those who use them. Vide Domain; Way. 13 Mass. 256; 1 Sumn. Rep. 21; 2 Hill. Ab. c. 7; 1 Pick. R. 122; 2 Mass. R. 127 6 Mass. R. 454; 4 Mass. R. 427; 15 Mass. Rep. 33; 3 Rawle, R. 495; 1 N. H. Rep. 16; 1 McCord, R. 67; 1 Conn. R. 103; 2 John. R. 357; 1 John. Rep. 447; 15 John. R. 483; 4 Day, Rep. 330; 2 Bailey, Rep. 271; 1 Burr. 133; 7 B. & Cr. 304; 11 Price R. 736; 7 Taunt. R. 39; Str. 1004. 1 Shepl. R. 250; 5 Conn. Rep. 528; 8 Pick. R. 473; Crabb, R. P. Sec. 102-104.

ROAD, mar. law. A road is defined by Lord Hale to be an open passage of the sea, which, from the situation of the adjacent land, and its own depth and wideness, affords a secure place for the common riding and anchoring of vessels. Hale de Port. Mar. p. 2, c. 2. This word, however, does not appear to have a very definite meaning. 2 Chit. Com. Law, 4, 5.

References in classic literature ?
For some time now, things have been happening in this district that have been worrying him dreadfully--several people have disappeared, without leaving the slightest trace; a dead child was found by the roadside, with no visible or ascertainable cause of death--sheep and other animals have been found in the fields, bleeding from open wounds.
There were no fences at all by the roadside now, and the land was rough and untilled.
Two Footpads sat at their grog in a roadside resort, comparing the evening's adventures.
The weeds growing rankly by the roadside showed it in blots and splashes on their big, broad leaves.
Or sometimes, better still, we find them really there by the roadside boiling a mysterious three- legged black kettle over a fire of sticks.
He preached, not only in churches, but in barns and in fields, by the roadside or in the market-place, anywhere, in fact, where he could gather an audience.
on his own back, why, good luck to them, and many a merry roadside adventure, and steaming supper in the chimney corners of roadside inns, Swiss chalets, Hottentot kraals, or wherever else they like to go.
Levin got off his mare, and fastening her up by the roadside went to meet Tit, who took a second scythe out of a bush and gave it to him.
And ever the road seemed to rise under the noses of the snorting mares, filling the air with noiseless flight, drifting down the breeze in clouds of brown and yellow soft-flaked as snow, and piling in mounds against the fences, ever driven to float helplessly on the irrigation ditches along the roadside.
The last occasion on which he did this was just as he emerged from the shadow of a large tree that stood by the roadside, and a gush of rich emotion rewarded him.
Trundle, with Sam Weller on the box beside the driver, pulled up by a gate at the roadside, before which stood a tall, raw-boned gamekeeper, and a half-booted, leather-legginged boy, each bearing a bag of capacious dimensions, and accompanied by a brace of pointers.
The soft black earth stood out in patches along the roadsides.