he gutters or the turf and
loam of the roadside upon the road-bed. Perhaps this kind of
repairing is better than none in many localities; but as
civilization advances and the true principles of road-making become
better known, after the foundation of a road-bed has been properly
established, nothing but good road material will ever be put upon
it, and this will be put there from time to time as needed to keep
up a continual good condition of the road.

CHAPTER V.

LAWS RELATING TO THE LAYING OUT OF WAYS.

New roads are not often required now to reach and develop new tracts
of land, except in large towns and cities; but they are frequently
needed to shorten distances and to improve grades. Consequently the
laws relative to the laying out, maintenance, and use of highways
are of personal interest to every citizen, and many are also
interested in the laws relating to private ways.

The public have a right to lay out ways for purposes of business,
amusement, or recreation, as to markets, to public parks or commons,
to places of historic interest or beautiful natural scenery.[1] And
such ways may be established by prescription, by dedication, or by
the acts of the proper public authorities. Twenty years'
uninterrupted use by the public will make a prescriptive highway.
Many of the old roads in our towns and cities have become public
thoroughfares by prescriptive use, which began in colonial days, and
perhaps then followed Indian trails, or were first used as
bridle-paths.

[1] 11 Allen, 530.

When the owner in fee of land gives to the public a right of passage
and repassage over it, and his gift is accepted by the public, the
land thus travelled over becomes a way by dedication. The dedication
may be made by the writing, the declaration, or by the acts of the
owner. It must, however, clearly appear that he intended and has
made the dedication; and when it has been accepted by the public it
is irrevocable. Formerly it could be accepted by the public by use,
or by some act or circumstance showing the town's assent and
acquiescence in such dedication; but now no city or town is
chargeable for such dedicated way until it has been laid out and
established in the manner provided by the statutes.[2] It was
formerly thought that this act applied to prescriptive ways as well
as to dedicated ways; but it is now settled that it applies only to
ways by dedication, and ways by prescription are not affected by
it.[