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We do not know a case in Wisconsin or Illinois, where a surveyor has adopted this method. They run their lines at right angles to the adjacent section lines, which many of them take for a due East and West, or North and South line, as required by the act of Congress, passed 1805.

The accretion b, a, n, in our opinion, would belong to him who owns front a h. There is a similar case to this pending for some time in Chicago, where some claim that the water front a, r, b, d should be divided; others claim that only b to d, as the part a, b, n may be washed away, by the same agent which has made it.

"Where land is bounded by water, and allusions are gradually formed, the owner shall still hold to the same boundary, including the accumulated soil. Every proprietor whose land is thus bounded, is subject to a loss by the same means that may add to his territory, and as he is without remedy for his loss in this way, he cannot be held accountable for his gain." New Orleans v. United States, laid down as a fundamental law by Judge Drummond, Oct. 1858, in his charge to the jury in the Chicago sand bar case.

When the river or stream changes its course. If it changes suddenly from being between A and B, to be entirely on B, then the whole river belongs to B. But if the recession of a stream or lake be gradual or imperceptible, then the boundary between A and B will be on the water, as if no recession had taken place. 2 Blackstone, Com. 262; 1 Hawkes, North Carolina R. 56.

When a stream suddenly causes A's soil to be joined to B's, A has a right to recover it, by directing the river in its original channel, or by taking back the earth in scows, etc., before the soil so added becomes firmly incorporated with B's land. 2 Blackstone Com. 262.


309d. Highway is a public road, which every citizen has a right to use. 3 Kent Comm. 32. It has been discussed in several States, whether streets in towns and cities are highways; but the general opinion is that they are. Hobbs v. Lowell, 19 Pick. Mass. Rep. 405; City of Cincinnati v. White, 8 Peters, U. S: Rep. 431. A street or highway ending on a river or sea, cannot be "blocked up" so as to prevent public access to the water. Woodyer v. Hadden, 5 Taunton R. 125.

When a road leads between the land of A and B, and that the road becomes temporarily or unexpectedly impassable, the public has a right to go on the adjoining laud. Absor v. French, 2 Show, 28; Campbell v. Race, 7 Cushing, Mass. Rep. 411.

Width of public highways is four rods, if nothing to the contrary is specified, or unless by user for twenty years, the width has been less. Horlan v. Harriston, 6 Cow 189.

Twenty years uninterrupted user of a highway is prima facie evidence of a prescriptive right. 1 Saund., 323 a, 10 East 476.

Unenclosed lands adjoining a highway, may be travelled on by the public. Cleveland v. Cleveland, 12 Wend. 376.

Owners of the land adjoining a public highway, own the fee in the road, unless the contrary is expressed. The public having only an easement in it. When the road is vacated, it reverts to the original owners. Comyn digest Dig. tit. Chemin A 2; Chatham v. Brand, 11 Conn. R. 60; Kennedy v. Jones, 11 Alabama R. 63; Jackson v. Hathaway, 15 Johnson's Rep. 947.

A road is dedicated to the public, when the owners put a map on record showing the lots, streets, roads or alleys. Manly et al v. Gibson, 13 Illinois, 308.

In Illinois the courts have decided, that in the county the owners of land adjoining a road have the fee to the centre of it, and that they have only granted an easement, or right to pass over it, to the public. Country roads are styled highways. In incorporated towns and cities, roads are denominated streets, the fecs of which are in the corporations or city authorities. The original owner has no further control over that part of his land. Huntley v. Middleton, 13 Illinois, 54.

In Chicago, however, the adjacent owners build cellars under the streets, and the corporation rents the ends of unbridged streets on the river, for dock purposes. Where streets are vacated, they revert to the original owners, as in other States. The adjacent owners must grade the streets and build the sidewalks, yet by the above decision they have no claim to the fee therein. It appears strange that Archer road outside the city limits is a highway, and inside the limits, is a street. The road outside and inside is the same. Part of that now inside, was in January, 1863, outside; consequently, what is now a street, was 10 months ago a highway. Then, the fee in the road was in the adjacent owners, now by the above decision, it is in the corporation. It seems difficult to determine the point where a highway becomes a street, and vice versa.

