The daily Argus. (Rock Island, Ill.) 1873-1877, 1875-12-09
CHARGE TO THE JURY.

CHARGE TO THE JURY.
Gentlemen OF the Jury:
This is an action Of ejectment by which
the Plaintiff seeks to recover in fee the
parcel of land usually known and described
as Union Square, or Church Square, being
q block or square IN the second addition to
the town of Stephenson, now the city of
Rock Island,in the County of Rock Island,
in this District, bounded on the north by
Illinois street, on the east by Madison
street, on the south by Orleans street, and
on the west by Jefferson street, in said ad-
dition.
1t is admitted that Jonah II. Case, late
Of Rock Island county. on or about the TWEEN
ty.first day of June, 1886, purchased, FROM
the United States, the northeast fractional
quarter, of section 80. of town Is, north of
range west of Fourth Principal Meridian;
that soon after making the entry and
purchase of SAID land from the Govern
ment, Case conveyed to John w. Spen-
Ger an undivided half thereof, and that
Spencer and Case caused said tract Of land
to be surveyed and plated, and the plat
thereof to be duly certified, acknowledged
and recorded as the second addition to the
town of Stephenson, now city of Rock ISL
and; that on the 9Th day of December,
1887, Spencer and Case and their respec-
tive wives conveyed to Benjamin Mckay
an undivided quarter of certain lands in
said addition, including the square in con-
troversy; that Case died intestate, in 1853
or 1864. leaving as his heirs at-law his son,
Henry s. Case, and his two daughters,
Sarah I'll. Aiken and Eliza II. Richmond,
and on the 2lst day of October, 1865, prior
H. Of
Henry S. Case, and the said two daugh-
tiers, with their respective husbands,
joined in deed by which they conveyed
all their right, title and interest in the
land in controversy to the Plaintiff, John
Ruch.
These facts and conveyances would
clothe the Plaintiff, Ruch, with the legal
title to three eighths OF the said square OF
land, aud entitle him to recover the same,
in this action, unless you are satisfied,
from the evidence in this case, that said
Jonah Ii. Case dedicated this parcel OF
land to the public as a public square,
during his lifetime,-fnr if he did so dedi.
cate said land, in his lifetime, then no es.
tate in said land passed TO his heirs on hi:
death, and their deed to the plaintiff con
veyed no title.
The main question in this suit is: Did
the said Jonah III. Case dedicate sale
square to the public as public square
during his lifetime? Whether said dedi
cation was made or not is a question o.
fact to be determined by you, from the evi
dence in this case
Declarations are of two landscapes
and implied.
An express dedication is usually made
either by deed or by such express anC
unequiyocal and affirmative acts as show
the intention of the party. as expressed, t,
make the dedication.
While an implied dedication may taxi
place, with no express act on the part o
the owner of the land, by the fact that thu
public take possession of mans land ant
use it for such a term of years, withou
any objection interposed by or from him
as to raise the presumption in Law
that he intended to allow the public to us
it, in other words to allow the land to be
come dedicated to the public. In thes
ways the public acquire the right to mos
of their highways and streets, either, as
said before. by an express dedication or b.
an implied dedication.
An express dedication of public roa
is obtained generally either by the deed c
the owner conveying to the public or
some covenant or expression used in soul
deed by him which indicates upon pape
and by the deed itself au intention to ded
cate; or by plating or recording, under til
statutes of the state.
There is another principle involved,
this matter of dedication, to which WI
here call your attention, lest it escape II
further on, and that is that dedication
the use of the public implies almost of
self q right of reversion to the ownt
whenever the public cease to use the pro
erty for the purposes for which twas de-
icated. For instance, if piece of land
strip of land, is dedicated to the public {
n street or a highway SO long as the pu
lie use it for that purpose, the owner ca
not interfere with the public use; b
when they apply it to other uses, as,
instance, to build upon it, or undertakiI
TO grant it out to private parties and p
vate uses, then the right of the pub
ceases and the property reverts to Il
owner.
Much has been said, or something has be
said, lin the course of the trial of this ca,
in regard to a special aud general dedic
ton. There is but little distinction in t
law between them-in one a dedcati
may be more broad and comprehend
than in the other but that is about
the distinction there is For
stance, one man may dedicate a piece
land for the purpose of church, or
school house, or courthouse, then t
public have no right to use it for any 9th
use than the specified purpose und
which he makes the dedication or graz
nn n 60 - Il
piece of land to the public as pub
square generally, or for general pub
uses, then the public have right to u
it in more extended and more genel
way than in special dedication to viii
have reterred,-and that is the only d
tinction know Of between a special and
general dedication.
The public are at liberty to take from
private owner, if he see fit to donate
the public for the purpose, land for any
the general uses which the public, as sue
have any occasion to use lands,
for parks, public grounds, court hous
churches, public buildings of any chars
ter, and for highways or streets; and
these general reasons they may hold, q
use, and own the land.
Whenever the public ceases to use {
property for which it is manifest it v
dedicated to them, then the right of I
public ceases and the title reverts.
The statute of this state, in torce at
time this addition was plated and reco
ed, provided that the act of plattiI
acknowledging and recording a map
subdivision Of land into town lots or blot
should be equivalent in law to cow
ance to the public authorities, for pub
use, of all such lots or parts of the s
plat as were marked or noted on said ?