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 ?
Total quantity or scope: Lot1-breaking works, excavation, road system recovery and realization of investment and related foundations remedy defects in underground and overhead power lines, electrical installations belonging to E.
The road system, totalling 300 kilometres, will service 51 residential areas.
The road system in Newgate Street outside The Gate causes that part of town to be totally gridlocked at times.
In order to study the behavior of the road system under climatic change it has been proposed to study the road system behavior in two distinct situations: for a good foundation soil (E = 100 MPa, [mu] = 0.
Road systems in London, Birmingham, Manchester, Glasgow and Leeds were labelled by motorists as particularly difficult to navigate.
Pupils at the school in Fossdale Road, Wilnecote, Tamworth, now know how to keep safe on real roads after lessons on the playground road system which has working traffic lights, go-kart vehicles and replica road signs.
In that region, Mendes's philosophy has been adapted by rural Amazonian communities of small farmers and settlers, including those lured up the spreading road system in the 1960s by offers of free land dangled by the military dictatorship.
I was greatly amused by Councilwoman Cindy Miscikowski's claim that ``until we all change our habits, our road system will look like our road system.
I find it incredible we are still reliant on a road system that was designed decades ago.
Despite the congestion in this densely populated island nation, the road system is kept in surprisingly good repair.
Professor Tim Guilford of Oxford University said yesterday: "It has knocked our team sideways to find that pigeons follow the road system.
Our road system is unfortunately in need of great repair.