Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...to public squares, common lots, burying grounds, school lots, and lots for church purposes and pious and charitable uses generally, and in many cases where the use was, either expressly or from the necessity of the case, limited to a small portion of the public. But we are referred to no decision, and we think none can be found, where a dedication of this character, made for any other purpose than one strictly public, has been sustained."2 Though a railroad corporation is charged with public duties, its property is private property, acquired for the purposes of a private enterprise. "The corporation, for its own profit and advantage, accepts the franchises offered by the State, and assumes to perform the functions and duties required by the State, but with its own property. The ownership of the property is private, though the use required to be made of it is public. The private ownership prevents the acquisition of it by dedication." 3 A dedication cannot be made to a part only of the public, as, for instance, to a parish.4 A permission to a certain part of the public to use a way is a license and not a dedication.5 It is not necessary that all the public should actually use a way to constitute it a public highway, but only that its use should be open to the public in general.6 444. A dedication can only be made by the owner of the land in fee.7 A mortgagor as against the mortgagee and those claiming nnder him cannot make a valid dedication, although the mortgagor is the owner as to all other persons, and they cannot object to his dedication. The mortgagee may make the dedication good by assenting to it.1 One in the actual possession and occupancy of land, but not owning the legal title, cannot make an effectual...
