Highway, a road or way through which all persons have a right to pass unmolested ; for this reason, it is called the Kings highway, though the freehold of the soil belong to the Lord of the Manor, or to the owner of the ad-joing land. Only those ways which lead from and to different towns or villages, and such as are cart-roads, communicating with the former, are properly called highways : the care of repairing them, etc. is reposed in surveyors, who are empowered by various statutes to superintend them, and to see that no obstacles be laid in the roads.
By the 4th and 5th William and Mary, a reward of 401. is to be paid by the sheriff of the county for the apprehension of every highwayman ; to which the stat. 8th Geo. the 11d. c. 16, adds 101. to be paid by the hundred indemnified by such taking: and all persons, robbed on the highway, have a right to sue the hundred in which such rubbery was committed, in the day-time, for an indemnification.