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THE CRIMINAL LAW.
PRECEDENTS OF INDICTMENTS,
WITH COMPREHENSIVE NOTES ON EACH PARTICULAR
JUDGMENT, AND PUNISHMENT.
Printed by A. J. Valpy, Tooke's Court, Chancery Lune,
Law Library University of Chicag
FOR OFFENCES AGAINST PUBLIC POLICE
INDICTMENTS, &c. FOR NOT REPAIRING HIGHWAYS.
PRELIMINARY NOTES. (a)
OF the offence. As the offence of suffering highways to continue of the offence. unrepaired consists in a mere nonfeasance, to determine in what cases it exists, it will only be necessary to enquire what are considered as public ways in respect of which an indictment may be supported, and who are the parties bound to repair them.
Ways are of three kinds, first a footway, called in Latin iter; secondly a pack and prime way, or road for foot passengers and horses, termed actus; and thirdly a road for carriages, horses and men, which is denominated via, or aditus, and includes both the former, Co. Lit. 56. Hawk. b. 1. c. 76. 9. 1. The term way signifies in legal acceptation merely the surface of the ground over which the king's subjects have a right to pass, and does not include
(a) On this subject, in general, Highways. 2 Saund. 157 to 162, see Hawk. b. 1. c. 76. per totum. with notes. Williams, J. HighBac. Abr. Highways. Burn, J. ways. Dick. J. Highways. Crim. Law. VOL. III.