sances, as may oblige all to give their ftate-labour each year, or to pay, not exoding for each perfon, each horfe, and for each liable to ftatute-labour; and heriand others to be liable the fame as ants, in proportion to what lands they py; and for these purposes, that the sentor of each parifh be obliged to init yearly, before the firft of April, the clerk of fupply, a list of all liable Catute-labour, and how applied the reding year; accounts of which the oeers, if any be, fhall be bound to fureach of them under the penalty of ; which penalties, if incurred, and fized value of all deficient statute-laour, the commiffioners fhould be orbed to exact by poinding, without a forgiveness or forbearance, and apply lame to repair of roads or bridges in diftria where incurred. All this apars neceffary, because many have been gent for many years, to the discouement of those who have regularly githeir ftatute-labour; and the repair reads at a certain distance is of fmall aif ftopped by the negligence of ogers 4. As ftones and other nuifances thrown upon roads, when repaired, adjacent farmers and others, as alfo ins ftopped, and pavements and ledges bridges broke, deftroyed, or damaged, idle or malicious people, That the ioners have reafonable power, at r annual or district meetings, to apat reafonable regulations for preven⚫

remedy of fuch abules. The prewas therefore defired to tranfmit this ate forthwith to the worthy member the county, intreating his earnest attion to all these particulars, and what ther might evidently appear reasonable the conjoined deliberation of the repretatives for North Britain, to obtain m to be established by a law. As alfo, That in the fame, or fome o bill this feffion, fome prudent regulamight be made of muir-burn; strictly biting, under proper moderate pe es, easily to be tried, and exigible, burning heather or muirs, from

to

or nearer to any Hod, mofs, or plantation, than 150 ; and that parents and masters be werable for their children and fervants, whofe idleness or malice the abuses are only practifed, to the amount of the alty of And as the immense dae experienced from fuch abuses to the FOL. XXVI.

heather, which prevents its being used as thatch, and to the mofs, and planting of woods, require and want very much (pecial attention and remedy, to confider if this is not at least fimilar, and if not of more importance, than green wood, and therefore wanting and meriting fimilar guards and relief, at least by a finall mo derate penalty.

Likewife, That they should request their worthy member, to concert with others from North Britain, and effectually make application where-ever proper, for alteration of a clause of an act palled last fellion of parliament*, obliging to give notice to officers of excife, of any, even the fmalleft parcel of malt to be steeped, which the poor people in North Britain make often in very fmall quantities, from bad grain, which will not fell in markets, for their own private use, and for fale to poor neighbours, and often live at ten or more even computed miles from the excife-officer. Wherefore fuch hardships, and the ignorance and stupidity of many, and confequential penalties and profecutions, must ruin them; and many poor tenants of that country, were greatly injured by fummonfes from excife-officers, to attend courts at great diftances, and often at very improper feasons, fuch as feed-time and harvest.

All which refolutions they likewise appointed to be published in the Edinburgh news-papers, and tranfinitted to the members of parliament. Extracts

[An abftract of the act 3° Geo. III. cap. 13. for more effectually fecuring the payment of the duties upon malt, by preventing frauds in the obtaining of allowances, and the mixing of fresh corn or grain with corn or grain making into

malt.

Preamble. The last clause of our abstract of the act 33° Geo. II. [xxii. 47.] is first recited; and the narrative after is in substance thus. There is not any provifion made by the faid act for enabling the officers of excife to afcertain when corn or grain is first begun to be wetted or steeped in order to be made into malt, and confequently whether the maltfter is intitled to the allowance appointed to be given by that claufe, by which de fect the whole purpofe of the claufe has been entirely defeated: and great frauds have been committed by the mixing of corn or grain with corn or grain fteeping in order to be made into malt, whereby the revenue and the fair trader have been greatly injured.

§ 1. From and after June 24. 1763, during the continuance of any of the duties on

D

malt,

12. There is no remedy provided in fe that meeting is not attended.

A quorum of no fewer than five is quired in many matters of mere execu

14. The counties are not properly died into diftricts, nor the powers of di-meetings afcertained.

15 The power of justices of peace, as aghtening and altering highways, is

fficiently afcertained.

6. Twenty feet is not a fufficient adth for a highway.

7. The method of repairing the roads hot pointed out by the law, but left to judgment of unskilful people.

8. Penalties are in fome cafes too and the methods of levying and reering fome of them are not fufficiently nor fummary."

reafons against converting the ftae-labour into an affeffinent in money, ich is the third head, the author ob. es, 1. That it is always difguftful to fubjects to make a change in the fpiand principle of any part of their law. That a tax for the roads, fuch as is pofed, is nothing less than a new landThat this afleifment will not be a land-tax, but will, in all proity, be a perpetual one. 4. That ral counties have amended great part their roads, at a very confiderable ex; while other counties have done thing at all; that therefore it would confiflent with equity, to tax the the fame proportion with the laft. That it will be no eafy matter to lethe proper application of this tax. That the propofl for a tax in money eeds upon the fuppofition that the ftaervice is inadequate; but that this ition must be groundless if the fta-labour has never been fully applied. That the extent of this tax thould be dered: for that it is capable of debation, that the prefent ftatute-laif properly applied, is worth to the upwards of 50,000l. per ann. -this is the cafe," fays the judicious "on the one hand, an injury is to the roads, if their prefent right aken from them, and the new tax do amount to as much; on the other d, it would go very ill down, to im a new tax, which, if equal to the eth of the ftatute-labour, must exceed dspelent land-tax.”