Footpaths. Cul-de-sac are thoroughfares leading from one road to another, or from one road to a church or buildings. The latter is termed a cul-de-sac. These, if used as a highway for 20 years, become a highway. Wellbeloved on Highways, page 10. See Angel on Highways, sec. 29.

A cannot claim a way over B's land.

A cannot claim a way from his land through B's; but may claim a way from one part of his land to another part thereof, through B's, that is when A's land is on both sides of B's. Cruises' English Digest, vol. 3, p. 122.

If A sells part of his land to E, which is surrounded on all sides by A's, or partly by A's and others, a right of way necessarily passes to B. 2 Roll's Abridgment, Co. P. L. 17, 18.

If A owned 4 fields, the 3 outer ones enclosing the fourth, if he sells the outer three, he has still a right of way into the fourth. Cruise, vol. 3, p. 124; but he cannot go beyond this enclosure. Ibid, 126. When a right of way has been extinguished by unity of possessions, it may be revived by severance. Ibid, p. 129.

Boundaries on highways, when expressed as bounded by a highway, it means that the fee to the centre of the road is conveyed. 3 Kent Comm. 433.

Exceptions to this rule are found in Canal Trustees v. Haven, 11 Illinois R. 554, where it is affirmed that the owner cannot claim but the extent

of his lot.

By, on, or along, includes the middle of the road. 2 Metcalf, Mass. R.


By the line of, by the margin of, by the side of, does not include the fee to any part of the road. 15 Johnson, N. Y. R. 447.

The town that suffers its highways to be out of repair, or the party who obstructs the same, is answerable to the public by indictment, but not to an individual, unless he suffers damage by reason thereof in his person or property. Smith v. Smith, 2 Pick. Mass. Rep. 621; Forman v. Concord, 2 New Hampshire Rep. 292. Individuals and private corporations are likewise liable to pay damages. 6 Johnson, N. Y. Rep. 90.

Lord Ellenborough says two things must concur to support this action; an obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff. Butterfield v. Forrester, 11 East. Rep. 60.

Towns, or corporations, are primarily liable for injuries, caused by an individual placing an obstruction in the highway. The town may be indemnified for the same amount. In Massachusetts the town or corporation is liable to double damages after reasonable notice of the defects had been given, but they can recover of the individual causing it but the single amount. Merrill v. Hampden, 26 Maine Rep. 224; Howard v. Bridgewater, 16 Pick, Mass. Rep. 189; Lowell v. Boston and Lowell Railroad corporation, 23 Pick. Mass. R. 24.

By the extension of a straight line, is to be understood, that it is produced or continued in a straight line. Woodyer v. Hadden, 5 Faunl. Rep. 125. Plankroads, if made on a highway, continue to be highways, the public have the right to pass over them, by paying toll. Angel on Highways, sec. 14.

The Court has the jurisdiction to restrain any unauthorized appropriation of the public property to private uses; which may amount to a public nuisance, or may endanger, or injuriously affect the public interest. Where officers, acting under oath, are intrusted with the protection of such property, private persons are not allowed to interfere. 6 Paige, Chancery Rep. 133.

Railroads may be a public nuisance, when their rails are allowed to be 2 to 3 inches above the level of the streets, as now in Chicago,--thereby requiring an additional force to overcome the resistance. See Manual, 319e, where it has been shown, that the rail was 3 inches above the level of the street, and required a force of 969 pounds to overcome the resistance. This state of things would evidently be a public injury, and be sufficient reasons to prevent a recurrence of it in any place where it had previously existed. It may be a private injury, when the track is so near a man's sidewalk, as to prevent a team standing there for a reasonable time to load or unload.

When a road is dedicated to the public at the time of making a town plat or map, it is held that the street must have the recorded width though the adjoining lots should fall short, because the street has been first conveyed.

When a new street is made, the expense is borne by the adjacent owners or parties benefitted. Subsequent improvements are usually made by a general city or town tax; sometimes by the adjacent owners-the city paying for intersections of streets and sidewalks. In February, 1864, Judges Wilson and Van Higgins, of the Cook County (Illinois) Superior Court, decided that a lot cannot be taxed for more than the actual increase in its value, caused by the improvement in front thereof.


