LAW" OF THE FARM. 313 



'world is the gainer for extending to woman the right to control her own 

 property; and I apprehend that the time is not far distant when she will be 

 thought competent to be intrusted with the ballot. 



LECTURE NUMBER THIRTEEN. 



THE FAEMEK AND THE HIGHWAY. 



I find it necessary to enlarge a little on this subject, on account of several 

 ■communications which I have received from farmers concerning it. 



The statute prescribes the method by which land may be taken for a public 

 highway. It is generally upon the petition of a certain number of freeholders. 

 Upon a proper petition, the highway commissioners are authorized to pYoceed 

 and lay out a highway. All persons interested have notice in the manner 

 prescribed by the statute, and can appear before the commissioners and be 

 heard. When the road is laid out pursuant to the requirements of the statute, 

 it becomes a public highway. It makes no difference where it begins or where 

 it ends. There is also a provision of the statute for laying out private roads. 



When a public highway is established and a part of the farm taken for that 

 purpose, all use of the land thus appropriated, not inconsistent with its public 

 use as a highway, remains with and may be enjoyed by the adjoining owner. 

 His interest is such that he may maintain an action of trespass for its obstruc- 

 tion, or for ploughing up the road when not done in the course of repairing. 

 He may sink water-courses below it, covering them so that the highway 

 remains safe and convenient, and the public must respect his water-course, 

 whether natural or artificial, and cannot shut it up. He may make 

 approaches to the highway from the farm by bridges, provided he does not 

 obstruct the public use. If the farmer owns a spring of water adjoining the 

 highway, he is entitled to any and all uses of it which do not interfere with 

 the public safety or obstruct or hinder public travel, and does not increase the 

 public burden in making repairs. If the water may be allowed to flow upon 

 the land of the owner, and the way can, at the same cost and with equal 

 safety be maintained, this must be done. The right of the owner to the use 

 of the spring under these limitations takes precedence of the right of the 

 public to divert it to the lauds of others, if the sole motive be to establish a 

 public watering place. The right of way existing in the public is a right of 

 passage along the highway, and not a right to get water either in streams or 

 springs on the soil of the adjoining owner. The water is no part of the high- 

 way, and its use is not incident to the use of the highway. 



The right of the public over a highway is, however, not confined to travel 

 only, but it may construct drains, sewers, gutters, water-pipes, cisterns, wells, 

 and reservoirs in the highways. While, as I have elsewhere said, the timber 

 and grass found in public highways belong to the owner of the adjoining soil, 

 in order to make the road passable it may be necessary for the authorities to 

 remove them, but they belong to the owner, and when cut should be removed 

 out of the way of the public. The public require a right of way only, and 

 do not require the timber or grass taken off, although it may be necessary to 

 remove the [same. The public have a right, generally, to use such material 



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