HIGH COURT OF DELEGATES, English law. The name of a court esthlished by stat. 25 Hen. VIII. c. 19, s. 4. No permanent judges are appointed, but in every case of appeal to this court, there issues a special commission, under the great seal of Great Britain, directed to such persons as the lord chancellor¹, lord keeper, or lords commissioners² of the great seal, for the time being, shall think fit to appoint to bear and determine the same. The persons usually appointed, are three puisne judges, one from each court of common law, and three or more civilians³; but in special cases, a fuller commission is sometimes issued, consisting of spiritual and temporal peers, judges of the common law, and civilians, three of each description. In case of the court being equally divided, or no common law judge forming part of the majority, a commission of adjuncts issues, appointing additional judges of the same description. 1 Hagg. Eccl. R. 384; 2 Hagg. Eccl. R. 84; 3 Hagg. Ecel. R. 471; 4 Burr. 2251.

HIGH SEAS. This term, which is frequently used in the laws of the United States signifies the unenclosed waters of the ocean, and also those waters on the sea coast which are without the boundaries of low water mark. 1 Gall⁴. R. 624; 5 Mason's R. 290; 1 Bl. Com. 110; 2 Haze⁵. Adm. R. 398; Dunl. Adm. Pr. 32, 33.

2. The Act of Congress of April 30 1790, s. 8, 1 Story'S L. U. S. 84, enacts⁶, that if any person shall commit upon the high seas, or in any river, haven⁷, basin, or bay, out of the jurisdiction⁸ of any particular state, murder, &c., which, if committed within the body of a county, would, by the laws of the United States, be punishable with death, every such offender⁹, being thereof convicted, shall suffer death and the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended¹⁰, or into which he may first be brought. See 4 Dall. R. 426; 3 Wheat. R. 336; 5 Wheat 184, 412; 3 W. C. C. R. 515; Serg. Const. Law, 334;13 Am. Jur. 279 1 Mason, 147, 152; 1 Gallis. 624.

HIGH TREASON, English law. Treason against the king, in contradistinction with petit treason, which is the treason of a servant towards his master; a wife towards her hushand; a secular¹¹ or religious man against his prelate. See Petit treason; Treason.

HIGH WATER MARK. That part of the shore of the sea to which the waves ordinarily reach when he tide is at its highest. 6 Mass. R. 435; 1 Pick. R.180; 1 Halst. R. 1; 1 Russ. on Cr. 107; 2 East, P. C. 803. Vide Sea shore; Tide.

HIGHEST BIDDER¹², contracts. He who, at an auction¹³, offers the greatest price for the property sold.

2. The highest bidder is entitled to have the article sold at his bid, provided there has been no unfairness on his part. A distinction has been made between the highest and the best bidder. In judicial¹⁴ sales, where the highest bidder is unable to pay, it is said the sheriff may offer the property to the next highest, who will pay, and he is considered the highest best bidder. 1 Dall. R. 419.

HIGHWAY. A passage or road through the country, or some parts of it, for the use of the people. 1 Bouv. Inst. n. 442. The term highway is said to be a generic¹⁵ name for all kinds of public ways. 6 Mod R, 255.

2. Highways are universally laid out by public authority and repaired at the public expense, by direction of law. 4 Burr. Rep. 2511.

3. The public have an easement over a highway, of which the owner of the land cannot deprive them; but the soil and freehold still remain in the owner, and he may use the land above and below consistently with the easement. He may, therefore, work a mine, sink a drain or water course, under the highway, if the easement remains¹⁶ unimpaired. Vide Road; Street; Way; and 4 Vin. Ab. 502; Bac. Ab. h. t.; Com. Dig. Chemin; Dane's Ab. Index, h. t.; Egremont on Highways; Wellbeloved on Highways; Woolrych on Ways; 1 N. H. Rep. 16; 1 Conn. R. 103; 1 Pick. R. 122; 1 M'Cord's R. 67; 2 Mass. R. 127; 1 Pick. R. 122; 3 Rawle, R. 495; 15 John. R. 483; 16 Mass. R.33; 1 Shepl. R. 250; 4 Day, R. 330; 2 Bail¹⁷. R. 271; 1 Yeates, Rep. 167.

4. The owners of lots on opposite sides of a highway, are prima facie owners, each of one half of the highway,, 9 Serg. & Rawle, 33; Ham. Parties, 275; Bro. Abr. Nuisance, pl. 18 and the owner may recover the possession in ejectment, and have it delivered to him, subject to the public easement. Adams on Eject. 19, 18; 2 Johns. Rep. 357; 15 Johns. Rep.447; 6 Mass. 454; 2 Mass. 125.

5. If the highway is impassable, the public have the right to pass over the adjacent soil; but this rule does not extend to private ways, without an express grant. Morg. Vad. Mec. 456-7; 1 Tho. Co. Lit. 275; note 1 Barton, Elem. Conv. 271; Yelv. 142, note 1.