NOTE.-All new matter introduced is in italics or enclosed in paren

thesis. 309e. The intention of the General Valuation Act was, that a valuation of the lands of Ireland, made at distant times and places, should have a relative value, ascertained on the basis of the prices of agricultural produce, and that though made at distant periods, should be the same. The 11th section of the Act, quoted below, gives the standard prices of agricultural produce, according to which the uniform value of any tenement is to be ascertained, and all valuations made as if these prices were the same, at the time of making the valuation.

309f. Act 15 and 16 Victoria, Cap. 63, Sec. XI.-Each tenement or rateable hereditament shall be separately valued, taking for basis the net annual value thereof with reference to prices of agricultural produce hereinafter specified; all peculiar local circumstances in each case to be taken into consideration, and all rates, taxes and public charges, if any, (except tithes) being paid by the tenant.

NOTE. (The articles in italics are not in the above section, but inserted so as to extend the system as much as possible to America and other places.)

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To find the price of live weights.-Deduct one-third for beef and mutton, and one-fifth for pork.

Houses and Buildings shall be valued upon the annual estimated rent which may be reasonably expected from year to year, the tenant paying all incidental charges, except tithes.

Sections 12 to 16, inclusive, of the act, treat of the kind of properties to be valued.

309g. Lands and Buildings used for scientific, charitable or other public purposes, are valued at half their annual value, all improvements and mines opened during seven years; all commons, rights of fishing, canals, navigations and rights of navigation, railways and tramways; all right of way and easement over land; all mills and buildings built for manufacturing purposes, together with all water power thereof. But the valuation does not extend to the valuation of machinery in such buildings. A tenement is any rateable hereditament held for a term of not less than

one year.

Every rateable tenement shall be separately valued.

The map

The valuator shall have a map showing the correct boundary of each tenement, which shall be marked or numbered for references. shall show if half streets, roads or rivers are included.

The Field Book is to contain a full description of every tenement in the townland (or township), the names of the owners and occupiers, together with references to the corresponding numbers on the plan or map. The book to be headed with the name of the county, parish (or township), each townland (or section).

Gentlemen of property, learning, or the law, should have "Esquire" attached to their names.

Land, is ground used for agricultural purposes.

Houses and Offices, are buildings used for residences.

Other tenements, such as brickfield, brewery, &c.

To determine the value of land, particular attention must be paid to its geological and geographical position, so far as may be necessary to develope the natural and relative power of the soil.



Examine the soil and subsoil by digging it up, in order to ascertain its natural capabilities; for if guided by the appearance of the crops, the valuator may put too high a price on bad land highly manured. This would be unjust, as it is the intrinsic and not the temporary value which is to be determined.

To obtain an average value, where the soil differs considerably in short distances; examine and price each tract separately, and take the mean price.

The value of soil depends on its composition and subsoil.

Subsoil may be considered the regulator or governor of the powers of the soil, for the nature of its composition considerably retards or promotes vegetation.

In porous or sandy soil, the necessary nutriment for plants is washed away, or absorbed below the roots of the plants.

In clayey soils, the subsoil is impervious, the active or surface soil is cold and late, and produces aquatic plants. Hence appears the necessity of strict attention to the subsoil.

Soils are compounded of organic and inorganic matter: the former derived from the disintegration and decomposition of rocks. The proportion

in which they are combined is of the utmost importance.

A good soil may contain six to ten per cent. of organic matter; the remainder should have its greater portion silica; the lesser alumina, lime, potash, soda, &c.-(See tables of analysis at the end of these instructions.)

Soils vary considerably in relation to the physical aspect; thus in mountain or hilly districts, where the rocks are exposed to atmospherical influence, the soils of the valleys consist of the disintegrated substance of the rocks, whilst that of the plains is composed of drifted materials, foreign to the subjacent rock. In the former case the soil is characterised by the locality; in the latter it is not.

By reference to the Geological Map of Ireland, it will be seen that the mountain soil is referable to the granite, schistose rocks and sandstone.

The fertility of the soil is to some extent dependent on the proportion or combinations which exist between the component minerals of the rocks from which it may have been formed; thus granite in which feldspar is in excess when disintegrated, usually forms a deep and easily improved soil, whilst that in which it is deficient will be comparatively unproductive.

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