Permission to inspect Ac counts. Proceedings for commence Mode of recovering Conversion Money. 7 W. 4. & 1 Vict. c. 41. No Person liable to work or pay who Lands, &c. Accounts shall be annually thereafter made up, and shall in lik Manner be audited and signed within One Month from the Tim to which they are so made up; and after the First Year from an after the passing of this Act it shall not be lawful for any Perso whatsoever to act in any way in the Collection of another Year Conversion until such Accounts shall have been made up, audited and signed as above directed. VII. And be it enacted, That any Person, having performe Service or paid the Conversion in Money or Assessment for past or current Year, may see and take a Copy of the sai Accounts or any Part thereof on paying One Shilling to Clerk or Treasurer for each Time of Inspection; and an Abstra of such Accounts shall be printed and published annually in least One Newspaper usually circulated in the County or District where the Road or Roads or principal Part thereof shall be, wit One Month after the said Accounts are audited and signed aforesaid; and any Clerk or Treasurer neglecting to make up refusing or not permitting Inspection of such Accounts as afore said, or failing to print and publish the Abstract thereof aforesaid, shall forfeit and pay a Sum not exceeding Five Pounds to any such Person who shall prosecute for the same, with the Expences of Process or Proceedings. VIII. And be it enacted, That it shall not be lawful to com mence any legal Process or Proceeding for the Recovery of any Sum due or leviable as Conversion of Statute Service, or Assess ment in lieu of such Conversion, for making or maintaining any Highway, Bridge, or Ferry, after Six Months from the Time when the said Sum shall have become leviable; and in all Cases previous Demand shall be made Thirty Days before commencing suc Process or Proceeding. IX. And be it enacted, That it shall be competent to recover any Sum under One hundred Pounds Scots due or leviable as aforesaid for making or repairing any Highway, Bridge, or Ferry, according to the Provisions of an Act passed in the Seventh Year of King William the Fourth and in the First Year of Queen Victoria, intituled An Act for the more effectual Recovery of Small Debts in the Sheriff Courts, and for regulating the Estab lishment of Circuit Courts for the Trial of Small Debt Causes by the Sheriffs in Scotland, any thing to the contrary in any local Act notwithstanding: Provided always, that nothing herein con tained shall in any way alter or affect any Enactment or Provision in any local Act relative to Warrants for Poinding for the Purpose aforesaid, or any Proceeding consequent thereon, saving and excepting that it shall not be competent after the passing of this Act to imprison any Person for Nonperformance of Statute Labour, or Nonpayment of the Conversion thereof or Assessment in lieu of such Conversion. X. And be it enacted, That from and after this present Year One thousand eight hundred and forty-five it shall not be lawful to require any Person, not being the Proprietor or Occupier of does not possess Lands, Buildings, or other Heritable Subjects of the yearly Value of Two Pounds or more, to work or perform Statute Service on any Highway, Bridge, or Ferry, or to exact or levy Money from any such Person as Conversion of Statute Service, valued at 21. yearly, or otherwise for for making or maintaining any Highway, Bridge, or Ferry; and all Warrants for Poinding or Imprisonment, and other legal Proceedings whatsoever, against any such Person as aforesaid, on account of Nonperformance of such Work or Service, or Nonpayment of such Money or Conversion, are hereby prohibited and discharged, saving and excepting such Proceedings as shall have been commenced before the last Day of December One thousand eight hundred and forty-five, which, notwithstanding any thing herein contained, may be continued and carried on in all respects as if this Act had not been passed. who do not possess Lands, above 51. XI. And be it enacted, That it shall and may be lawful for all Power to exsch Trustees at a General Meeting assembled, on previous Notice empt Persons of such Purpose being given as above directed, from Time to Time to fix and determine any Amount of yearly Value of Lands, &c. valued Buildings, and other Heritable Subjects not under Two Pounds #and not above Five Pounds, to the Proprietors and Occupiers of which such Trustees shall think fit to extend the said Exemption in any County or District of a County; and it shall not thereafter be lawful to require any Person, not being the Proprietor or FOccupier of Lands, Buildings, or other Heritable Subjects of a yearly Value above the Amount so fixed, to work or perform Statute Service on any Highway, Bridge, or Ferry, or to exact or levy Money from any such Person as Conversion of Statute Service or otherwise for making or maintaining any Highway, Bridge, or Ferry. instead of Tenants. XII. And be it enacted, That in all Cases in which, by Autho- Proprietors in rity of any local Act now in force, Money, as Conversion of certain Cases Statute Service, or Assessment in lieu thereof, is authorized to be to be assessed assessed on Lands, Buildings, or other Heritable Subjects, and is payable in whole or in part by the Occupiers or Tenants of such Lands, Buildings, or other Heritable Subjects, it shall and may be lawful to assess upon and recover from the Proprietor of any such Lands, Buildings, or other Heritable Subjects such Money, or Part thereof, as the Trustees appointed by such local Act may think proper, so payable by any Occupier or Tenant thereof, who is not Occupier or Tenant or Proprietor of Lands, Buildings, or Heritable Subjects