toll the faid commiffioners may borrow money, to be employed wholly upon the bridge or ferry where the toll is gathered. But before borrowing the money, an eftimate must be made of the expence of the work. After the work is finished, the fum bellowed 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 muft declare the bridge or ferry to be free.

17. The determinations of the commiffioners fhall be final, unlefs complained of in manner following.

18. If any heritor apprehend that undue preference is given to a certain highway, or conceive himself aggrieved by an 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 judg, ment upon fuch complaint fhall be final. But fuch complaint fhall only be effectual for damages, and fhall not tay execution of the work. At the fame time, nó 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, unlefs as far as altered by this act.

20. An annual ftate of what is done by virtue of this act, made up by the commiffioners, or their clerk, fhall, before the laft Tuefday of March, be laid before the trustees for fisheries and manufactures, in order to be made a part of their annual report to the King; and thefe trustees fhall direct proper perfons to infpect 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 fet on foot, and profecute what redress is competent in law or equity, provided the profe cution be commenced within a year after the offence.

Query, Ought not broad wheels to be required?

CONSIDERATIONS ON THE PRECEDING PLAN.

The laws in Scotland relating to this branch of public police, are numerous; fome enacted while Scotland was a feparate kingdom, some after its union with England. It is not the purpose of this paper to enter into a detail of the various regulations eftablished by thefe laws: they are generally known; and in the late abridgment of our ftatute-law, they are all recapitulated with brevity and precifion. It fhall fuffice curforily to obferve, that the acts made during the reign of Charles II. formed the groundwork of our regulations concerning highways: the latter 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 thofe who are employed in husbandry; and accordingly, the fix days annual labour is, in the ftatutes of Charles II. impofed upon them only.

This was a measure not ill suited to the ftate of Scotland at that period. During the laft century, we had little inland commerce to require good roads, except that of corn carried to market; and for that reafon, it was natural to impofe upon husbandmen the burden of repair. ing highways. These perfons, at the fame time, paffing the whole fummer in idlenefs, unlefs when called to perform perfonal fervices to capricious and unfeeling landlords, could not think it a hardship to have fome part of their time employed in ferving themselves inftead of their landlords.

That annual labour upon highways, limited to a few days, fhould be required from men in that condition appears not unjuft. And why may we not suppose the legiflature at that time capable of fuch enlarged views, as to prefer this method for repairing highways, in order to bring on gradually a habit of labour and induftry? But the condition of Scotland at prefent differs widely from what it was in the reign of Charles II.; and the regulations for repairing highways which were then proper, have by alteration of circumstances, become both unjust and in, expedient,

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Unjuft they have become in a high degree. Inland commerce, which begins to flourish in Scotland, is greatly promoted by good roads; and every dealer, and indeed every traveller, profits by them. But no men are lefs interested in good roads than day-labourers, or those who are commonly called cottars; and yet these chiefly are burdened with the reparation. Such men, at the fame time, having commonly many children, find it difficult to support their families, even with their utmost industry. Nothing can be more unjuft, than to impofe upon fuch men an annual tax of fix days labour for repairing roads, the goodness of which contributes little or nothing to

their convenience.

In

Our prefent laws are inexpedient, as well as unjust. In the first place, a tax of this nature difcourages the propagation of children, in which the ftrength of a state confifts: the poor labourer ought to be encouraged with a reward, inftead of being difcouraged with a tax. the next place cottars called out to perform the ftatutework, obey with reluctance; and trifle away time without doing any thing effectual. To enforce the law, and to compel fuch men to labour, is grievous to the gentlemen who are empowered to execute the law: they cannot punish with rigour or firmnefs, men who have fo good reafon to decline the fervice: they are foon difgufted with being taskmasters, and the generality defift altogether.

Laws concerning private property are always kept in obfervance, and they execute themselves, as is commonly expreffed, because there are always a multitude of individuals ftrongly interested to have them executed. But in making public laws, the great difficulty has ever been, to lay down effectual measures for putting them in execution; and by what means to make fuch laws execute themselves is one of the most intricate problems in politics. Our laws concerning highways, are eminently defective in that refpect and accordingly, though most of them have exifted near a century, they never have at any period been executed to any extent. Take the following fpecimen, among many that may be urged of this defect. Over

feers are forced into fervice under a penalty, in order to compel the peafants to perform faithfully their fix days labour. To hope any good from a reluctant overseer fet over a fet of reluctant labourers, is a fond conceit : it is much if his refentment tempt him not to encourage their idlenefs. In vain would we expect, that any overfeer, without a fuitable reward, will exert himself in promoting the work.

To remedy the hardship of laying the burden of reparation upon those who are least able and least benefited, and at the fame time to make this remedy effectual, is the pur pofe of the foregoing plan. And upon confidering the matter in its different views, the only method that promises fuccefs, appears to be a county-tax laid upon land according to the valuation, and a capitation-tax on the inhab tants of boroughs. Thefe taxes relieve the labouring poor, and lay the burden where it ought to be laid and the law will execute itself, if that effect can be hoped from any public law. Effectual measures are laid down for levying the tax and, if once levied, there is no danger of its being allowed to lie unemployed in the hands of the collector; for every heritor will be anxious to have fome part employed for his benefit. The danger will rather be of factious difputes about the diftribution. This danger alfo is attempted to be prevented; and, it is hoped, with fuccefs.

Some narrow-minded perfons may poffibly grudge a tax, that loads the prefent generation for the advantage of those who come after: but is it rational to grudge, that others fhould benefit by measures evidently calculated for advancing our own intereft? Let us fuppofe, that the heritors of a fhire were to concert measures in common, for improving their lands to make good roads would be one effectual meafure; for fuppofing the raparation to colt L. 5000, their eftates would be bettered double that fum.

To conclude: It is not to be expected that any regula tions concerning highways, or concerning any branch of Police, can be fo framed as to pleafe every individual. Wife-men are practicable men, to use an expreffion of Lord

Bacon, and will make conceffions in order to promote a general good, if without fuch conceffions it cannot be obtained. Better far to have a good, law though in our opinion defective in fome articles, than to have no law at all, or, which is worse, a law eminently defective, unjuft, and inexpedient.

FINIS