can

a mortgage lien in a Chapter 13 plan even after the debtor's personal liability on the debt secured by the property has been discharged in a Chapter 7 liquidation.

Law J. 'Hall V. Armstrong, 53 Conn. 566 (1885), cases, Loomis, J. «Eowe Il V. Doggett, 143 Mass. 487 (1887); Washb. Sase. 254 282. » Whaley v. Jarrett, 69 Wis. 615 (1887), cases; Washb. Ease., 3 ed., 230-31, 264. 'Jones V. Andover, 6 Pick. 60 (1827), Parker, C. J.; "Highway" applies to all great roads leading from town to town, to markets, and to public places, and denotes a way that is common to all passengers.' A " highway " is a road open to the public for use, in their own vehicles. In a special connection may include a railroad, Plank and macadamized roads are highways in a strict sense. ^ " Highway " is a generic name, embracing every kind of way common to all citizens, whether a footway, a horse-way, a cart-way, or way by water, however laid out originally and under whosesoever's charge. Eoads are divided into "highways" and "private ways." Highways are subdivided into " public highways " and " neighborhood roads." " A highway is nothing but an easement, comprehending merely the right of all individuals in the community to pass and repass, with the incidental right in the public to do all acts necessary to keep it in repair.' Every thoroughfare which is used by the public is a highway, whether it be a carriage way, a horse way, a foot way, or a navigable river. It is the genus of all public ways. The presumption is that the owners of the land on each side go to the center of the road, and they have the exclusive right to the soil, subject to the right of passage in the public' A railroad is a public highway — a road for public use. And a State may impose a tax in furtherance of that use. The same is true as respects turnpikes, bridges, ferries, canals, etc. The public have in " common roads " a mere right of passage, no right of possession or occupation." In most cities, the lee of the land belongs to the adjacent owner, and, upon discontinuance of the street, the possession reverts to him.' The State has an easement to adapt the sti'eets of a city to easy and safe passage." The duty of a municipality being to keep ways free from defects — in good repair, it will be held liable for an injury from an obstruction placed on a street by a third person, where the obstruction remains long enough to charge the authorities with notice.' Every parish is bound of common right to keep the highroads that go through it in good repair, unless the care is consigned to a particular person. From this burden no man was exempt by early law. About > Harding v. Medway, 10 Met. 469 (1845), Hubbard, J. 2 Flint, &c. E. Co. v. Gordon, 41 Mich. 428-29 (1879), Cooley, J. s State V. Harden, 11 S. C. 338 (1878), Haskell, A. J. ' Peck V. Smith, 1 Conn. 132 (1814), Swift, J. See also State V. Davis, 80 N. C. 332 (1879). » 3 Kent, 432. Boston & Albany E. Co. v. Boston, 140 Mass. 87-^ (1885), cases — as to a "public foot-way." » Olcott V. Supervisors, 16 Wall. 694-97 (1872), cases. 'Banks v. Ogden, 2 Wall. 69 (1864); Barnes v. District of Columbia, 9l U. S. 556 (1875). s Transportation Co. v. Chicago, 99 U. S. 641 (1878). 1530, the care of roads was first left to the parishes, and the care of bridges to the county at large; for neglect a parish could be indicted. About 1555, and later, in 1773, by statute 13 Geo. in, surveyors of the highways were chosen in eveiy parish, empowered to call the parish together, and set the people at the work pf repair, the owners of teams and of lands being each required to send a team, and other persons between eighteen and sixty-five required to work in person or by substitute, or else to compound with the surveyors at certain rates. When the personal labor of a parish was inadequate for the work of repair, the surveyors, with the approval of the court of quarter sessions, were authorized to levy a tax on the parish in aid of the personal duty.* See further Alley; Along; Boundary; Dedication, 1; Easement; Filum, Vise; Necessitas, Trinoda; Ntjisancb; Boad, 1; Street; Travel.

Defined under Way in A Dictionary of Law.