rson to take the charge and guidance of
them, or without fastening them in a safe and prudent manner, he may
be imprisoned two months or fined fifty dollars.[56]

[55] Pub. St. c. 202, Sec. 34.

[56] Pub. St. c. 202, Sec. 35.

CHAPTER XIII.

PURPOSES FOR WHICH HIGHWAYS MAY BE USED.

As before intimated, the public ways are mainly for the use of
travellers; but in the progress of civilization it has become
convenient and necessary to use them for other purposes of a public
nature. It is the great merit of the common law, that while its
fundamental principles remain fixed from generation to generation,
yet they are generally so comprehensive and so well adapted to new
institutions and conditions of society, new modes of commerce, new
usages and practices, that they are capable of application to every
phase of society and business life. Time and necessity, as well as
locality, are important elements in determining the character of any
particular use of a public way. Many public ways are now used for
gas, water-pipes, and sewers, because the public health and
convenience are subserved by such use.[57] They are also used for the
transmission of intelligence by electricity, and the post-boy and
the mail-coach are disappearing.

[57] 35 N.H. 257.

The horse-railroad was deemed a new invention; but it was held that
a portion of the road might well be set aside for it, although the
rights of other travellers to some extent were limited by the
privileges necessary for its use.[58]

[58] 136 Mass. 75.

And now motor cars and elevated railroads are making their
appearance in the centres of civilized life, and the bicycle and
tricycle are familiar objects on all the great thoroughfares. Should
human ingenuity discover any new modes of conveying persons and
property over the public ways, or of transmitting intelligence along
the same, which should prove convenient to the everyday life of
humanity, no doubt the highway law will be found applicable to all
the needs of advancing civilization. The underlying principle of the
law is that every person may use the highway to his own best
advantage, but with a just regard to the like rights of others. The
law does not specify what kind of animals or vehicles are to be
allowed upon the road, but leaves every case to be decided as it
shall arise, in view of the customs and necessities of the people
from time to time. All persons may lawfully travel