of the yearly Value in the whole of Two Pounds: Provided always, that if all the Lands, Buildings, or other Heritable Subjects belonging to such Proprietor shall not be of the yearly Value of Two Pounds, no Part of such Money shall be assessed upon or recovered from such Proprietor. Act may be levied in any XIII. And be it enacted, That in all Cases in which any Assessments Sum of Money heretofore exigible (as Conversion of Statute Ser- ceasing by this vice, or Assessment in lieu thereof, shall under this Act cease to be so exigible, it shall be lawful for all such Trustees at County upon a General Meeting assembled to assess in any County or District all Lands, &c. of a County any Sum not exceeding the Amount of the Conver- not herein-besion or other Money which by reason of this Act shall cease to fore exempted. be exigible, and to cause the same to be levied upon all Lands, Buildings, and other Heritable Subjects not herein-before exempted from Assessment, or to be added to the Sums otherwise assessable by any local Act, and that notwithstanding the Rate of Assessment should be thereby raised above the maximum Amount authorized by such local Act; and all such Sums so assessed or added shall Levying of Poll Tax to cease. Trustees to ascertain the annual Value of Lands, &c. assessed. shall be levied and applied in the same Manner as the Money might have been levied and applied in lieu of which the said Sums are assessed; and all such Sums shall be payable, one Hall by the Owners, and the other Half by the Occupiers of the Lands, Buildings, or other Heritable Subjects so assessed; and it shall be competent to levy from the Occupiers the Half payable by the Owners, and such Occupiers shall be entitled to deduct such Half from the Rent payable to the Owners or other Parties having Right to such Rent, XIV. ‘And whereas it is expedient to abolish the personal Performance of Statute Service, and the levying of the Conver sion thereof in Money, or any Assessment in lieu of such • Conversion, as a Poll Tax ;' be it enacted, That from and after this present Year One thousand eight hundred and forty-five it shall and may be lawful for all such Trustees at a General Meeting assembled, if they shall think fit, to order and direct that in any County or District of a County all such Performance of Statute Service, and all such levying of Conversion or Assessment in lieu thereof, shall cease and determine. XV. And be it enacted, That in the Case of such Assessment being laid upon Lands, Buildings, and Heritable Subjects as aforesaid, the annual Value thereof shall be ascertained by such Trustees in manner prescribed by the local Acts now in force, or in such and like Manner as the annual Value of Lands, Buildings, and Heritable Subjects is authorized and directed to be ascertained in Counties and Burghs respectively under and by virtue of an Act passed in the Second and Third Years of the Reign of Her 2&3 Vict. c. 42. Majesty Queen Victoria, intituled An Act to improve Prisons and Prison Discipline in Scotland; and it shall be lawful for such Trustees, if they shall think fit, to assume the Amount ascertained as the annual Value of such Lands, Buildings, and Heritable Subjects in Counties and Burghs respectively, under the said recited Act, to be the Amount on which the Assessment hereby authorized to be levied may be levied for the Purposes of this Act. Proprietors not exempt from Debts due to Trustees under any other Act. Wadsetters, &c. to be held Proprietors. XVI. And be it enacted, That nothing herein contained shall extend or be deemed or construed to extend to prevent the commencing any legal Process or Proceeding for the Recovery of any Debt or Debts, Sum or Sums of Money, with Interest thereon, allocated and apportioned by virtue of any Act of Parliament now in force upon any Proprietor or Proprietors of Lands, Heritor or Heritors, according and in proportion to the real or valued Rents of such Lands within any County, and now due and owing by any such Proprietor or Proprietors, Heritor or Heritors, to any Trustees acting by virtue of any such Act of Parliament, but all such Debts, Sums of Money, and Interest thereon, may be recovered in the same Manner, to all Intents and Purposes, as if this Act had not been passed. XVII. And be it enacted, That all Liferenters and Wadsetters shall be deemed and held to be Proprietors for all the Purposes of this Act; and that where any House has been or shall be built by any Tenant under a Building Lease, such Tenant, and his Heirs and Assignees, shall for the Purposes of this Act be deemed and taken to be Proprietor of such House. XVIII. And Materia's. XVIII. And be it enacted, That it shall be lawful for all such Power to get Trustees, or any Person authorized by them, to search for, dig, and carry away Materials for making or repairing any Highway, Bridge, or Ferry, or for building, making, or repairing any Work connected therewith, from any common Land, open uncultivated Land, or Waste, or to deposit Mud or Rubbish thereon, without paying any Surface Damages or any thing for such Materials, except for Stone to be used for building, and to carry the same through the Ground of any Person; such Trustees, or other PerBons authorized by them, filling up the Pits or Quarries, levelling the Ground wherefrom such Materials shall be taken, or fencing of such Pits or Quarries, so that the same shall not be dangerous to any Person or Cattle, and paying for or tendering the Damage done by going through and over any inclosed or arable Lands for or with such Materials, Mud, or Rubbish, such Damages to be ascertained as herein-after mentioned; and also that it shall be lawful for such Trustees, and other Persons authorized by them as aforesaid, to