In  pleading  a  way  by  prescription  or  grant,  the  par-
ticular grounds  of  the  title  must  be  set  forth,  and,  as  a
way  of  necessity,  is  in  truth  nothing  else  but  a  way  by
grant,  it  must  be  pleaded  in  the  same  manner ;  and,  if
its  origin  cannot  be  any  longer  traced,  must  be  claimed
by  grant  or  prescription,  and  pleaded  as  such,  or,  in
some  cases  as  a  non-existing  grant.  {Boyce  v.  Brown,
7  Barb.  88.)  And  if  there  once  existed  unity  of  pos-
session, some  authors  have  supposed  that  it  must  be
claimed  by  way  of  grant.  The  better  opinion  now  is,
that  a  way  of  necessity  cannot  be  pleaded  as  in  general
terms.  Indeed,  it  seems  there  is  no  general  way  of
necessity,  without  specifying  the  manner  whereby  the
land  over  which  it  is  claimed  becomes  charged  with
the  burden.  Such  was  the  decision  in  Bullard  v.  Har-
rison (4  M.  &  S.  387.)  It  should  be  alleged,  that  the
party  pleading  the  way  could  not  have  gone  upon  his
own  land,  or  that  there  was  no  other  way.  {Boyce  v.
Brown,  supra,  and  cases  there  cited.)


PLANK   BOADS   AND   TXJKNPIKE8.
487


CHAPTER    XIX,


PLANK   EOADS  AND  TUBNPIKES.
1.  How  incorporated.
■i.  Management  of  company.
3.  Application  to  supervisors  for  leave

to  construct  road.
4.  Commissioners  to  be  appointed.
5.  Lands  liow  to  be  procured.
*€.  Provision  in  case  of  using  higliway.
7.  Construction  and  repair  of  roads.
8.  Inspectors  to  be  appointed.
•9.  Erection  of  gates.
10.  Of  tolls  and  their  collection.
11.  Penalties  for  injuring  or  obstructing.
12.  Of  taxes  on  roads.
13.  Of  branch  roads  and  extensions.
1*.  Powers  of  purchasers  under  mort-
gage or  execution.
15.  Actions  by  or  against  corporations

an4  stockholders.
16.  How  discontinued.
1.  How  Incoeporated.
