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 periodicals archive ?
1) title: Functional contract: Maintaining roads primarily in rural areas - faaborg-midtfyn municipality.
SIDON, Lebanon: Maintaining roads and boosting the Internal Security Force's capabilities are all vital to limiting the number of car crashes and the proper implementation of the new traffic law, experts said during a conference in Sidon.
Recognizing that the cost of reconstructing deteriorated roads can be 10 times the cost of maintaining roads, Lane County is seeking additional resources now to help support an adequate maintenance program.
The money for this idiotic project would have been better spent on maintaining roads in the borough pitted with potholes.
Future budget wars could see homeless families and disabled people pitted against maintaining roads, support for the elderly and kids' playgrounds.
A number of projects are also being executed in the wilayats of North A'Sharqiyah that include paving project of roads of Shabak village in the Wilayat of Bidiyah, a project for maintaining roads in the Wilayat of Dama Wa Ta'eein and paving internal roads in the Wilayat of Wadi Bani Khalid.
In December, the Assembly announced an extra pounds 7m for Wales'' 22 councils for pothole repair and gritting, but this came after a proposed 90% drop in funding for maintaining roads, from pounds 68m this year to just pounds 6m by 2013.