WITH COMPREHENSIVE NOTES ON EACH PARTICULAR OFFENCE, PHILADELPHIA: PUBLISHED BY EDWARD EARLE, CORNER OF FOURTH AND LIBRARY STREETS. William Brown, Printer. 1819. CHAPTER XIII. INDICTMENTS, &c. FOR OFFENCES AGAINST PUBLIC POLICE INDICTMENTS, &c. for not REPAIRING HIGHWAYS. PRELIMINARY NOTES. (a) Of the offence. As the offence of suffering highways to [565] continue unrepaired consists in a mere nonfeasance, to de- of the of termine in what cases it exists, it will only be necessary to fence. 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. s. 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 the fences [*566] on either side, 2 Term. Rep. 232, 234. Rol. Abr. 392. A common street and a king's highway, though formerly distinguished, are now equally public, 1 Stra. 44. Any of (a) On this subject, in general, see Hawk. b. 1. c. 76. per totum. Bac. Abr. Highways. Burn, J. Crim. Law. Highways. 2 Saund. 157 to 162, A |