dedication

the idea of a dedication to the public of a use of land for a public road must rest on the clear assent of the owner, in some way, to such dedication. This assent may be proved by a deed or unsealed writing expressing such assent, or, as no fee in the land, but only an easement generally is given, it may be by parol or by acts inconsistent and irreconcilable with any construction except such consent.

An appropriation of land to some public use, made by the owner, and accepted for such use by or on behalf of the public. Angell, Highways, c. Ill, § 132. There may be a dedication for pious and charitable purposes, as well as for public easements. 32 Barb. (N. Y.) 222. Dedications are either — (1) Statutory, being those in pursuance of a statute, or (2) Common law, being that implied by acquiescence in the public user. It operates not by grant, but by estoppel. 9 Iowa, 451. "In common-law dedication, no particular formality is necessary. It is not affected by the statute of frauds. It may be made, either with or without writing, by any act of the owner, such as throwing open his land to public travel, or platting it and selling lots bounded by streets designated in the plat, thereby indicating a clear intention to dedicate. Or an acquiescence in the use of his land for a highway, or his declared assent to such use, will be sufficient; the dedications being proved in most, if not all, of the cases by matter in pais, and not by deed. The vital principle of the dedication is the intention to dedicate; and whenever this is unequivocally manifested, the dedication, so far as the owner of the soil is concerned, has been made. Time, therefore, though often a very material ingredient in the evidence, is not an indispensable ingredient in the act of dedication. If accepted and used by the public in the manner intended, the dedication is complete, precluding the owner and all claiming in his right from asserting any ownership inconsistent with such use. Dedication, therefore, is a conclusion of fact to be drawn by the jury from the circumstances of each particular case; the whole _ question, as against the owner of the soil, being whether there is sufficient evidence of an intenti6n on his part to dedicate the land to the public use as a highway." 14 Cal. 642.

In reni property law. An appropriation of land to some publlc use, made by the owner, and accepted for such use by or on behalf of the publlc; a deliberate appropriation of land by its owner for any general and publlc uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the publlc uses to which the property has been devoted. People v. Marin County, 103 Cal. 223, 37 Pac. 203, 26 L. R. A. 659; Grogan v. Hayward (C. C.) 4 Fed. 161; Gowan v. Philadelphia Exch. Co., 5 Watts & S. (Pa.) 141, 40 Am. Dec. 489; Alden Co.al Co. v. Challis, 200 III. 222, 65 N. E. 665; Barteau v. West, 23 Wis. 416; Wood v. Hurd, 34 N. J. Law, 87. Express or implied. A dedication may be express, as where the intention to dedicate is expressly manifested by a deed or an explicit oral or written declaration of the owner, or some other explicit manifestation of his purpose to devote the land to the public use. An implied dedication may be shown by some act or course of conduct on the part of the owner from which a reasonable inference of intent may be drawn, or which is inconsistent with any other theory than that he intended a dedication. Culmer v. Salt Lake City, 27 Utah, 252, 75 Pac. 620; Can Antonio v. Sullivan, 23 Tex. Civ. App. 619, 57 S. W. 42; Kent v. Pratt, 73 Conn. 573, 48 Atl. 418; Hurley v. West St. Paul, 83 Minn. 401, 86 N. W. 427; People v. Mann County, 103 Cal. 223, 37 Pac. 203, 26 L. It. A. 659. Common-law or statutory. A common-law dedication is one made as abave described, and may be either express or implied. A statutory dedication is one made under and in conformity with the provisions of a statute regulating the subject, and is of course necessarily express. San Antonio v. Sullivan. 23 Tex. Civ. App. 619, 57 S. W. 42 ; People v. Marin County, 103 Cal. 223, 37 Pac. 203, 26 In H. A. 659.

In copyright law. The first publication of a work, without having secured a copyright, is a dedication of it to the public; that having been done, any one may republish it. Bartlett v. Crittenden, 5 McLean, 32, Fed. Cas. No. 1,076.

The appropriation of private property, commonly land, to public uses, either by a formal act on the part of the owner, or by acts from which an appropriation may be legally presumed.

In real property law. An appropriation of Innid to some public use, mate by the owner, and accepted for such use by or on behalf of the public. 23 Wis. 416; d3 N. J. Law, 13. A deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other righis than such a8 are perfectly compatible with the full exercise and enjoyment of the public uses to which he has devoted his property. 22 Wend. 472.

In copyright law. The first publication of a work, without baving secured a copyright, is a dedication of it to the public; that having been done, any one may republish it. 6 Mc Lean, 82; 7 West. Law J. 49; 5 Mc- Lean, 328.

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.

The appropriation of property, usually land, by the owner to public uses; as of a right of way, when a private landowner lays out a road, and it is accepted by the pubhc or public authorities.