DEDICATION. An appropriation of land to some public use, made by the owner, and accepted tor 'such use by or on behalf of the public.
Express dedication is that made by deed, vote, or declaration.
Implied'dedication is that presumed from an acquiescence in the public use.
2. To be valid, it must be made by the owner of the fee, 5 Barnew. & Ald. 454 ; 3 Sandf. N. Y. 502; 4 Campb. 16, or, if the fee be subject to a naked trust, by the equitable owner, 6 Pet. 431 ; 1 Ohio St. 478, and to the public at large. 22 Wend. N. Y. 423 ; 2 Vt. 480; 10 Pet. 662; 11 Ala. N. s. 63. In making the appropriation, no particular formality is required, but any act or declaration, whether written or oral, which clearly expresses an intent to dedicate, will amount to a dedication, if accepted by the public, and will conclude the donor from ever after asserting any right in iampatible with the public use. 5 Taunt. 125; II Mees. & W. Etch. 827 ; 5 Carr. & P. 469; 6 Pet. 431 ; 22 Wend. N. Y. 459 ; 25 Conn. 235 ; 19 Pick. Mass. 403 ; 2 Vt. 480; 9 B. Monr. Ky. 201 ; 12 Ga. 239. And, without any express appropriation hy the owner, a dedi cation may be presumed from twenty years' use of his land by the public, with his know ledge, 22 Ala. N. s. 190 ; 19 Cann. 250. 11 Mete. Mass. 421 ; 3 Z abr. N. J. 159 ; 4 Ind. 518; 17 Ill. 249 ; 26 Penn. St. 187 ; 3 Kent, Comm. 451, or from any shorter period, if the use be accompanied by circumstances which favor the presumption, the fact of dedication being a conclusion to be drawn, in each par ticular case, by the jury, who as against the owner have simply to determine whether by permitting the public use he has intended a dedication. 1 Strange, 1004 ; 5 Taunt. 125 ;
6 Wend. N. Y. 631 ; 11 id. 436 ; 9 If )w. 10 10 Ind. 219 ; 4 Cal. 114 ; 17 Ill. 416 ; 30 Eng. L. & Eq. 207 ; 11 East, 375. But this pre sumption being merely an inference from the public use, coupled with circumstances indi cative of the owner's intent to dedicate, is opea to rebuttal by the proof of circumstances indicative of the absence of such an intent. 2 Pick. Mass. 51 ; 4 Cush. Mass. 332 ; 25 Me. 297; 9 How. 10; 1 Ca,mpb. 262; 4 Barnew. & Ai. 417; 7 Carr. & P. 570 ; 8 Id. & E. 99.
3. Without acceptance, a dedication is in complete. In the case of a highway, the question has boen raised whether the public itself, or the body charged with the repair, is the proper party to make the acceptance. In England, it has been decided that an accept ance by the public, evidenced by mere uses, is sufficient to bind the parish to repair, with out any adoption on its part. 5 Barnew. & Ad. 439 ; 2 Nev. & M. 583. In this country there are cases in which the English rule seems to he recognized, 1 R. I. 93 ; 23 Wend. N. Y. 103 ; •though the weight of decision is to the effect that the towns are not liable, either far repair or for injuries' occasioned by the want of repair, until they have themselves adopted the way thus created, either by a formal acceptance or by indirectly recognizing it, as by repairing it or setting up guide-posts therein. 13 Vt. 424; 14 id. 282 ; 6 N. Y. 257 ; 16 Barb. N. Y. 251 ; 8 Gratt. Va. 632 ; 2 Ind. 147 ; 19 Pick. Mass. 405 ; 3 Cush. Mass. ; Angell, Highw. 111. See THOROUGH