KFLCC Kingdom Law 2nd Ed.

571

HIGHWAY

HIDALGUIA

ders) to the following cases: All causes and matters assigned by the judicature acts to the king's bench, or the probate, divorce, and admiralty divisions; all actions of debt, contract, or tort; and in almost all causes and matters assigned by the acts to the chancery division in which the amount in litigation is under £1,000. The higher scale applies in all other causes and matters, and also in actions falling under one of the above classes, but in which the principal relief sought to be obtained Is an injunction. Sweet, HIGHNESS. A title of honor given to princes. The kings of England, before the time of James I., were not usually saluted with the title of "Majesty," but with that of "Highness." The children of crowned heads generally receive the style of "Highness." Wharton. HIGHWAY. A free and public road, way, or street; one which every person has the right to use. Abbott v. Duluth (C. C.) 104 Fed. 837; Shelby County Com'rs v.Cas tetter, 7 Ind. App. 309, 33 N. E. 986; State v. Cowan, 29 N. C. 248; In re City of New York, 135 N. Y. 253,31 N. E. 1043, 31Am. St Rep. 825; Parsons v. San Francisco, 23 Cal. 464. "In all counties of this state, public high ways are roads, streets, alleys, lanes, courts, places, trails, and bridges, laid out or erected, as such by the public, or, if laid out and erected by others, dedicated or abandoned to the public, or made such in actions for the partition of real property." Pol. Code Cal. § 2618. There is a difference in the shade of meaning conveyed by two uses of the word. Sometimes it signifies right of free passage, in the ab stract, not importing anything about the char acter or construction of the way. Thus, a river is called a "highway;" and it has been not unusual for congress, in granting a privilege of building a bridge, to declare that it shall be a public highway. Again, it has reference to some system of law authorizing the taking a strip of land, and preparing and devoting it to the use of travelers. In this use it imports a road-way upon the soil, constructed undeV the authority of these laws. Abbott. —Commissioners of highways. Public of ficers appointed in ,the several counties and municipalities, in many states, to take charge of the opening, altering, repair, and vacating of highways within their respective jurisdic tions.—Common highway. By this term is meant a road to be used by the community at large for any purpose of transit or traffic. Ham. N. P. 239; Railway Co. v. State, 23 Fla. 546, 3 South. 158, 11 Am. St. Rep. 395. —Highway acts, or laws. The body or sys* tern of laws governing the laying out. repair, and use of highways —High-way crossing. A place where the track of a railroad crosses the line of a highway—Highway-rate. In Eng lish law A tax for the maintenance and re pair of highways, chargeable upon the same property that is liable to the poor-rato —High way robhery. See ROBBERY.—Highway tax. A tax for and applicable to thp making and repair of highways. Stone v. Bean, 15 Gray (Mass.) 44.

good situations in life, (de buenos and possessed of property, (algo.)

lugures,) White,

New Recop. b. 1, tit. 5, c. 1.

HTDALGTJIA. In Spanish law. Nobility by descent or lineage. White, New Recop. b. 1, tit. 5, c. 3, § 4. HIDE. In old English law. A measure of land, being as much as could be worked with one plow. It is variously estimated at from 60 to 100 acres, but was probably de termined by local usage. Another meaning was as much land as would support one family or the dwellers in a mansion-house. Also a house; a dwelling-house. —Hide and gain. In English law. A term anciently applied to arable land. Go. Litt. 856. —Hide lands. In Saxon law. Lands belong ing to a hide; that is, a house or mansion. Spelman. HIDEL. In old English law. A place of protection; a sanctuary. S t 1 Hen. VII. cc. 5, 6; Cowell. HIDGILD. A sum of money paid by a villein or servant to save himself from a whipping. Fleta, 1. 1, c. 47, § 20. Originally, government by a body of priests. Now, the body of offi cers In any church or ecclesiastical institu tion, considered as forming an ascending series of ranks or degrees of power and au thority, with the correlative subjection, each to the one next above. Derivatively, any body of men, taken in their public capacity, and considered as forming a chain of powers, as above described. This term, as used in various compound legal phrases, is sometimes merely an addition of dignity, not importing a com parison ; but more generally it means exalt ed, either in rank or location, or occupying a position of superiority, and in a few in stances it implies superiority in respect to importance, size, or frequency or publicity of use, e. g., "high seas," "highway." As to high "Bailiff," "Constable," "Crimes," "Justice," "Justiciar," "School," "Sea," "Sher iff," "Treason," and "Water-Mark," see those titles. -—High commission court. See COURTOF HIGH COMMISSION.—High conrt of admi ral ty. See COURT OP ADMIRALTY.—High court of delegates. See COURT OF DELE GATES.—High court of errors and appeals. See COURT OP ERRORS AND APPEALS.—High court of justice. See SUPREME COURT OP JUDICATURE.—High court of parliament. See PARLIAMENT. HIGHER AND LOWER SCALE. In the practice of the English supreme court of judicature there are two scales regulating the fees of the court and the fees which solicitors are entitled to charge. The lower scale applies (unless the court otherwise or HIERARCHY. HIGH.