7.1 



WAI 



\\ -AYWODE, OR WOYEVODA. 



twenty rir or from a declaration made by the party th.it he hu no 

 - , I ; . t. 



A way of necessity u limited by the necessity out of which it hu 

 arum. If the party to whom such a way U implicdly granted, or by 

 whom it is imphedly reserved, becomes entitled to some other acceas to 

 hii land, equally direct, the way of necessity a gone. 



The particular righto of the grantee of a private way continue to 

 exist notwithstanding the owner of the land may hare dedicated it to 

 the public as a high-way. The grantee cannot throw the burden of 

 repairing the way upon the grantor, unless by the terms of the grant, 

 evidenced by the deed, or by uaer, the grantor hu engaged to enable the 

 grantee to use the way. 



If the occupier of the land over which a private way passes, or 

 any other person, obstruct the way, the party entitled to the way may 

 remove the obstruction, and he may also bring an action (on the case, 

 or, in some cases, an action of covenant against the obstructor. 

 On the other hand, if the occupier of the land resisting the claim 

 of a right of way, bring an action of trespass against the person 

 ezerciaing the alleged right, the defendant may plead in justification 

 a title founded upon prescription, grant, reservation, or statute. 



II. Between private ways and public ways stand what may be called 

 guati public ways, which partake of the qualities of both, but differ in 

 some respect* from each. By some writers these are classed among 

 private, by others, among public ways ; they seem more properly to 

 constitute a distinct intermediate class. Such are ways which the 

 inhabitant* of a town, 4c., have immemoriaUy used from their town, 

 Ac., to a church or market. A right of this description cannot, in 

 modern times, be created. It cannot be the subject of a grant, inas- 

 much as inhabitants, as such, are not at this day capable of taking any 

 interest by grant ; nor can it, like a public way, be created by dedica- 

 tion, u a dedication of a way can only be to the public at large. Such 

 a right therefore can exist only as the consequence of an ancient 

 custom. 



I 1 1. A highway is created where the owner of the soil has, by 

 express words or by some act done or forborne, declared his inten- 

 tion that the public shall have the use of a way over such soil. The 

 dedication of a way to the public may be by writing or by words ; so 

 that it may be inferred from the acts of the party, u the throwing 

 down of fenced, or from mere tacit acquiescence where the acquiescing 

 party is in possession of the land, and therefore has the means, if dis- 

 posed so to do, of preventing the use of the way. In all cases, how- 

 ever, it is necessary that the party dedicating should have a sufficient 

 interest in the land to warrant such dedication. If he has a less 

 estate than a fee-simple, his dedication will not bind the reversioner. 

 But it would also appear that the owner of such a limited estate could 

 not even dedicate a highway to the public for the limited period of 

 his interest in the soil, and that his attempted dedication, however 

 distinctly and formally mode, would amount to nothing more than a 

 licence revocable at pleasure. 



When there is no express dedication, the presumption of an inten- 

 tion to dedicate, arising out of the conduct of the party, may be 

 rebutted ; as by showing that when the public were first admitted a 

 bar or a chain was occasionally placed across the rood, whereby passen- 

 gers might, at times, be excluded ; although it should also appear 

 that the bar, &c., had long been omitted to be used, or that it had 

 been suffered to fall into decay, or had been actually broken down, 

 and that no attempt hod afterwards been made to restore it. 



A highway is frequently created by statute, principally under in- 

 cJoaureacta. 



Whatever may have been the origin of a highway, it cannot, at com- 

 mon law, be destroyed or altered, except alter an inquisition taken 

 upon a writ of ad quod damnum. 



By the common law the burden of maintaining highways is thrown 

 upon the occupiers of lands and tenement* within the parish, or rather 

 within the township in which the way is situated. But particular 

 persons may be bound to repair a highway. This special liability may 

 exist by reason of enclosure (ralioiu coarctatimu), against parties who 

 have enclosed the aides, or one side of the road, and have thereby 

 lessened the facilities for breaking out into the adjoining lands where 

 Decenary ; or by reason of the possession of lands (rati<mt ten urn: 

 lane ta), which have by some means become chargeable with the 

 burden. In the case of a corporation aggregate, a liability to repair 

 may also be established by prescription only, or ancient usage, without 

 enclosure or tenure. 



Any obstruction or other nuisance in a highway may be abated or 

 removed by any person who chooses to undertake the task. The 

 wrong-doer may also be proceeded against by indictment as for a 

 misdemeanor ; but ho is not liable to an action, u he is in the case of 

 nuisance to a private or to a quasi-public way, except in respect of 

 special damage. 



The regulation of highways has frequently been made the subject of 

 legislative interference. The general statute now in force is the 5th 

 and 6th Will IV. c, 60. 



In the caw of a way over water, either private, quasi-public, or 

 pulilic, if the course of the water alter by sudden or gradual change, 

 the way in n-ntinn. .1 ..-. .1 the new course. Every navigable river, 

 arm of the sea, or creek, is a highway for ships and boato. I UivEii.l 



WAY, MII.KY. (MILKY WAY.] 



