ROAD. A passage through the country for the use of the people. 3
2. Roads are public or private. Public roads are laid out by public
author-ity, or dedicated by individuals to public use. The public have the use
of such roads, but the owner of the land over which they are made and the owners
of land bounded on the highway, have, prima facie, a fee in such highway, ad
medium filum vice, subject to the easement in favor of the public. 1 Conn. 193;
11 Conn. 60; 2 John. 357 15 John. 447. But where the boundary excludes the
highway, it is, of course, excluded. 11 Pick. 193. See 13 Mass. 259. The
proprietor of the soil, is therefore entitled to all the fruits which grow by
its side; 16 Mass. 366, 7; and to all the mineral wealth it contains. 1 Rolle,
392, 1. 5; 4 Day, R. 328; 1 Conn'. Rep, 103; 6 Mass. R. 454; 4 Mass, R. 427; 15
Johns. Rep. 447, 583; 2 Johns. R. 357; Com. Dig. Chimin, A 2; 6 Pet. 498; 1
Sumn. 21; 10 Pet. 25; 6 Pick. 57; 6 Mass. 454; 12 Wend. 98.
3. There are public roads, such as turnpikes and railroads, which are
constructed by public authority, or by corporations. These are kept in good
order by the respective companies to which they belong, and persons travelling
on them, with animals and vehicles, are required to pay toll. In general these
companies have only a right of passage over the land, which remains the
property, subject to the easement, of the owner at the time the road was made or
of his heirs or assigns.
4. Private roads are, such as are used for private individuals only, and are
not wanted for the public generally. Sometimes roads of this kind are wanted for
the accommodation of land otherwise enclosed and without access to public roads.
The soil of such roads belongs to the owner of the land over which they are
5. Public roads are kept in repair at the public expense, and private roads
by those who use them. Vide Domain; Way. 13 Mass. 256; 1 Sumn. Rep. 21; 2 Hill.
Ab. c. 7; 1 Pick. R. 122; 2 Mass. R. 127 6 Mass. R. 454; 4 Mass. R. 427; 15
Mass. Rep. 33; 3 Rawle, R. 495; 1 N. H. Rep. 16; 1 M'Cord, R. 67; 1 Conn. R.
103; 2 John. R. 357; 1 John. Rep. 447; 15 John. R. 483; 4 Day, Rep. 330; 2
Bailey, Rep. 271; 1 Burr. 133; 7 B. & Cr. 304; 11 Price R. 736; 7 Taunt. R.
39; Str. 1004. 1 Shepl. R. 250; 5 Conn. Rep. 528; 8 Pick. R. 473; Crabb, R. P.
ROAD, mar. law. A road is defined by Lord Hale to be an open passage
of the sea, which, from the situation of the adjacent land, and its own depth
and wideness, affords a secure place for the common riding and anchoring of
vessels. Hale de Port. Mar. p. 2, c. 2. This word, however, doesnot appear to
have a very definite meaning. 2 Chit. Com. Law, 4, 5.
ROARING. A disease among horses occasioned by the circumstance of the
neck of the windpipe being too narrow for accelerated respiration; the disorder
is frequently produced by sore throat or other topical inflammation.
2. A horse affected with this malady is rendered less serviceable, and he is
therefore unsound. 2 Stark. R. 81; S. C. 3 Engl. Com. Law Rep. 255; 2 Camp. R.
ROBBER. One who commits a robbery. One who feloniously and forcibly
takes goods or money to any value from the person of another by violence or
putting him, in fear.
ROBBERY, crimes. The felonious and forcible taking from the person of
another, goods or money to any value, by violence or putting him in fear. 4 Bl.
Com. 243 1 Bald. 102.
2. By "taking from the person" is meant not only the immediate taking from
his person, but also from his presence when it is done with violence and against
his consent. 1 Hale, P. C. 533; 2 Russ. Crimes, 61. The taking must be by
violence or putting the owner in fear, but both these circumstances need not
concur, for if a man should be knocked down and then robbed while be is
insensible, the offence is still a robbery. 4 Binn. R. 379. And if the party be
put in fear by threats and then robbed, it is not necessary there should be any
3. This offence differs from a larceny from the person in this, that in the
latter, there is no violence, while in the former the crime is incomplete
without an actual or constructive force. Id. Vide 2 Swift's Dig. 298. Prin. Pen.
