Page:Passages from the Life of a Philosopher.djvu/374

358 the property of those who use them. They are the Queen's highways, and were devoted to the public for certain uses only.

The public have an undoubted right to traverse them, and convey over them persons, goods, materials, &c. The adjacent householders must bear any amount of noise which is fairly required for the legitimate use of roads; but no individual has any right to use them for other purposes, as for instance—

&emsp;Theatrical representations—as Punch, Gymnastics.

&emsp;Playground and games.

&emsp;Religious services.

&emsp;Music—as Organs and Brass Bands.

These not merely interfere with their proper use, but disturb the householders and are in most cases a positive nuisance.

The following letter, from an "Old Lawyer," recently appeared in The Times. It states the law briefly, and with authority:—

",—Whether street music in London ought to be put down or not, I, living in the country, am not concerned to answer. I suppose it is a question, like smoking, on which the public will always be divided; but as the law on the subject is so clear and simple, I am surprised how legislators and justices can be puzzled about it.

"Every public road or street belongs to the Sovereign, as embodying the nation, and is accordingly called the King's or Queen's highway. The interest of each indiyidual is limited to a right of passing and repassing over such highway, and he is no more entitled to use it for business or amusement than he is to build upon it or dig for ore beneath its surface.