WAYS, ROMAN. Our old chroniclers and writers give this name 

 to four principal ancient highways which they suppose to have been 

 either originally formed by the Romans in Britain during their occu- 

 pation of the country, or at least to have been completed and perfected 

 by that people upon lines of road for the greater part already traced 

 and used by the former inhabitants. The names however by which 

 the four highways are distinguished appear to be Saxon in form, 

 although they may be Roman or British in etymology : Watling-street, 

 Ikenield-Btreet, Ermine-street, and the Fosse-way. The Saxons no 

 doubt adopted the Roman highways, but probably gave them new, or 

 altered their existing names. Watling-street is held to hare extended 

 from Dover to Chester ; or, according to another hypothesis, to Chester- 

 le-street, in Durham, passing through Canterbury, London, and Veru- 

 lam, from which last-mentioned town it had also the name of Wcrlaem- 

 street. Its remains, or supposed remains, are still known in various 

 places by the names of High Dyke, High Ridge, Ridge Way, and 

 Forty-Foot Way. There has indeed been much controversy u to 

 whether Watling-street did actually pass through London ; but the 

 received opinion is, that it passed along the line of what U still called 

 Watling-street in the City, meeting the other three great roads or 

 branches from them at the central inilliarium in Cannon-street, pointed 

 out by the site of London Stone, and crossing the river at Dowgate to 

 what is still called Stoney-street on the Surrey side. The northward 

 course of Watling-street, after leaving London or its neighbourhood, 

 is supposed to have been over Hampstead Heath, to Edgeware, and 

 hence, through Verulam (or St. Alban's), and Dunstable in Bedford- 

 shire, to Stoney Stratford in Buckinghamshire, whence it skirted 

 Leicestershire on the west to Bosworth, and thence proceeded in a 

 north-western direction to Chester. Ikenield or Ichenild-strect is said 

 to have been so called from its commencing on the eastern side of the 

 island in the country of the Iceni, mentioned by Tacitus, and supposed 

 to be the same with the Simeni of Ptolemicus, who appear to have 

 occupied Norfolk, Suffolk, and Cambridge. On the supposition how- 

 ever of London Stone having been the central milliarium where all the 

 great roads of the country met, a branch of the Ikenield must have 

 extended to this point ; it is supposed to have passed through Aldgate, 

 and to have been otherwise known by the name of the Vicinal Way. 

 The course of the Ikenield to the westward is extremely obscure : it 

 appears to have crossed Watling-street at Dunstable, and thence ex- 

 tended first south-by-west to Dorchester, and thence westward through 

 Devonshire and Cornwall. Ermine or Hermin-street, again, is con- 

 jectured by some to have extended from St. David's, at the south- 

 western extremity of Wales, to Southampton; by others, to have 

 stretched more directly across the country to London, which it may 

 have entered by what is now called Holborn. From London it pro- 

 ceeded northward by Godmoncheater to Lincoln, and thence to Winter- 

 ton on the H umber, where was a ferry : beyond the Humber, roads 

 proceeded northwards to Whitby, and north-by-west to York ; and 

 thence to the border, and later into Scotland. Finally, the Fosse ia 

 supposed to have taken its course from south-west to north-east, begin- 

 ning near Totnes in Devonshire, and passing through Bath, Cirencester, 

 Chipping Norton, Coventry, Leicester, and Newark, to Lincoln, where 

 it united with Ermine-street. The courses of these and the other lead- 

 ing Roman roads through the several counties will generally be found 

 described more particularly under the several counties in the GEOQ. 

 Div. The whole subject of these supposed Roman highways is how- 

 ever obscure and undetermined. Yet it is certain that the entire face 

 of the country was, during the Roman occupation, covered with a net- 

 work of roads, and these four would seem to have been the main lines, 

 while others branched from them at various points, so as to connect 

 every important military station with London and other principal 

 towns, and with each other. Generally the main or military roads 

 were marked by directness of course ; in many coses they are almost 

 coincident with or parallel to the present roads. The branch or cross 

 roads (rid ricinala), the private roads (ri<r pritalre), and the bye-roads 

 (Jfrior), were of course less elaborate in construction and less direct ill 

 course. Itineraries of the chief Roman roods in Britain have come 

 down to us ; that called of Antoninus is probably of the 4th century, 

 that of Richard of Cirencester of the 14th century (of which however 

 there are doubts u to the genuineness), and a less complete one com- 

 piled in Ravenna in the 7th century : each is believed to have been com- 

 piled from more ancient materials. The four great roads, with one or 

 two more, such u Akeman-Btreet, extending westward from London to 

 Bath, may have been, as commonly supposed, the old British highways; 

 but there can be little doubt tli.it they were re-formed and recon- 

 structed by the Romans. Vitruvius has left a full account of the 

 Roman system of making paved ways [HOADS], and these English 

 roads, though less elaborate in construction than those diverging from 

 Rome itself, seem, from the appearance presented by their founda- 

 tions wherever they have been dug up, to have been formed on the 

 same substantial principle. Where they remain, they are still often 

 in 'good order, although they were doubtless adopted by the Saxons, 

 and continued to be used for a long period subsequently. 



W AYWODE, or WOYEVODA, is a Slavonian appellation, derived 

 from royna, " war," and rorfiV, ' to lead ; " and consequently it has the 

 same etymology u the Latin VHJ-, the tiaxon Eeretog, and the in 

 German Hrranj. 



This name was originally given to military commanders in different 



