may fafely 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. I. HE juftices of peace, commiffioners of fupply, the fheriff or ftewart depute, and the first magistrate of royal boroughs, fhall be commiffioners for making and repairing highways, bridges, and ferries, in the feveral fhires and stewartries. All the powers given by law to the juftices of peace and commiffioners of fupply with respect to highways, bridges, and ferries, shall 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 ftewart 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 close of the forenoon-fervice. And the last Tuesday of March fhall yearly thereafter be a day of meeting at the head borough of the fhire or stewartry, in place of the firft or third Tuefday of May appointed appointed by former acts. The commif fioners fhall appoint a prefes, convener, and clerk and they fhall be impowered to adjourn themselves from time to time. 3. The commiffioners, at their first meeting, fhall divide the fhire or stewartry into two or more districts, as they fee convenient. And if they cannot 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 these feveral diftricts, or any three of them, to meet on a certain day and place, to make lifts of the whole public roads within their refpective diftricts, 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 case 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 just cause appearing in the course of administration, the commiffioners fhall be empowered to alter or vary this plan, provided it be at a meeting previously appointed for that purpose, and where three fifths at least of the commiffioners are prefent. 4. If the fheriff or stewart neglect to appoint the first meeting of the commiffioners, he shall 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 sheriff or stewart, or fail to divide the fhire or stewartry into districts, within fix months of their first meeting, the sheriff or stewart depute, under the forefaid penalty, fhall be bound to do that work himself; and alfo to appoint the heritors in the feveral diftricts, or any three of them, to make lifts of the public roads as VOL. IV. 3 N above 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 depute 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 such 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 costs 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 the purposes therein expreffed ; and whereas the fix days ftatute-work for repairing the highways is in many respects inconvenient ; therefore instead of the to d. and instead of the statute-work, the commiffioners, together with the heritors poffeffed of L. 200 Scots of valued rent, five, whether commiffioners or heritors, making a quorum, fhall annually, upon the faid last Tuesday 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 themfelves 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 poffeffion.. 7. With refpect to boroughs of royalty, regality, and barony, and large trading villages, the commiffioners are empowered to levy from each householder, a fum not exceeding 2 s. yearly, more or less in ргоportion to the affeffment of the fhire, to be paid within forty days after notice 3 N 2 given, |