HIG 
the Supreme Deity by a serpent, with the 
head of a hawk. The hawk itself was the 
hieroglyphic of Osiris ; the river-horse, of 
Typhon ; the dog, of Mercury ; the cat, of 
the moon, or Diana ; the beetle, of a cou- 
rageous warrior ; a new-born child, of the 
rising sun ; and the like. 
Hieroglyphics. SeeWRiTiNG, originof. 
HIGHWAY, a public passage for the 
kmg'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 sub- 
jects, and through which they might pass 
without any toll, unless there were a parti- 
cular consideration for it. All others which 
we have at this day are supposed to have 
been made through the grounds of private 
persons, on writs of ad quod dammum, &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 a cartway, which 
contains the other two. But notwithstand- 
ing these distinctions, it seems that any one 
of these ways which is common to all the 
king’s subjects ; whether it lead directly to 
a market town, or only from town to town,. 
may properly be called an highway, and 
that any such cartway may be called the 
king’s highway. A river, common to all men, 
may also be called the king’s highway; and 
that nuisances in any such ways are punish- 
able by indictment ; otherwise they would 
not be punished at all; for they are not ac- 
tionable unless they cause a special damage 
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 highway in an 
open field, such outlets are parcels 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 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 enclosed, next adjoining to the 
highway, incloses his lands on both sides 
HIG 
thereof; in which case he is bound to make 
a jaerfect 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 defec- 
tive; because, before the inclosure, 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 
inclosure has deprived them of. Particular 
persons may be bound to repair an highway 
by prescription. But in all cases, whether a 
private person be bound to repair an high- 
way by inclosure or prescription, the parish 
cannot take the advantage of it on the 
general issue, but must plead it specially ; 
and, therefore, if to an indictment 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 highway, but does not go to the 
right of reparation. 
At common law, it is said that all the 
country ought to mate good the reparations 
. 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 punish- 
ed for their decay; and, if any do injury to, 
or straighten the highway, he is punishable’ 
in the King’s Bench, or before the justices 
of peace in the court leet, Ac. Destroying 
any public turnpike-gate, or the rails or 
fences thereto belbnging, subjects the offen- 
der to hard labour for three months, and to 
be publicly whipped. 1 Geo. II. e. 19. 
On conviction at the assizes, 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 transported 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. 35. 
Every justice of the peace, by the sta- 
tute, upon his own view, or on oath made 
to him by the surveyor, may make present- 
ment of roads being out of repair ; and, 
thereupon, like process shall be issued as up- 
on indictment. For the repairing of highways, 
there are certain regulations, by statute ; and 
every inhabitant of a parish is bound to per- 
.fm-m certain duties for that purpose. 
HIGH water, that state of the tides, 
when they have flowed to the greatest 
height, or have ceased to flow. It is high- 
water several minutes, as many as between 
15 and 30, before it begins to ebb again. 
