Page:Black's Law Dictionary (Second Edition).djvu/1051

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ROAD

County, 10 Iowa, 175: Com. v. G:-unmons, 2! rich. (Mass) 202; Hutson v. New York, 6 Saudi’. (IN. Y.) 312; Stedman v. South- brldge, 17 Pick. (Mass) 164; Hornet v. State, 49 Md. 2853; Northwestern Tel. Exch. Co. V. Minneapolis, 81 Minn. 140, 86 N. W’. 69. 53 I. R. A. 175: Hort v. Town of Red Cedar, 63 Wis. 63-1. 2-1 N. W. 4.10.

In maritime law. An open passage of the sea that receiies its denomination common- ly from some part adjacent, which, though it lie out at sea. yet, in respect of the situation of the land adjacent, and the depth and wideiiess or the place, is a safe place for the common riding or anchoring of ships; as Dover road, Kirkley road, etc. Hale de Jurs Mar. pt. 2. c. 2.

--Law of the road. See LAW.—Pr-ivate road. ’l‘liis term has various meanings: (1) A r-.»ml, the soil of which belongs to the owner of the land which it traverses, but which is bur- (ILIHNI with a fight of way. Morgan v. Ll\ing- rum, 6 Mart. 0. S. (I:a.) 231. (2) A neighbor- hood way. not commonly used by others than the people of the neighborhood, though it may be used by any one having occasion. State v. ‘lloliley, 1 ML-.\lul. (S. C.) 44. (3) A road in- [ended for the use of one or more private individuals, and not wanted nor lntendcd for general public use, which may he opencd across the lands of other persons by statutory authorit_v in some sl itcs. Witl1am v. Osburn. 4 Or. 318. 18 Am. Rep. 287: Sherman v. Buick, 32 Cal. 252, 91 Am. Dec. 577; Madcra County v. lfnvmond Granite Co., 139 Cal. 128. 72 Pnc. ‘I13. (4% A roiid which is only open for the hen:-fit o certain individuals to go from and to their homes for the service of their lands and for the |ise of some estates exclusively. Civ. (‘axle La. 1900. art. 'i'0G.—I-‘nblio road. A highnay: a road or wav estolilislied and adopt- rd (or ccepted as a dedication) by the proper nntlini-iiics for the use or the general piihlic, and over which every person has a right to pass and to use it for all purposes of travel or u-snsportniion to which it is adapted and demterl. Cincinnati R. (‘o. v. Com.. S0 Ky 138: Shelby County v. Castetter, 7 Ind.App. 300. 3 N.T‘.9§fi: Abhott v. Duluth (C. (7.1 101 Fed. 83 , Honlngcr v.I’eery, 102 Va. 890.47 S. ]l'l13.—Rond districts. Puhlic or quasi mun ' pal corpur-itions organized or authorized by statutory autlioritv in mnnv of the states for the special purpose of estshlisliing. maintaining, and caring for pulilic roads and highways within their limits. sometimes invested with powers of local taxation, and generally having elective ofllccrs styler "Overseers" or “commissioners" of roads. Sec Farinor v. Myles, 106 La. 33. 30 Smith. S.-AS-. San Hernardino County v tlicrn Pac. R Co., 137 Cal. 659. 70 Pac. 782; Madden v. lmnuister Colinty, 65 Fed. 191 12 C. C. A. .'lfl6.—-Rom! tax. A tax for the maintenance and repair of the public roads within the particular jurisdiction, levied either In money or in the form of so many days’ labor on the [in lic ronrls exacted of all the inhabitants of the district. See Lewiri v. State. 77 Ala. 41".

ROADSTEAD. In maritime law. A known geneinl station for ships. notoriously used as such, and distinguished by the name; and not any spot where an anchor will find bottom and flx itself. 1 U. Rob. Adm. 232.

ROBBATOR. In old English law. A rohber. Robblttores ct bilrljlrltorcs, robbers and burglars. Brace £01. 1151).

1043

ROD KNIGHTS

ROBBER. One who commits a robbery. The term is not in law synonymous with "thief," but applies only to one who steals with force or open violence. See De Rothschild v. Royal Mail Steam Packet Co., 7 Exch. 742; The Manitoba (D. C.) 104 Fed. 151.

ROBBERY. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his mil, accomplished by means of force or tear. Pen. Code Col. 5 211; 1 Hawk. P. C. 25; 4 Bl. Comm. 243; United States v. Jones. 3 Wash. 0. C. 209, Fed. Cas. No. 15,494; Seymour v. State, 15 Ind. 288; McDaniel v. State, 16 Miss. 401, 47 Am. Dec. 93.

Robbery is the wrongful, fraudulent, and violent taking of money, goods, or chattels. from the person of another by force or intimidation, without the consent of the owner. Code Ga. 1882, 5 4389.

Robbery is wiiere a person, either with

violence or with threats of injury, and putting the person robbod in fear, takes and carries away a thing which is on the body, or in the immediate presence of the person from Whom it is taken, under such circum- stances that, In the absence of violence or threats, the act committed would he a theft. Steph. Crlin. Dig. 20$: 2 Russ. Crimes, 78. And see. further. State v. Osborne. 1113 Iowa, 479 89 N. W. 1077: In re Coffey. 123 Cal. 522, 56 Pat: 4-48; Matthews v. State. 4 Ohio St 540; Benson v. McMahon, 1 T U. S. 457. S Sup. Ct. 12-10. 32 L. Ed. 2 : State v McGinuis. 158 M0. 105. 59 S. W. 83: State v. Burke, 73 N. C. 87: Reardon v. State. 4 Tex. App. Gin: Honstmi v. COIlI., 87 Va. ‘57, 12 S E. 3.35: Thomas v. State, 91 Ala. 34. 9 South. 81; Hickey v. State, 23 Ind. 22. —HighW9.y robbery. In criminal law. The crime or robbcr committed upon or near a pin]:- lic highway. ttnte v. Brown. 113 N. C. G45, 18 S. E. ”1- In England, by St. 23 Hen. Vl1I. c. 1, thi was made fnlony without benefit of clergy, wliiie rohhcry committed else“ here was less severely punished. The distinction was ahoiiehed by St. 3 & 4 Vi’. & M. c. 9, and in this country it has never prevailed generally.

ROBE. Fr. A word anciently used by sailors for the cargo of a ship. The Italian “roba" bad the same meaning.

RDBERDSMEN. In old English law. Persons who. in the reign of Richard I.. cum- mittcd great outrages on the horders of England and Scotland. Said to have hceu the followers of Robert Hood, or Robin Hood. 4 Bl. Comm. 246.

R01). A lineal maisure of slxteeii feet and a half, otherwise called a “perch."

ROD KNIGHTS. In feudal low. (Jertain servitors who held their land by serrlng

their lords on horseback. Cowell.