belong to her shall be disposed of, and my said trustees are hereby required to carry out the directions of such appointment as she may make.

I hereby direct and request that my said executors and trustees shall be exempt from giving sureties upon their official bonds, and I also provide that they shall be liable only, each for himself, for actual fraud, or such negligence as occasions the loss of property or estate.

In testimony whereof, I hereto set my hand, this 11th day of June, A. D. 1869.

MINER HOLCOMB.

On this 11th day of June, A. D. 1869, the said Miner Holcomb signed the foregoing instrument in our presence, declaring it to be his last will; and as witnesses thereof we have in his presence, and in the presence of each other, hereto subscribed

our names.

HENRY E. TAINTOR,

40 Church St., Hartford, THEODORE LYMAN,

Myrtle St., Hartford,

REESE B. GWILLIM,

Cor. Trumbull and Pratt Sts., Hartford.

3. FORM FOR CODICIL.

I, Miner Holcomb of New Britain, make this codicil to my last will and testament made and published by me, and dated the 11th day of June, A. D. 1869, which will I ratify and confirm in all respects, except as the same shall be changed hereby.

Whereas, by my will I gave my real estate (except that given to my wife) to my son James, together with certain personal estate, and whereas my said son has since died, without issue and unmarried: now I hereby revoke said devise, and bequeath the personal property, so devised, to

my said wife, and the real estate to the persons named in my said will as executors and trustees, to be held by them to and upon the uses and trusts named in said will, and precisely in the same manner, and to the same uses, as if it had been included in the original devise to them.

In testimony whereof, I hereto set my hand, this 30th day of July, A. D. 1869.

MINER HOLCOMB.

Signed and published by the said Miner Holcomb, as a codicil to his last will and testament, in our presence, and we in his presence and in the presence of each other have at his request hereto subscribed our names as witnesses.

EZRA HALL,

United States Hotel, Hartford,

GEO. H. BURDICK,

333 Main St., Hartford,

F. A. CHAMBERLIN,

9 Hills Block, Hartford.

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CHAPTER XXXIX.

OF HIGHWAYS, AND THE LAWS REGULATING THEIR USE.

PUBLIC ways consist of town ways and highways. Town ways are those laid out by a town, nominally for the use of the inhabitants: but they are not confined to this use, as the real utility and advantage of a road, even to the inhabitants of a town, may consist less in its being used by the citizens, than in facilitating the intercourse of strangers with them.

Highways are those in which the citizens generally have a right to pass. They are laid out and supported, upon grounds of public convenience and necessity, by officers entrusted with that power. Their care and control is subject mainly to statute regulation, and the laws of the different States in their details will not be given here, as they can be easily referred to by those who desire information so entirely local.

By the location of a highway, (or a town way,) over the land of any person, the public acquire an easement: but the soil, and the fee of the land, remain in the owner, who may put the land to any use, and derive from it any profit, not inconsistent with the easement. Thus, he may depasture the grass, (subject to local regulations as to cattle, &c., in the highways,) or use the portion below the surface for sewerage, if not needed by the public. If the road is at any time discontinued, he will hold the land free of incumbrance. We have seen that no man can be deprived of his land or other property by an adverse appropriation to public uses, without being paid therefor just and reasonable compensation. Where the public convenience and necessity require

its appropriation, it may be taken, subject to such provision for compensation.

The public convenience and necessity must be sufficient to warrant such an appropriation at the public expense; and where that is not the case, a highway cannot properly be laid out, upon the ground that individuals, who are specially interested, have agreed personally to contribute. Such an agreement, however, will not invalidate the proceedings, unless they were founded on that basis and the public use was only colorable.

The repair of highways is usually imposed upon towns, and they are made subject to indictment if they are not kept in a reasonable condition for the accommodation of the public travel, and are also made liable, by statute provisions, for any damage arising to any one in his person or estate, from injuries received or happening in consequence of a neglect of this duty, provided they have had reasonable notice or knowledge of the want of repair, or, in some cases, provided it has existed a specified time, usually twenty-four hours. In some of the States, double damages are recovered, by way of remuneration and also of penalty. No person can recover, however, unless the damage arose without his fault, and he must allege and prove ordinary care.

The law of the road prescribes the manner in which roads. shall be used. This is sometimes expressed in the statutes, and sometimes is to be learned from the principles of the common law which are applicable to the subject. It is the duty of all persons, who are travelling upon public ways, to observe the established usage, or law of the road, in meeting and passing other teams. In England, the custom is, to keep to the left, while in the United States, it is to keep to the right in passing. At common law, if a carriage, coming in any direction, leave sufficient room for any other carriage to pass upon its proper side of the way, it is a sufficient compliance with the law of the road: but, by the statutes of several of the States, whenever persons, travelling with carriages or vehicles of transportation, shall meet on any public way, they are required seasonably to turn their carriages to

the right of the centre of the road, so far as to permit such carriages to pass without interruption. Each party is thereby compelled to keep to the right of the centre, though it may be much more difficult for one than for the other. The "centre" is not necessarily to be measured and calculated with reference to the smooth or most travelled portion, but is to be the centre of the worked part.

Of course, when the road is clear of vehicles, a party may drive where he pleases, and the rule is not to be so construed as to prevent a party from driving on to the left hand side of the road for the purposes of his convenience, as to call at a dwelling or store, or to enter upon the adjoining land: but, while so doing, he should exercise all proper care, to prevent collisions with teams properly and rightfully in the use of that side of the road.

In case of collision on a public road, the party driving on the wrong side must answer for the damages, unless the other party, by want of ordinary care, also contributed to produce the injury. But a party may not, because one is driving on the wrong side of the road, wilfully, or even carelessly and negligently, drive into his vehicle. A foot passenger on the road has a right of way and of crossing, and a person driving a carriage must exercise care, to avoid driving against him, and if he does not, and the foot person is injured, he may recover his damages. It is said to be no excuse if the driving lines break, and that such an accident will not excuse; for a party is bound to have his harness of sufficient strength. But this, probably, would depend upon the special circumstances of each case. For example: if a man who is driving a horse ordinarily gentle and easily managed, with reins amply sufficient for any emergency to which he has ever known the horse to be exposed, and for every ordinary occasion, meets an elephant or other unexpected and unusual object of terror, and the horse, being frightened, breaks away from all control and, the lines giving way, becomes unmanageable, and runs over and injures a foot person, the owner or driver of the horse would probably not be held responsible.