ful, tends to fill the Houfe of Commons with men of diffolute manners, void of probity and honour.

But turning from fcenes fo difmal, let us view the beautiful effects that refult from an adininiftration regularly carried on, as directed by the ftatutes above mentioned. The revenues of the royal boroughs are fuppofed to be above L. 40,000 yearly. And were this fum, or the half of it, prudently expended, for promoting arts and induftry among the numerous inhabitants of royal boroughs; the benefit, in a country fo narrow and poor as Scotland, would be immenfe: it would tend to population, it would greatly increase increase industry, manufactures, and commerce, befide augmenting the public revenue. In the next

place, as there would be no temptation for defigning men to convert the burden of magiftracy into a benefit, faction and difcord would vanith; and there would be no lefs folicitude to fhun the burden, that at present is feen to obtain it. None would fubmit to the burden but the truly patriotic, men who would chearfully bestow their time, and perhaps their money upon the public; and whofe ambition it would be to acquire a character, by promoting industry, temperance and honefty, among their fellow-citizens.

And when the government of the royal boroughs comes to be in fo good hands, bribery, which corrupts the very vitals of our conftitution, will be banished of courfe. And confidering the proper and conftitutional dependence of the royal boroughs upon the king's judges, we may have reafonable affurance, that few representatives will be chofen, but who are friends to their country and to their, fovereign.

SKETCH

SKETCH III.

Plan for improving and preferving in order the Highways in Scotland.

PREFACE.

HIGHWAYS have in Scotland become a capital object of police, by the increase of inland commerce, upon which bad roads are a heavy tax. Happily for our country, no person is ignorant of this truth; and we fee with pleasure the fruits of their conviction in various attempts, public and private, to eftablish this valuable branch of police upon the best footing. As this is no easy task, it may reasonably be hoped, that men interested will seriously apply them felves to it, and will freely produce fuch hints as occur to them. In the latter view the following plan is offered to the public and if, from the various propofals that have been or shall be published, an effective plan can be framed, fuch as completely to anfwer its purpose, it may safely be pronounced, that it will produce more benefit to this country, than has been produced by any other fingle improvement fince the union of the two kingdoms.

THE

1. THE juftices of peace, commiffioners of fup

ply, the fheriff or ftewart depute, and the firft magistrate of royal boroughs, fhall be commiffioners for making and repairing highways, bridges, and ferries, in the feveral fhires and stewarties. All the powers given by law to the juftices of peace and commiffioners of fupply with refpect to highways bridges and ferries, thall be transferred to them; and any two fhall be a quorum, except where a greater number is required by this

act.

2. The fheriff or stewart depute shall appoint the first day of meeting of the faid commiffioners, as foon as may conveniently be after the date of the act, by an intimation at each parish-church upon a Sunday at the clofe of the forenoon-fervice. And the laft Tuesday of March fhall yearly thereafter be a day of meeting at the head borough of the fhire or ftewartry, in place of the first or third Tuefday of May appointed by former acts. The commiflioners fhall appoint a prefes, convener, and clerk: and they fhall be impowered to adjourn themfelves from time to time.

3. The commiffioners, at their first meeting, shall divide the fhire or ftewartry into two or more diftricts, as they fee convenient. And if they can. not overtake this work at that meeting, they fhall appoint proper perfons to form a plan of the intended divifions, which plan fhall be reported to the commiffioners at their next meeting, in order to be approved or altered by them. This being fettled, the commiffioners fhall appoint the heritors in thefe feveral diftricts, or any three of them, to meet on a certain day and place, to make

1

lifts of the whole public roads within their refpective districts, and to fettle the order of reparation, beginning with those that are the most frequented. The proceedings of thefe diftrict-meetings must be reported to the commiffioners, at their next meeting; who are empowered to fettle the order of reparation, in cafe of variance among the heritors; and alfo to add any road that may have been omitted. And they fhall record a fcheme or plan of the whole roads in the fhire, thus enlisted, with their refolutions thereupon, to be feen in the clerk's hands gratis. But upon any juft caufe appearing in the course of administration, the commiffioners fhall be empowered to allter or vary this plan, provided it be a meeting previously appointed for that purpose, and where three fifths at least of the commiffioners are prefent.

4. If the fheriff or ftewart neglect to appoint the first meeting of the commiffioners, he fhall incur a penalty of L. 100, upon a fummary complaint to the court of feffion by any one heritor of the fhire, with cofts of fuit; the one half of the penalty to the plaintiff, and the other half to be applied by the commiffioners for the purposes of this act. If the commiffioners fail to meet at the day appointed by the fheriff or ftewart, or fail to divide the fhire or ftewartry into diftricts, within fix months of their firft meeting, the sheriff or ftewart depute, under the forefaid penalty, fhall be bound to do that work himself; and alfo to appoint the heritors in the feveral districts, or any three of them, to make lifts of the public roads as above-mentioned, and to report their refolutions to him; and he is empowered to fettle the order of reparation, in cafe of variance among the heritors. If the heritors fail to meet, and to make a lift of the roads as aforefaid, this work fhall be performed by the fheriff, or ftewart de

pute

pute himself. And he fhall be indemnified of whatever expences he is at in profecuting the faid work, out of the fums that are to be levied by authority of this act, in manner after mentioned, with an additional fum for his own trouble, to be named by the circuit-judges.

5. No perfon fhall act as a commiffioner upon this ftatute, but who has an estate within the county of L. 200 Scots valuation, or is heir-prefumptive to fuch an eftate, or is named a commiffioner virtute officii, under the penalty of L. 20 Sterling toties quoties, to be profecuted before any competent court, by a popular action, with cofts of fuit; the one half to the plaintiff, the other half to the purposes of this act.

6. Whereas the fum of 10 d. directed by the act 1669 to be impofed upon each L. 100 of valued rent, is infufficient for the purposes therein expreffed; and whereas the fix days ftatute-work for repairing the highways is in many refpects inconvenient; therefore instead of the 10 d. and instead of the statue-work, the commiffioners, together with the heritors poffeffed of L. 200 Scots of valued rent, five, whether commiffioners or heritors, making a quorum, shall annually, upon the faid laft Tuefday of March, affefs each heritor in a fum not exceeding. upon each L. 100 valued rent; the affeffment impofed on the heritors to be levied by the collector of fupply, along with the cefs, and by the fame legal remedies. The heritors are entitled to relieve themselves of the one half of the faid affeffment, by laying the fame upon their tenants, in proportion to the rent they pay; an heritor being always confidered as a tenant of the land he has in his natural poffeflion.

7. With refpect to boroughs of royalty, regality, and barony, and large trading villages, the commiffioners