Dedication

Appropriation to public uses of some right or property: as, the dedication of a highway, landing, square, park, land for school purposes; the dedication of an invention, or of a literary or musical composition. > Eussell V. Lathrop, 122 Mass. 302-3 (1877), cases; Attorney-General V. Young, 3 Yes. Jr. 209 (1796), cases; Rose V. Woodruff, 4 Johns. Ch. *547 (1820), cases. "Thomson v. Wooster, 114 U. S. 104, 110-14, 119 (1SH3), cases. s Frow V. De La Vega, 15 Wall. 5.-)4 (1878), Bradley, J. ' Re Howard, 9 Wall. 175, 182 (1869); Lyon v. Perui, 125 TJ.

S. 702 (1888), cases. Pennington v. Gibson, 16 How. 70 (1853). Durant v. Essex Company, 7 Wall. 109 (1808), oases. 'Graham v. La Crosse E. Co., 3 Wall. 704 (1865); Carneal v. Banks, 10 Wheat 181 (1825); 1 Story, Eq. S§ 28, 437, 4.39. 8 Hall V. State, 16 Tex. Ap. 11 (1884), Willson, J.; 1.

The act of giving or devoting property to some public use.' Wlience dedicator. An appropriation of realty by the owner to the use of the public, and the adoption thereof by the public; as, the dedication of soil for a highway. 2 Has respect to the possession of the land, not to the permanent estate. = Express, when explicitly made by oral declaration, deed, or vote; implied, when there is acquiescence in a public use.* Made according to the common law or in pursuance of statute. A statutory dedication operates by way of a grant; a common-law dedication, by way of estoppel in pais. May also be made in proesenti to be accepted in futuro. Is a conclusion of fact, from all the circumstances of each case.*, An appropriation of land to some public use, made by the owner of the fee, and accepted for such use by or on behalf of the public' The vital principle is the animus dedicandi. Time, iough often a material ingredient, is not indispensable. A dedication is a conclusion of fact to be drawn by the jury from the circumstances of each case.' At common law no special form of ceremony is necessarysimply assent in the owner, a public use, and acceptance by the public, which last may be evidenced by user. The assent, which must be clear, is provable by a writing, by parol, or by acts irreconcilable with any other construction; as, where a man makes a plan of lots, with streets, and sells lots by such plan. A use, from which a dedication may be presumed, may be much less than thirty years' continuance. Acceptance may be presumed where the gift is beneficial; use is evidence that it is beneficial. An act of Congress which merely "reserves" sec- 1 Eees V. Chicago, 38 m.

— 335 (1865). [Hobbs V. Lowell, 19 Kck. 40T-10 (1837), eases, Shaw, C. J.; Brakken v. Minneapolis, &c. E. Co., 29 Minn. 43 (1881). 3 Benn v. Hatcher, 81 Va. 29 (1884), cases. * See 30 Kan. 637- 8, 642; 69 Ga. 546. "City of Denver v. Clements, 3 Col. 479-83 (1877), cases; ib. 485-86. Quinn v. Anderson, 70 Cal. 466 (1886), oases. 'Ward V. Farwell, 6 Col. 69 (1881), Elbert, 0. J.; Steele v. Sullivan, 70 Ala. 593-94 (1881), oases; Angell, Highw. 142. 8 See Cincinnati v. White, 6 Pet. 440 (18S2); Irwin v. Dixion, 9 How. 30-81 (1860), cases; Boston v. Lecraw, 17 id. 435-36 (1854); 1 Bond, 81; 11 Ala. 63; 4 Cal. 114; 25 Conh. 235; 12 Ga. 2M; 76 Ind. 264; 21 La. An. 244; 34 id. 618; 124 Mass. 64; 87 jyiof"≪ 17 id. 561; 33 N. J. L. 13; 22 Wend: 444, 450; 6 Hill, 411; 19 Barb. 193; 26 Pa. 187; 22 Tex. 100; 9 Wis. 344; 23 id. 420; 3 Kent, 451; Antions Of public lands for school purposes does not work a dedication, in the strict sense. See Easement; License, 1; Squahe;

— Use, S, User; Water-mark. 2. On dedicating an invention to public use, see Patent, 2;

— Use. 3, Public. 3. Publishing an uncopyrighted work is a dedication of such work to the public. See Copyeight; Drama.