Law, ch. 22, §4, p. 285; and Carrying away; Invito Domino; Larceny; Taking.
ROD. A measure sixteen feet and a half long; a perch.
ROGATORY, LETTERS. A kind of commission from a judge authorizing and
requesting a judge of another jurisdiction to examine a witness. Vide Letters
ROGUE. A French word, which in that language signifies proud,
arrogant. In some of the ancient English statutes it means an idle, sturdy
beggar, which is its meaning in law. Rogues are usually punished as vagrants.
Although the word rogue is a word of reproach, yet to charge one as a rogue is
not actionable. 5 Binn. 219. See 2 Dev. 162 Hardin, 529.
ROLE D'EQUIPAGE. The list of a ship's crew; the muster roll.
ROLL. A schedule of parchment which may be turned up with the hand in
the form of a pipe or tube. Jacob, L. D. h. t.
2. In carly times, before paper came in common use, parchment was the
substance employed for making records, and, as the art of bookbinding was but
little used, economy suggested as the most convenient mode of adding sheet to
sheet, as were found requisite, and they were tacked together in such manner
that the whole length might be wound up together in the form of spiral
3. Figuratively it signifies the records of a court or office. In
Pennsylvania the master of the rolls was an officer in whose office were
recorded the acts of the legislature. 1 Smith's Laws, 46.
ROOD OF LAND. The fourth part of an acre.
ROOT. That part of a tree or plant under ground from which it draws
most of its nourishment from the earth.
2. When the roots of a tree planted in one man's land extend into that of
another, this circumstance does not give the latter any right to the tree,
though such is the doctrine of the civil law; Dig. 41, 1, 7, 13; but such person
has a right to cut off the roots up to his line. Rolle's R. 394, vide Tree.
3. In a figurative sense, the term root is used to signify the person from
whom one or more others are descended. Vide Descent; Per stirpes.
ROSTER. A list of persons who are in their turn to perform certain
duties, required of them by law. Tytler , on Courts Mart. 93.
ROUBLE. The name of a coin. The rouble of Russia, as money of account,
is deemed and taken at the custom-house, to be of the value of seventy-five
cents. Act March 3, 1843.
ROUT, crim. law. A disturbance of the peace by persons assembled
together with an intention to do a thing, which, if executed, would have made
them rioters, and actually making a motion towards the execution of their
2. It generally agrees in all particulars with a riot, except only in this,
that it may be a complete offence without the execution of the intended
enterprise. Hawk. c. 65, s. 14; 1 Russ. on Cr. 253; 4 Bl. Com. 140; Vin. Abr.
Riots, &c., A 2 Com. Dig. Forcible Entry, D 9.
ROUTOUSLY, pleadings. A technical word properly used in indictments
for a rout as descriptive of the offence. 2 Salk. 593.
ROYAL HONORS. In diploniatic language by this term is understood the
rights enjoyed by every empire or kingdom in Europe, by the pope, the grand
duchies of Germany, and the Germanic, and Swiss confederations, to precedence
over all others who do not enjoy the same rank, with the exclusive right of
sending to other states public ministers of the first rank, as ambassadors,
together with other distinctive titles and ceremonies. Vattel, Law of Nat. B. 2,
c. 3, §38; Wheat. Intern. Law, pt. 2, c. 3, §2.
RUBRIC, civil law. The title or inscription of any law or statute,
because the copyists formerly drew and painted the title of laws and statutes
rubro colore, in red letters. Ayl. Pand. B. 1, t. 8; Diet. do Juris. h. t.
RUDENESS, crim. law. An impolite action; contrary to the usual rules
observed in society, committed by one person against another.