the fourth head, viz. the propofed we hall give an abstraft, viz,

1. The act of Ch. II. parl. 2. cap. 16. in 1669. For repairing highways; the act, feff. 2. ditto parl. cap. 9. in 1670, Concerning highways, &c.; the act of Ja. VII. parl. 1. cap. 8. in 1686, Anent highways, &c.; and the aft 5o Geo. I. cap. 30. For amending and making more effectual the laws for repairing the highways, &c. in Scotland, fhall be repealed.

2. A claufe in the act of Ch. II. parl. cap. 41. in 1661, For plinting and inco fing of grounds, by which it is provided,

That heritors and others may caft about highways for their convenience, providing they do not remove the fame above 200 ells upon their whole ground," may be liable to abufe, and therefore fhall be repealed; and it fhall not be lawful hereafter, to turn about or change any public highway, except for the improvement of fuch highway itself.

3. The fheriff depute, together with the juflices of peace and commiflioners of fupply, and the two firft magiftrates of Edinburgh, Glasgow, &c. and the first magiftrate of each of the other royal boroughs, fhall be commitlioners, in their refpective fhires, for putting this act in execution. Any two fhall be a quorum, except where it is otherwife provided by this act. No perfon hall act as a justice of peace in execution of this act, except he is in poffeffion of 2001. Scots valued rent in property within the county, or is heirapparent to fuch perfon, or is in the commiflion of the peace in respect of fome other office, under the penalty of 201. Sterling for each offence; to be recovered fummarily, in the court of fellion, or fheriff-court, or in the quarter fefions, by any perfon who thall fue for the fame; oue half to go to the profecutor, the other to be applied for the purposes of this að.

4. The commiflioners fhall meet upon the first Tuesday of April, in the year at the head borough of the county, and upon the first Tuelday of April yearly thereafter; of which first meeting inti mation fhall be made in the Edinburgh news-papers by the refpective fheriff's-depute. The commidioners, at thefe meetings, fhall be impowered to nominate a convener, and to adjourn themselves from time to time, as they hall fee caule. The clerk of fupply fhall be their clerk, with fuch gratification for his trouble as they fhall think reafonable.

* [Under herif we comprehend likewife Stewart; and under fire or county, we comprehend likewife Pewartry.]

5. At the first general meeting the commiflioners fhall divide their respective fhires into diftriéts, each diftrict containing no more than five parishes, and appoint their places of meeting. In cafe fuch divifion is not made by the commiflioners, it fhall be made by the theriff-depute, upon the application of any two of the commillioners. Such divifion, whether made by the commiffioners or by the theriff, may be altered by any fubfequent annual meeting, fourteen days previous notice of the purpose of fuch meeting being given in the Edinburgh news-papers. The commiffioners in the district-meetings may chufe fit perfons to be their clerks, and make them a reasonable allowance according to their trouble; may at any time be called to meet by any one of their number, on three days notice, on a Sunday between fermons; and may adjourn to fuch times and places as they fhall think fit; and they shall keep a diftinct account of all money received or difburfed, and of all work done in or by the several parishes, and lodge a clear state thereof with the clerk of the general meeting on or before the first day of March annually. The commiffioners fhall bear their own charges at all their meetings.

6. At the annual meetings, or in the respective district-meetings, the commiffioners fhall appoint fit perfons to be overfeers and furveyors in fuch places and parishes as they fhall think proper; who hall be paid reafonable wages for their trouble, not exceeding per diem while they are employed, befides being freed, while in office, from all other ftatute-fervices to the highways; and who fhall be obliged to accept of fuch offices, and comply with the injunctions given them by the commiffioners, under the penalty of 51. Sterling for refufal or neglect of duty.

7. The roads of the greatest public u tility and refort in the feveral parishes fhall be firft repaired. The general meet ing thall make up lifts of the roads, and fettle the order of repairing them. Failing of their fo doing, the district-meeting fhall make up fuch lifts of their roads, and fet down the rank and order for making and repairing them, fourteen days previous notice of the purpose of fuch diftrict meeting being given on a Sunday between fermons; and the meeting fhall report their refolutions to the next general meeting; at which, or any fubfequent general meeting, (five commiffioners at least being prefent), the said refolutions may

be varied; provided that they fha good, and be the rule, till fo varie 8. Upon previous intimation f commiflioners, or the overseer, on day between fermons, or upon an legal notice, all perfons herein afte tioned or defcribed, fhall, in lieu ftatute-fervice which was imposed acts herein before repealed, be cha to fix days work upon the highway ny time betwixt the last day of and the last day of September feed-time and harveft excepted, heritors occupying their own land all tenants, fhall, for each plough ploughgate, or for each quantity equivalent to a ploughgate, occupi poffeffed by them, whether the fa in tillage or not, or for every d they keep with two horfes or oxe: nifh to the roads, one cart with t fes, two able workmen, one who row, and two spades or fhovels; a half a ploughgate, or if they ke draught with one horse, a cart wi horse, and one able workmen; or have no carts and horses, for each p gate four able workmen, with a barrow, a pick, mattock, and two or fuch other inftruments as shall dered by the commithioners or ove and fo proportionally for a half or ter ploughgate.

