HIGHMORE HILARY 723 including the whole of the counties of Caithness, Sutherland, Ross, Cromarty, Inver- ness, and Argyle, parts of Nairn, Elgin, Banff, Aberdeen, Forfar, Perth, Stirling, and Dum- barton, and the Hebrides. They are remarka- ble for their wild and beautiful scenery and the peculiar character of their inhabitants. The mountainous tracts S. and E. of the Clyde are sometimes called the southern highlands. (See SCOTLAND.) For the highlands of the Hudson, see HUDSON RIVEK. H1GHMORE, Joseph, an English anatomist, born at Fordingb ridge, Hampshire, in 1613, died in 1685. He resided at Sherborne in Dorsetshire, where he became eminent in the practice of his profession. His name is con- nected with the triangular cavity in the upper maxillary bone, lined with mucous membrane and communicating by a small opening with the middle passage of the nares, termed the antrum ffighmorianum. He published in 1651 Corporis Humani Disquisitio Anatomica, HIGHWAY, a place over which the public have a right of passage. It may be a footpath, a.bridle path, a cart way, or a road wide enough for vehicles of any kind to pass each other ; and for many purposes there may be a highway over water, whether it be a running stream or a lake. The origin of the word is not certain- ly known ; but a simple derivation refers it to the time when all public roads were raised above the surrounding fields, by the addition of materials, for the purpose of securing a dry road bed. In English law it is usually called the king's highway, because by the theory of that law it was considered as having been originally given by him. In the United States a highway may exist by prescription, or by the dedication of the land to the public use by the owner, which may be expressed or im- plied from long and uninterrupted use by the public. But as highways are to be kept in re- pair by the public, no person can make a high- way over his land by merely opening and sur- rendering it for that purpose, unless it be formally accepted by those having authority to do so ; although this also may be implied from usage and lapse of time. With us, nearly all highways are now laid out by the proper officers ; and, when laid out, they are generally either county roads or town roads. The pub- lic have, by the right of eminent domain, full power to take land for this purpose upon making compensation to the owner. But the public can take only what it needs ; and as it needs for the purpose of a highway only the right of passage, or, as it is called in law, the right of way (which is what the law calls an easement), it leaves the absolute property in the land to the original owner; and should the highway be discontinued, the land would remain in the hands of the owner, free from the easement. Presumptively the abuttors upon a road, by which is meant those who own to it, own to the middle of it, subject to the public right of way. This ownership does not exist if the grant or conveyance to the abuttor expressly and distinctly limited him to the edge of the road ; but merely bounding a piece of land by the road has not this effect, for by the road there is meant the middle or thread of the road. A highway may be dis- continued and the easement lost, either by the express action of competent authority, or by a complete nonuser for a sufficient length of time. The obligation of the public to keep highways in repair is not so far absolute as to give individuals injured by the neglect an ac- tion for damages unless so declared by stat- ute ; but in many of the states such actions are given, either against the town or county ; and in most of the states municipal corpora- tions existing under special charters are held liable to such actions on their implied under- taking with the state to keep their streets in safe condition. HILARION, a saint of the church, born, ac- cording to St. Jerome, near Gaza about 291, died in the island of Cyprus in 371. He was the son of pagan parents, and was sent by them to Alexandria to be educated, where at the age of 15 he became a Christian. Return- ing to Palestine after the death of his parents, he embraced monasticism, gave away his prop- erty, and entered upon a life of austerity. He attracted to his retreat in the Syrian desert crowds of visitors. After the death of St. Anthony, he made with some of his monastic brethren a pilgrimage to the cell and tomb of the saint in Egypt. To escape as well the im- portunities of friends as the persecution of foes, he sailed for Cyprus, where he was soon dis- covered and joined by his disciple Hesychius. Hence he passed to the Dalmatian coast, and finally settled in Cyprus. A vast number of miracles are ascribed to him. His festival, which is kept on Oct. 21, was celebrated as early as the 5th century. HILARY, a pope of Rome, successor of St. Leo I., born in Sardinia, died in 468. From the beginning of his priesthood he had been noted for his zeal for the faith and his hostility to heresy. At the " robber council " of Ephe- sus, in 449, he appeared as the representative of Leo, sustaining the doctrine of the church against the theory of Eutyches. He was chosen to the Roman see in 461. He improved the discipline of the church, confirmed the ana- thema against Nestorius and Eutyches, prohib- ited the long established practice of bishops nominating their successors, forbade men who had been twice married or who had married widows to receive holy orders, held at Rome in 465 a council for reforms, and solemnly ratified the former oscumenical councils. HILARY (HILAEIUS), a saint of the church, born in Poitiers about the year 300, died there in 367 or early in 368. His parents, who were pagans of patrician rank and very wealthy, gave him a careful education. He was of ripe age, distinguished for learning and eloquence, when, with his wife and daughter, he embraced
