The Sun.
London, England, 1850-03-14 00:00:00

hearing of the case it was elicited that though the
street had been_ closed on the sth of the month, it
was not until the 18th that anything permanent was
done to it, and that it was kept closed altogether a
month.
In defence it was urged by Mr. Raffey, clerk to
the parochial board, that the street was in such a
state as to require the whole time to clean and re•
pair it.
Mr. Lavjington, on the contrary, called a witness
who proved that the street was not in so bad a state
as great portions of the turnpike road; that if it ever
wanted repairs those repairs could have been done
without closing the street, and that the time
selected was the very worst to repair it. Mr. La-
vington also said that, conceal it as they might,
there could be no doubt that the object of the pa-
rochial board, or their officers, was to give the
advantage of closing up the street to the trus-
tees of the turnpike, and this they did without
the slightest t authority or sanction of the inha-
bitants of the parish, many of whom were seriously
taxed by such proceedings. On the 14th of Feb. he
(Mr. Lavington) waited upon Mr. Norton, at this
court to take his advice arid opinion on the subject,
and finding that that magistrate could not assist him,
and convinced of the object which led the parochial
surveyors to close the street, he had, he would admit,
directed a waggoner to forge his way into and pass
along it with his vehicle. This, he contended, he had
a perfect right to do, as the law authorised any person
to remove a nuisance. The officers of the board,
however, finding that the cords had been cut, and the
posts removed, dug a deep trench across the road, so
as to render it a work of some labour to make it pass-
able. This he contended was perfectly illegal, as was
also the act of keeping a public highway closed for a
whole month. That he was right in accusing the
parochial board or their officers of an anxiety to give
up Bond-street to the turnpike trustees, he (Mr.
Lavington) begged to mention the fact that the latter
had then a Bill before Parliament, which had for its
object the inclusion of Bond-street in the trust. This
Bill had already been read a second time, without an
individual in the parish of Lambeth, with the excep-
tion perhaps of the trustees of the highway board and
their officers, knowing a single syllable on the subject.
Mr. ELLIOTT remarked that the question before
him appeared to be that of whether the highway
board of the parish had the power to stop a public
street.
Mr. Roffey admitted that there was nothing in the
Highway Act that authorised the closing of the street
in question ; but apprehended I hey were justified in
doing so at common law. With respect to the state-
ment made by Mr. Lavington about the board lending
themselves to the trustees of the turnpike roads, he
begged to say that the board had expressed its deter-
mination to be neutral on the subject.
Mr. ELLIOTT having taken time to consider his
decision, said that he could not find anything in the
general Highway Act to justify the board of trustees
in stopping up a street ; nor did the common law
sanction such an act, except in a case of absolute ne-
cessity. That necessity was not shown in the pre-
sent case. On the contrary, he did not see the
slightest necessity for such an act, and he should,
therefore, dismiss the summon,.

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