Home1860 Edition

HIGHNESS

Volume 11 · 588 words · 1860 Edition

title of honour given to princes. The title of "highness" was given to Henry VII.; and, along with "your grace," continued to be used by Henry VIII. till about the close of his reign, when "your majesty" was adopted in preference to both. Along with other titles, that of "highness" was given to the Prince of Orange by Louis XIV. of France in 1644.

Highways, or Roads, are of various kinds; public highways, parish roads, carriage roads, horse roads, footpaths, and loanings of way for cattle. Public highways are vested in the crown for behoof of the public. In like manner the streets of burghs are held for the public by the magistrates. In no case can they be encroached on with- Highworth out the authority of parliament. The highways in Scotland are now under the regulations of the general statutes 4th Geo. IV. c. 49, and 1st and 2d Will. IV. c. 43, together with local statutes for different counties. The highways in England are under the regulations of the statute 5th and 6th Will. IV. c. 50. The local statutes are interpreted as if they formed part of the general ones, and are only effectual in so far as they are consistent with them. There are also the statutes 3d and 4th Will. IV. c. 33, relative to Highland roads; the 1st and 2d Vict. c. 118, relative to the conveyance of the mails by railroads, and powers of the postmaster-general; and 2d and 3d Vict. c. 45, regulating the crossing of highways by railways. The parish roads are still maintained on their old footing by statute labour. The trustees of highways are not entitled to shut up parish roads, or interrupt servitude roads, in order to compel parties to travel on the highways, whereby they may be made liable in tolls. The other roads or ways mentioned above are properly servitudes or burdens on estates for the benefit of contiguous heirs, their families, friends, and tenants, and bear some resemblance to the Roman servitudes—uter, a right of horse or foot passage, actus, a carriage way, and via, which was broader than the others, and comprehended the rights of both. The usages of Scotland are analogous to these; excepting that a horse road is not included in a foot road. These servitude rights are sometimes constituted by writing, and sometimes by immemorial possession and acquiescence. In whatever way constituted, they cannot be enlarged without the consent of the owner of the land over which they pass; and he is not bound to be at any expense in maintaining the way. A right merely of footpath does not prevent the owner of the land from inclosing it, provided he leave a stile for the passengers at each end of the enclosure; and he may even shift the line a little if no real inconvenience be occasioned.

In England, as in Scotland, a right of way may be acquired by prescription, as when the inhabitants of a hamlet, or owners or occupiers of a farm have immemorially crossed ground for particular purposes, such as going to church, or market, or the like; for such immemorial usage supposes that there was originally a grant. The great distinction between a servitude of way and a public road is, that the former belongs only to the parties by whom it has been acquired, while the latter is open to any body who chooses to use it, and who may even brevi manu remove any unwarranted obstructions that have been recently erected.