1 venience, fhall be repealed; and it fhalf be declared unlawful, in time coming, to turn about or change any highway, unless for the benefit of the public, as by fhortening it, carrying it through firmer ground, or making it more level; and to that purpose the commiffioners fhall be empowered to turn about highways, as alfo to widen the fame, not exceeding thirty feet, free of ditches. But the commiffioners fhall have no power to carry a road through any house, garden, orchard, or pleasure-ground. 13. The commiffioners fhall have power to take from the adjacent lands, ftones, fand, gravel, or other materials for making the highways, paying always for the damage done. 14. With respect to highways that bound the properties of neighbouring heritors, which it may be found neceffary to alter or widen, the commiffioners fhall be empowered to adjudge to one heritor any small bits of ground cut off from the other by the road fo altered; and if land cannot be given for land, to make a compenfation in money, valuing the land at the current price of the market. 15. In order to prevent water stagnating on the highways, the commiffioners fhall be impowered to make ditches or drains through neighbouring grounds; and fuch ditches or drains fhall be preferved entire by the proprietors of the land, or at their charges. 16. As the forefaid affeffment, after repairing the highways, may not be fufficient for building bridges or making ferries, where rivers are large; any five of the commiffioners may, for building bridges or making ferries, establish a pontage or toll; fo much for horfes, fo much for horned cattle, and fo much for fheep, and the double for each beaft in a wheelcarriage. Upon the credit of the tol!, the faid commiffioners may borrow money, to be employed wholly upon the bridge or ferry where the toll is gathered. But before borrowing, an estimate must be made of the expence of the work. After the work is finished, the fum beftowed on it must be ascertained an accurate account must be kept of the gradual payment of this fum by the toll; and when it is completely paid, the commiffioners muf muft declare the bridge or ferry to be free. 17. The determinations of the commiffioners fhall be final, unless complained of in manner following. 18. If any heritor apprehend that undue preference is given to a certain highway, or conceive himself aggrieved by any order or fentence of the commiffioners, it fhall be lawful for him, within forty days of the act complained of, to enter a complaint in the court of feffion; and the judgement upon fuch complaint fhall be final, But fuch complaint fhall only be effectual for damages, and fhall not stay execution of the work. At the fame time, no complaint fhall be admitted till fecurity be given to pay full cofts, in cafe the plaintiff be found in the wrong. 19. Former laws concerning highways, bridges, or ferries, to continue in force, unless as far as altered by this act. 20. An annual state of what is done by virtue of this act, made up by the commiffioners, or their clerk, fhall, before the laft Tuesday of March, be laid before. the trustees for fifheries and manufactures, in order to be made a part of their annual report report to the King; and thefe trustees fhall direct proper perfons to inspect what work is done upon the high-roads, and in what manner. Upon any mifapplication or embezzlement of the money levied, any neglect in levying, or any wrong done to the public contrary to the intention of this act, the trustees are required to set on foot and profecute what redress is competent in law or equity, provided the profecution be commenced within a year after the offence. Query, Ought not broad wheels to be required? VOL. IV. 30. Confiderations Confiderations that Support the preceding Plan. THE HE laws in Scotland relating to this branch of public police, are numerous; fome enacted while Scotland was a feparate kingdom, fome after its union with England. It is not the purpose of this effay to enter into a detail of the various regulations established by these laws: they are generally known; and in the late abridgement of our ftatute-law, they are all recapitulated with brevity and precifion. It fhall fuffice curforily to observe, that the acts made during the reign of Charles II. forin the ground-work of our regulations concerning highways: the later acts are little more than explanatory of the former. It seems to have been the plan of the legislature, that highways fhould be repaired by those who are employ'd in hufbandry; and accordingly, the fix days annual |