9. All perfons who keep coaches, fes, or other carriages, whether roughs or in the country, fhall, fo coach, or other carriage with four v be rated as having a ploughland ; each chaife, or other carriage wit wheels, as having half a ploughland vided, that if fuch perfons alfo occupy they fhall not be twice rated, but i rated either in refpect of lands or car as fhall be moft beneficial for the re

10. Perfons who neither occupy nor have such carriages, fhall, wit man-fervant in their families, be for the faid fix days, to ferve per on the roads, or to hire others in places; excepting women, fick o perfons, and all who are upon or i unto the poor's roll.

11. All perfons who earn their hood by days wages, fhall, in the of the commiflioners, either be exe from one half of the time of work forefaid, or, if employed during whole fix days, fhall be intitled mand half-wages according to the c rates in the refpective places ; and a

yed shall work faithfully eight hday, and as they fhall be diby the commiffioners or overfeers. the perfons duly warned to work, py, as aforefaid, fhall refufe or netall not work faithfully, they farfet double the highest rates of nition after mentioned refpectively; apan certificate under the hand of meyer or overfeer, the fum thall be fmarily, by distress and fale of readieft goods and effects, by a warnader the hands of any two of the

tidoners.

No perfon fhall be obliged to work of the parifh in which he refides, or be keeps his fervants and farmexcepting the inhabitants of boand no inhabitants of royal bofall be liable to be called to work, upon roads or bridges leading to the borough in which they live, within the refpective county: and all red, whether by compofition, or , or otherwife, in virtue of this rept in boroughs, fhall be employed, purposes of this act, within the pawherein the fame are raised and leif railed and levied in boroughs, be employed upon roads or bridges to or from fuch boroughs, and the liberties thereof refpectively; always, both in the cafe of parishd boroughs, where it is otherwife provided by this act; and the ofall be obliged to keep diftinct of all monies received or disbursed

Such perfons as live in boroughs, or two miles diftance from the roads, always have it in their option to rethemselves from the actual fervice, ying a compofition of the value of work in money, not under the rates entioned, to the furveyor or overor before the first day appointed king; that is to fay, 3 s. per diem for ghgate, 8 d. per diem for the perfoke of each man not a day-labourer, 4 per diem for each day-labourer. The reader or parith-clerk, or fome eren in each parith, to be appointed commithioners in their general or d meetings, fhall take care of all pa delivered in charge to him; and be bound, annually, to make up exs of the perfons chargeable, diftin ng whether in refpect of plough tor for perfonal fervice, to be ed under the hand of any one com

miffioner, in the month of March annually, which lift fhall be open to the inspec tion of the parishioners; and he fhall deliver copies thereof to the respective furveyors or overfeers of the parish; and he fhall receive for his trouble fuch gratifica tion as the commiflioners think reasonable.

16. At every annual meeting on the firft Tuesday of April, the clerk fhall lay before the commiffioners a diftinct state, made up from the reports appointed to be made from each district, of the work therein done by the inhabitants; and if it fhall not then appear that every parish has performed their statute-labour for the year preceding, the commiffioners, at that meeting, are hereby impowered and required, to order the value of the work of fuch negligent parishes, for fuch year immediately preceding, to be applied to any of the highways, bridges, or ferries, in any other parish or parishes, where the law for fuch preceding year has been put in due execution: and in cafe there fhall be no general meeting, or if the general meeting refufe or neglect to order as aforefaid, then the fheriff-depute, upon the application of any two commiffioners, fhall order the value of the work of fuch negli gent parishes to be applied as aforefaid: and for making the fame effectual, the general meeting, or fheriff-depute, fhall grant warrant, to be intimated on a Sunday as aforefaid, ordering all the perfons liable within fuch parifhes to pay the value thereof, not exceeding 3 s. per diem for each ploughgate, 8 d. per diem for the perfonal fervice of each man not a day-labourer, and 4 d. per diem for each day-labourer, at fuch times and to fuch perfons as fhall be appointed in the faid warrant.

17. The commiflioners, or their over. feers, may compound with parishes or perfons who are willing to compound, either for fums of money, not under the rates above mentioned, or for certain quantities of road to be made or repaired by them, within a time limited, in lieu of their fix days labour.

18. All highways to be made hereafter, fhall be twenty-five feet broad at leaft, exclufive of the ditches; and fuch as are already broader fhall remain fo; provided, that where inclofures are already made upon highways, prior to this act, and the fame are twenty feet broad, then if the commiffioners alter or widen fuch roads, they fhall pay any damages done to the fences.

19. The commiffioners, or any five of them,