2. This is a relative term which it is difficult to define: those acts which
one friend might do to another, could not be justified by persons altogether
unacquainted persons moving in polished society could not be permitted to do to
each other, what boatmen, hostlers, and such persons might perhaps justify. 2
Hagg. Eccl. R. 73. An act done by a gentleman towards a lady might be considered
rudeness, whicb, if done by one gentleman to another might not be looked upon in
that light. Russ. & Ry. 130.
3. A person who touches another with rudeness is guilty of a battery. (q.
RULE. This is a metaphorical expression borrowed from mechanics. The
rule, in its proper and natural sense, is an instrument by means of which may be
drawn from one point to another, the shortest possible line, which is called a
2. The rule is a means of comparison in the arts to judge whether the line be
straight, as it serves in jurisprudence, to judge whether an action be just or
unjust, it is just or right, when it agrees with the rule, which is the law. It
is unjust and wrong, when it deviates from it. lt is the same with our will or
RULE OF LAW. Rules of law are general maxims, formed by the courts,
who having observed what is common to many particular cases, announce this
conformity by a maxim, which is called a rule; because in doubtful and
unforeseen cases, it is a rule for their decision; it embraces particular cases
within general principles. Toull. Tit. prel. n. 17; 1 Bl. Com. 44; Domat, liv.
prel. t. 1, s. 1 Ram on Judgm. 30; 3 Barn. & Adol. 34; 2 Russ. R. 216, 580,
581; 4 Russ. R. 305; 10 Price's R. 218, 219, 228; 1 Barn. & Cr. 86; 7 Bing.
R. 280; 1 Ld. Raym. 728; 5 T. R. 5; 4 M. & S. 348. See Maxim.
RULE OF COURT. An order made by a court having competent
2. Rules of court are either general or special; the former are the laws by
which the practice of the court is governed; the latter are special orders made
in particular cases.
3. Disobedience to these is punished by giving judgment against the
disobedient party, or by attachment for contempt.
RULE TO SHOW CAUSE. An order made by the court, in a particular case,
upon motion of one of the parties calling upon the other to appear at a
particular time before the court, to show cause, if any he have, why a certain
thing should not be done.
2. This rule is granted generally upon the oath or affirmation of the
applicant; but upon the hearing, the evidence of competent witnesses must be
given to support the rule, and the affidavit of the applicant is
RULE OF THE WAR, l756, comm. law, war. A rule relating to neutrals was
the first rule practically, established in 1756, and universally promulgated,
that "neutrals are not to carry onin times of war, a trade which was interdicted
to them in times of peace." Chit. Law of Nat. 166; 2 Rob. n. 186; 4 Rob. App.;
Reeve on Shipp. 271; 1 Kent, Com. 82; Mann. Law Nat. 196 to 202.
RULE, TERM, English practice. A term rule is in the nature of a day
rule, by which a prisoner is enabled by the terms of one rule, instead of a
daily rule, to quit the prison or its rules for the purpose of transacting his
business. lt is obtained in the same manner as a day rule. See Rules.
TO RULE. This has several meanings: 1. To determine or decide; as, the
court rule the point in favor of the plaintiff. 2. To order by rule; as rule to
RULES, English law. The rules of the King's Bench and Fleet are
certain limits without the actual walls of the prisons, where the prisoner, on
proper security previously given to the marshal of the king's bench, or warden
of the fleet, may reside; those limits are considered, for all legal and
practical purposes, as merely a further extension of the prison walls.
2. The rules or permission to reside without the prison, may be obtained by
any person not committed criminally; 2 Str. R. 845; nor for contempt Id. 817; by
satisfying the marshal or warden of the security with which he may grant such
RULES OF PRACTICE. Certain orders made by the courts for the purpose
of regulating the practice of members of the bar and others.
2. Every court of record has an inherent power to make rules for the
transaction of its business; which rules they may from time to time change,
alter, rescind or repeal. While they are in force they must be applied to all
cases which fall within them; they can use no discretion, unless such discretion
is authorized by the rules themselves. Rules of court cannot, of course,
contra-vene the constitution or the law of the land. 3 Pick. R. 512; 2 Har.
& John. 79; 1 Pet. S. C. R. 604; 3 Binn. 227, 417; 3 S. & R. 253; 8 S.
