Pearson  v.  Spencer,  cxiii.  761,  f ;  3  B.  &  S.  761,  f ;  affirming  s.  c,  ci.  571 ;  1  B.
&  S.  571.
476  WAY,  II,  III.
II.  Dedication  to  the  public.
Where  a  road  commenced  under  Turnpike  Act,  since  expired,  was  never  com-
pleted, but  was  used  by  the  public  and  repaired  by  the  parish,  held,  evidence
of  being  highway  repairable  by  parish.  Begina  v.  Thomas,  xc.  399 ;  7  E.  &  B.
399.
An  appeal  lies  to  the  Quarter  Sessions  from  an  order  of  the  justices,  under  5  &
6  Wm.  4,  c.  50,  s.  23,  that  a  dedicated  highway  is  not  of  sufficient  utility.  Begina
v.  Justices  of  Derbyshire,  xcvi.  69 ;  E.,  B.  &  E.  69.
User  of  substituted  road,  by  reason  of  obstruction  of  the  old  way,  is  no  evi-
dence of  dedication.    Dawes  v.  Hawkins,  xcviii.  848 ;  8  C.  B.  N.  S.  848.
A  dedication  must  be  in  perpetuity.     Ibid.
The  public  cannot  release  its  right  by  non-user.     Ibid.
An  obstruction  in  a  public  way,  existing  at  time  of  dedication,  is  not  a  nui-
sance by  reason  of  its  continuance  for  which  the  dedicator  is  liable.  Fisher  v.
Prowse,  ex.  770 ;  2B.&S.  770  ;  Bobbins  v.  Jones,  cix.  221 ;  15  C.  B.  N.  S.  221.
A  road  dedicated  to  the  public  must  be  made  to  the  satisfaction  of  the  sur-
veyor, under  5  &  6  Wm.  4,  c.  10,  s.  23,  to  make  inhabitants  liable  for  repairs.
Begina  v.  Dukenfield,  cxvi.  158  ;  4  B.  &  S.  158.
Under  11  &  12  Vict.  c.  63,  s.  70,  a  road  or  street  dedicated  to  the  public  within
a  district,  within  the  act,  must  be  made  to  satisfaction  of  local  board  of  health,
to  make  them  liable.     Ibid.