search for, dig, and carry away any such Materials in or out of the inclosed Land of any Person where the same may be found, and to land or carry the same through or over the Ground of any Person, (such Materials not being required for the private Use of the Owner or Occupier of such Land, and such Land or Ground not being an Orchard, Garden, Lawn, Policy, Nursery for Trees, planted Walk or Avenue to any House, nor inclosed Ground planted as an Ornament or Shelter to a House, unless where Materials have been previously in use to be taken by the said Trustees,) making or tendering such Satisfaction for Stones to be used for building, and for the Satisfaction. Surface Damage done to the Lands from whence such Materials shall be dug and carried away, or over or on which the same shall be carried or landed, as such Trustees shall judge reasonable; and in case such Trustees and the Proprietor or Occupier of such Lands shall differ as to the Amount of such Payments and Damages as aforesaid, it shall be competent to the Sheriff or Justices of the Peace for the Shire wherein the Place from whence such Materials shall have been taken, or on which the same shall have been landed or carried, shall be situate, on the Application of either Party, with Induciæ of Six Days, to hear and determine all Questions as to the Amount of such Payments and Damages, and the Expences attending the same: Provided always, that Notice to be before taking such Materials from any inclosed Land from which given before the same shall not previously have been in use to be taken, Four- Materials are teen Days previous Notice in Writing, signed by Two Trustees, inclosed Lands. shall be given to or left at the usual Residence of the Proprietor and Occupier of the Land or Quarry from which it is intended to take the same, or his or her known Agent, to appear before the Sheriff or any Two Justices of the Peace acting for the Shire where the said Lands are situate, to show Cause why such Materials shall not be so taken; and in case such Proprietor, Occupier, or Agent shall attend pursuant to such Notice, or shall neglect or refuse to appear (Proof on Oath in such Case being duly made of the Service of such Notice), such Sheriff or Justices shall authorize or prohibit the Trustees to take such Materials, or make such Order as they shall think fit. XIX. And taken from Penalty on taking away Materials pro vided for repair ing Highways, Bridges, or Ferries. Power to use adjoining Ground as a temporary Road. Trustees to make Side Drains. Trustees may XIX. And be it enacted, That it shall not be lawful for any Person to take away any Materials which shall have been procured or provided or used for making or repairing any Highway, Bridge, or Ferry, or to take any Materials out of any Quarry which shall have been opened by any such Trustees for the Purs pose of getting Materials, so as to interrupt or interfere with the Workings carried on by such Trustees; and every Person so offending shall for every such Offence forfeit and pay any Sum not exceeding Five Pounds. XX. And be it enacted, That it shall be lawful for all such Trustees to make a Road through the Grounds adjoining to any ruinous or narrow Part of any Highway (not being an Orchard, Garden, Lawn, Policy, planted Walk or Avenue to any House, or Nursery for Trees), to be made use of as a public Highway whilst the old Road is repairing or widening, making Recompet to the Proprietor and Occupier of such Grounds for the Damages. they may thereby sustain; and in case such Trustees and such Proprietor or Occupier shall differ as to the Amount of such Damages, it shall be competent to the Sheriff or Justices of the Peace for the Shire where such Damages or any Part thereof shall have been incurred, on the Application of either Party, with an Induciæ of Six Days, to hear and determine all Questions as to the Amount of such Damages, and the Expences attending the same. XXI. And be it enacted, That it shall be lawful for all such Trustees to make sufficient Side Drains on any Highway, with Power to conduct the Water therefrom into any adjoining Land Ditch, or Watercourse (such Land not being the Site of any Hous or Garden), in such Manner as shall be least injurious to the Proprietor or Occupier of such Land, the said Side Drains to be maintained at the Expence of the Trustees. XXII. And be it enacted, That it shall be lawful for all such make Ditches. Trustees to make sufficient Ditches along the Side of any Highway, provided that if the Land is inclosed on the Side of such Highway such Ditch shall be made on the Field Side of the Fence, and also to make proper Ditches and Outlets from the said Side Ditches through any Lands adjoining any such Highway (not being the Site of any House or Garden), in such Manner as shall be least injurious to the Proprietor and Occupier of such Land; and the Occupier of such Land (unless such Land be uninclosed and waste) shall be obliged in all Time thereafter to keep clear such Side Ditches and other Ditches or Outlets, as well as all such Ditches already made along the Sides of any Highway, when so required by the said Trustees or their Surveyor; and in case the Proprietor or Occupier shall neglect or refuse to cleanse such Side Ditches or other Ditches or Outlets, when duly required by such Trustees or Surveyors, such Trustees or Surveyors are hereby empowered to cleanse such Side Ditches or other Ditches or Outlets, and levy the Expence thereof from the Occupier of such Grounds: Provided always, that nothing herein contained shall prohibit any Proprietor or Occupier from substituting, to the Satisfaction of the Trustees, any other equally effectual Ditch or Outlet in place of that constructed by the Trustees. XXIII. And |