& R. 336; 2 Misso. R. 98; 11 S. & R. 131; 5 Pick. R. 187.
RUMOR. A general public report of certain things, without any
certainty as to their truth.
2. In general, rumor cannot be received in evidence, but when the question is
whether such rumor existed, and not its truth or falsehood, then evidence of it
may be given.
RUNCINUS. A nag. 1 Tho. Co. Litt. 471.
RUNNING DAYS. In settling the lay days, (q. v.) or the days of
demiurrage, (q. v.) the contract sometimes specifies "running days;" by this
exprression is, in general, understood, that the days shall be reckoned like the
days in a bill of exchange 1 Bell's Comm. 577, 5th ed.
RUNNING OF THE STATUTE OF LIMITATIONS. A metaphorical expression, by
which is meant that the time mentioned in the statute of limitations is
considered as passing. 1 Bouv. Inst. n. 861.
RUNNING WITH THE LAND. A technical expression applied to covenants
real, which affect the land; and if a lessee covenants that he and his assigns
will repair the house demised, or pay a ground-rent, and the lessee grants over
the term, and the assignee does not repair the house or pay the ground-rent, an
action lies against the assignee at common law, because this covenant runs with
the land. Bro. Covenant, 32 Rolle's Ab. 522; Bac. Ab. Covenant, E 4.
2. The same principle which regulates the annexation of incorporeal to
corporeal property, determines what covenants may be annexed to a tenure. Those
alone which tend directly, not merely through the intervention of collateral
causes, to improve the estate, give stability to the tenant's title, assure him,
from a defective one, or add to the lord's means on the one hand, the tenant's
on the other, of enforcing the stipulations between them, are of this sort. Cro.
Eliz. 617; Cro. Jac. 125; 2 H. Bl. 133 T. Jones, 144; Cro. Car. 137, 503.
3. Covenants running with the land pass with the tenure, though not made with
assigns. The parties to them are not A and B, but the tenant and the landlord in
those characters. When the landlord assigns the reversion, the assignee becomes
lord in his room, fills the precise situation and character the assignor was
clothed with, and is therefore entitled to the privileges annexed to that
character. Whether the tenant is sued by the landlord or his assigns, be is sued
by the same person, namely, his lord. The same argument, changing its terms,
applies to the tenant's assignee. 5 Co. 24; Cro. Eliz. 552; 3 Mod. 538; 10 Mod.
152; 12 Mod. 371.
4. To make a covenant run with the land, it is not requisite that the
cove-nantor should be possessed of any estate; be may be an entire stranger to
the land, but the covenantee must have some transferable interest in it, to
which the covenant can attach itself, for otherwise the covenant is merely
personal. Co. Litt. 385 a; 3 T. R. 393; 2 Sc. 630 2 Bing. N. S. 411. And to make
the assignee liable, he must take the estate the covenantee had in the land, and
no other, for when he takes another and a different estate in the same land, he
cannot sue upon the covenants. 6 East, 289. Vide Breach; Covenant.
5. A covenant running with the land passes to the heir at law, on the death
of the ancestor, whether the heir be named in such covenant or not. 2 Lev. 92; 2
Saund. 367 a. Vide Covenant.
RUPEE, comm. law. A denomination of money in Bengal. In the
computation of ad valorem duties, it is valued at fifty-five and one half cents.
Act of March 2, 1799, s. 61; 1 Story's L. U. S. 627. Vide Foreign coins.
2. The rupee of British India as money of account at the custom-house, shall
be deemed and taken to be of the value of forty-four and one half cents. Act of
March 3, 1848.
RURAL. That which relates to the country, as rural servitudes. See
RUSE DE GUERRE. Literally a trick in war; a stratagem. It is said to
be lawful among belligerents, provided it does not involve treachery and
falsehood. Grot. Droit de la Guerre, liv. 3, c. 1, §9.
RUTA, civ. law. The name given to those things which are extracted or
taken from land, as sand, chalk, coal, and such other things. Poth. Pand. liv.
50, h. t.