Page:The Laws and Acts of Parliament of Scotland.djvu/699

 King CHARLES the II. 125- appointed during the Moneths 0$ J tine and July, for three years next e'nfuing, for taking accompt of the faid feveral Juftices and Overfeers of the refpec%ive proportions of High-wayes committed to them, & to fine thofejuftices and Overfeers who fliall faiizic; fti'U'increafing the faids fines till they give obedience and per- form their part, and to poind therefore upon the ground of the Lands where their Goods fliall be found , with- out further folemnity. With power aifo to the faids juftices to vifit the Ferries in their Shire, and where the Ferries ly betwixt two Shires, that they correfpond with the Juftices of the other Shire, to the end they may appoint fit and fufficient Boats, and convenient Landing places; andfoto regulate all things concern- ing the Ferries, as His Majefties Lieges may be readily and conveniently ierved, and at reafonable rates , and to punifh all fuch as fhall negledt or tranfgrefs the Rules fet down be them for the effect forefaid. And becaufe the work of the inhabitants within the feveral bounds, will not be able fufficiently to repair the High-wayes and others forefaid; Therefore, His Majefty , with advice and confent of the faid Eflates, doth hereby authorize and require the whole Free-holders and Heretors of the feveral Shires, to conveen at the refpe&ivehead Burghs the faid firft Tuefday of June yearly , and to call for an accompt from the Juftices of Peace of what is needful for reparation of the High-wayes and others forefaid, and what charges and ex- penfes is requifite for promoving thereof; and for making or repairing Bridges and Ferries where they fhall be found needful, and accordingly to ftent the Heretors of the faid Shire, comprehending the Heretors of the Burrough-lands therein, in what fhall be found neceflary for the effecl: forefaid, not exceeding ten fhilfings Scots upon each hundred pound of valued Rent in one year, which is to be uplifted be the faids Juftices or whom they frail appoint, be poinding as faid is, and imployed for the ufe forefaid; and of which they fliall be oblieged to give an accompt to the faids Heretors at the next Michaelmas head Court yearly. Likeas, His Majefty, with confent forefaid, prohibits and difcharges all perfons whatfoever to break or abufe the faids High-wayes by plowing up any part thereof, laying ftones, rubbifh or dung thereon, or any way breaking or pooling the fame, orturningin, or damming water thereupon; and Ordains the Conveener of the faids Juftices at their meeting the faid firft Tuefday of May yearly, to take an Oath of the remanent Juftices and of the Conftables, of what damage they know done to the High-wayes, Bridges or Ferries finee the year preceeding, in any of the forefaid particulars prohibited , or any other, and by whom. Upon which the faids Juftices mail conveen the tranfgreflbrs, and in cafe of conviction by Oath or Witnefs , fliall fine them as they fhall fee juft, and fliall poind therefore in manner forefaid, and apply the fame for the ufe of the faids High-wayes. with power aifo to the faids Juftices, to call for an accompt of all Deftinations and Mortifications to Bridges, Caufa's, Ferries or High-wayes , andtocaufe the intrometters therewith, that have not applyed the fame to thefe proper ends, to make payment thereof to fuch perfons as they fliall appoint, to be imployed to the ufes for which the fame were deftinat. Likeas his Majefty Ordains the Conveener of the faids Juftices to give a particular accompt under his hand, of what progrefs is made in the reparation of the faids High-wayes, Ferries and Bridges , upon the third Tuefday otjuly next to come , and fo forth yearly to the Lords of his Majefties Privy Council, who are hereby impowered to grant Let- ters of Horning and Poinding for the effects forefaid, if need be. And further, his Majefty, with confent forefaid, gives power to the faid Lords of his Majefties Privy Coun- cil, to Ordain the levying of moderat Cuftoms at Bridges, Caufa's or Ferries, for the building, repairing and upholding thereof, in cafe the faid Stent fhall not be able to accomplifh the fame, and to appoint die en- durance thereof as they fhall fee caufe. With power aifo to them, that in cafe the faids juftices and Heretors failzie in the performance of the things by this Ad committed to them, fo that the High-wayes fliall not be fufficiently repaired, nor Bridges and Ferries fufficiently provided for, to take fuch courfe for making the fame effectual as they fhall judge expedient, and to punifh the faids Heretors and Juftices, as their neglecT; fhall deferve : With power likewife to the faids Lords of privy Council, to appoint and commiflionat Overfeers for putting the premifles in execution where they fhalf fee caufe; which Overfeers fo appointed, fliall have the fame power as is by this prefent Act committed to the Juftices of Peace forefaid. And farther, his Ma. jefty Ordains, that where laboured Land lyes upon the fides of High-wayes, the faid laboured Land fhall be fenced with Dike and Ditch or Hedge; yet fo as neither Dike, nor Ditch, nor Hedge, nor any part thereof, be within the forementioned breadth appointed for the High-way And in cafe any laboured Land fo lying fhall not be fenced betwixt the firft day oAuguH, one thoufand , fix hundred , and feventy one , then and in that cafe, the faids Juftices are hereby authorized and required to caufe poind in manner forefaid, the Labourers of the faid Land, for four fliillings Scots for each eln which fhall not be fo fenced after the faid time, and to apply the faid fines for the fencing thereof in manner forefaid. Likeas, it is hereby Declared * that whatfoever ftones, rubbifh , dung or other impediments beis thrown or found lying upon the faids High- wayes, or water turned in or dammed thereupon , fhall be efteemed and held as done by the Labourers of the Land next adjacent to the High-wayes where the damage is done, who fliall be fined therefore be the faid Jufti- ces and Overfeers; Referving right to the faids Labourers to call before the faids Juftices any other for their relief, who have been the real a&ors of the skaith. Q.3 ACT