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 sheriff or ftewart 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 firft meeting, the sheriff or stewart depute, under the foresaid 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 case 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 stewart 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 commissioner upon this ftatute, but who has an estate within the county of L. 200 Scots valuation, or is heir-prefumptive to fuch an estate, 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 ftatute-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 imposed 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 said 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 respect 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 proportion to the affeffment of the fhire, to be paid within forty days after notice

any

given, under the penalty of double, befides expence of procefs. Provided, that of these householders who have country-farms, by which they contribute to relieve their landlords as above mentioned, fhall be exempted from this part of the affeffment.

8. If the commiffioners and heritors neglect to affefs their fhire, or name fo fmall a fum as to be an elufory affeffment, insufficient to answer the purposes of this act, the court of jufticiary, or the circuitjudges, are in that cafe empowered and required to lay on the highest affeffment that is made lawful by this act. In case of a total omiffion, the commiffioners and heritors who, by neglecting to convene without a good caufe of abfence, have occafioned the faid omiffion, fhall be fubjected each of them to a penalty of L. 20 Sterling. And to make these penalties effectual, the truftees for fisheries and manufactures are appointed to fue for the fame before the court of feffion, and to apply the fame, when recovered, to any useful purpofe within the fhire, especially to the purposes of this act. And to preserve the faid fines entire for the pu

blic fervice, the trustees fhall be entitled to cofts of fuit.

9. The fums levied as aforefaid fhall be laid out annually upon the highways, bridges, and ferries, for making, repairing, or improving the fame; proceeding regularly with the reparation according to the scheme or plan ordered as above to be fettled in each fhire and stewartry.

10. With refpect to roads that are not the first in order, and for which there is no interim provision by this act during reparation of the more frequented roads, the commiffioners are empowered to exact from cottars and day-labourers their statute-work according to the acts presently in force, to be applied to these secondary roads. The ftatute-work is not to be demanded unless for this purpose; and is to cease totally after the highways have, by means of the prefent act, been once totally repaired.

11. The commiffioners and heritors, at all their meetings, fhall bear their own charges.

12. The claufe in the act 1661, empowering heritors, at the fight of the sheriff, to caft about highways for their convenience,