HIG 



HIG 



writers. Thus we are told they repre- 

 sented the Supreme Deity by a serpent, 

 with the head of a hawk. The hawk it- 

 self was the hieroglyphic of Osiris ; the 

 river-horse, of Typhon ; the dog, of Mer- 

 <mry ; the cat, of the moon, or Diana ; 

 the beetle, of a courageous warrior; a 

 new born child, of the rising sun ; and 

 the like. 



HIEROGLYPHICS. See WHITING, origin 



*f- 



HIGHWAY, a public passage for the 

 King's people ; whence it is called the 

 king's highway. It seems that anciently 

 there were but four highways in England 

 which were free and common to all the 

 king's subjects, and through which they 

 might pass without any toll, unless there 

 were a particular consideration for it. All 

 others which we have at this day are sup- 

 posed to have been made through the 

 grounds of private persons, on writs of ad 

 quod damnum, &c. which being an injury 

 to the owner of the soil, it is said they 

 may prescribe for toll without any special 

 consideration. 



There are three kinds of ways, a foot- 

 way, a pack and prime way, which is both 

 a horse and foot way, and cart way, 

 which contains the other two. But not- 

 withstanding these distinctions, it seems 

 that any one of these ways, which is com- 

 mon to all the king's subjects, whether it 

 lead directly to a market town, or only 

 from town to town, may properly be call- 

 ed an highway, and that any such cart- 

 way may be called the king's highway. 

 A river, common to all men, may also be 

 called the king's highway ; and that nui- 

 sances in any such ways are punishable 

 by indictment ; otherwise they would not 

 be punished at all ; for they are not ac- 

 tionable, unless they cause a special dam- 

 age to some particular person ; because 

 if such action would lie, a multiplicity of 

 suits would ensue. 



If passengers have used, time out of 

 mind, where the roads are bad, to go by 

 outlets on the land adjoining to an high- 

 way in an open field, such outlets are par- 

 cels of the highway ; and, therefore, if 

 they are sown with corn, and the track is 

 foundrous, the king's subjects may go 

 upon the corn. 



Repairing highways. By the common 

 law, the general charge of repairing all 

 high-ways lies on the occupiers of the 

 lands in the parish wherein they are. 

 But it is said that the tenants of the 

 lands adjoining are bound to scour their 

 ditches. 



Particular persons may be burdened 

 VOL. VI. 



with the general charge of repairing an 

 highway in two cases; in respect of an 

 inclosure, or by prescription. As where 

 the owner of lands not inclosed, next ad- 

 joining to the highway, incloses his lands 

 on both sides thereof; in which case he 

 is bound to make a perfect good way, and 

 shall not be excused for making it as good 

 as it was at the time of the inclosure, if it 

 were then any way defective ; because, 

 before the enclosure, when the way was 

 bad, the people, for their better passage, 

 went over the fields adjoining out of the 

 common track, a liberty which the inclo- 

 sure has deprived them of. Particular 

 persons may be bound to repair an high- 

 way by prescription. But in all cases, 

 whether a private person be bound to re- 

 pair an highway by inclosure or prescrip- 

 tion, the parish cannot take the advantage 

 of it on the general issue, but must plead 

 it specially ; and, therefore, if to an indict- 

 ment against the parish for not repairing 

 an highway, they plead not guilty, this 

 shall be intended only that the ways 

 are in repair, or that it is not an high- 

 way, but does not go to the right of re- 

 paration. 



At common law, it is said, that all the 

 country ought to make good the repara- 

 tions of an highway, where no particular 

 persons are bound to do it ; by reason the 

 whole county have their ease and passage 

 by the said way. 



By the ancient common law, villages are 

 to repair their highways, and may be pun- 

 ished for their decay ; and if any do in- 

 jury to, or straiten the highway, he is 

 punishable in the King's Bench, or before 

 the justices of peace in the court leet, &c. 

 Destroying any public turnpike-gate, or 

 the rails or fences thereto belonging, sub- 

 jects the offender to hard labour for three 

 months, and to be publicly whipped. 1 

 Geo. II. c. 19. On conviction at the as- 

 sizes, the offender may be transported for 

 seven years. And on a second offence, 

 or on demolishing any turnpike-house, 

 he shall be guilty of felony, and transport- 

 ed for seven years. But in both these 

 cases the prosecution must be within six 

 months, and on the convict's returning 

 from transportation he shall suffer death. 

 5 Geo. II. c. 33. 



Every justice of the peace by the sta- 

 tute, upon his own view, or on oath made 

 to him by the surveyor, may make pre- 

 sentment of roads being out of repair ; 

 and, thereupon, like process shall be is- 

 sued as upon indictment. For the m- 

 pairing of high ways, there are certain re- 

 gulations by statute; and every inhabitant 



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