caution for expenses, may present a petition to the Court of Session, to be dealt with summarily. If the complaint is found to be without probable cause, the petitioner, besides expenses, forfeits £20 to the trust (§ 117). All prosecutions must be raised within six calendar months after the cause of action (§ 118). It was found that this restriction did not apply to an action by a tacksman of tolls, against the trustees, for repetition of rent paid and damages, on the allegation that they had not implemented obligations stipulated for in the articles of roup.1

CHAPTER III.

HIGHWAYS NOT TURNPIKE.

SECT. 1.-Management.

THE following old regulations as to highways, which are not turnpikes, are in the general case superseded by local acts, but as they are not repealed by any public general statute, it is thought proper to embody them, as they may still be in force in some places. These roads, with the bridges and ferries on them, are appointed to be under the superintendence of the justices of peace and the commissioners of supply, who hold two meetings annually; the one at the time of assessing the land-tax, and the other at the Michaelmas head court. They may choose clerks, surveyors, and other officers.3 Roads must be at least twenty feet broad of clear passable road, exclusive of bank and ditch, but are not to exceed thirty feet. Any two or more justices and commissioners may examine roads, and direct them to be made of the legal width; they may also report proposed improvements, with the reasons for making them, to the next general meeting, to which occupiers of land, aggrieved by their proceedings, may likewise appeal. Where improvements beyond widening to the legal breadth are approved of by the general meeting, the damages occasioned to neighbouring occupants are awarded by a jury empannelled by the sheriff.

1 Sommerville v. Gordon, 23d December 1842.-2 1617, c. 8, § 8. 1661, c. 38. 1686, c. 8. 11 Geo. III. c. 53, § 4.-3 5 Geo. I. c. 30, § 2-11 Geo. III. c. 53, §§ 3, 5.—5 Ibid. §§ 5, 6.— Ibid. § 7.

By an old law, heritors may, at sight of the justices of peace and commissioners of supply, "cast about the highways to their convenience, provided they do not remove them above two hundred ells upon their whole ground." Such alteration must be made entirely at the proprietor's expense.2 The justices of peace alone are entitled to shut up by-roads which are rendered useless by the construction of turnpikes, or interfere with the collection of tolls on them.3 (See the preceding Chapter.)

Unless in any place where these old rules may be still in force, the management of the highways throughout Scotland is under the regulation of a numerous array of local statutes, the varied and conflicting operation of which has been in some measure neutralized by a general act passed in 1845. The act makes regulations for the proceedings of the justices or other trustees acting in the execution of any general or local act. They are bound in attending meetings to pay their own expenses, and unless there be a regulation of an opposite kind in the local act, a preses is to be chosen at each meeting, who is to have a casting vote. Any two trustees may call a meeting or require the clerk to do so. No resolution can be revoked or altered, unless notice have been given at a previous meeting, and entered in the minutes, and transmitted to every trustee not then present who was present when the resolution was passed. An intimation must also be advertised twice in some newspaper circulating in the district ten days before the meeting. 6

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Officers.-The trustees are to appoint all the necessary salaried officers, who must not have any interest in a contract relating to the trust, under penalty of £20.7 Trustees may pursue and defend actions by their clerk or treasurer.

The trustees are to keep minutes and books, in which the incidental are to be separated from the ordinary expenses, and the sums due by and to the trust are to be stated. The accounts must be made up annually, including all transactions preceding a month before their date, and audited and signed by two trustees, or their preses if more than two be present.9 An abstract must be published in the newspapers within a month after the auditing and signing, and any person who has paid commutation money may have access to the accounts on payment of a shilling. An official failing

1 1661, c. 41. 1685, c. 39.- Tait's J. P. 198.-3 1 & 2 Wm. IV. c. 43, 70.8 & 9 Vict. c. 41, § 2-5 Ibid. § 3.—6 Ibid.—7 Ibid. § 4.— Ibid. 5.- Ibid. § 6.

in these injunctions, or refusing access to the accounts, forfeits a sum not exceeding £5 to any one who will prosecute.1

The act embraces regulations for facilitating the altering, making, and repairing of the high roads, by enabling the trustees to appropriate lands, to take materials, &c. which are substantially the same as those applicable to turnpike roads.*

SECT. 2.-Statute Labour and Commutation Money.

By the old law, which is probably not now in practice in any part of the country, the appointed source from which the highways are constructed and kept in repair, is the statute labour. The persons who have to afford the labour are the industrial tenants of the district, including not only those employed in agriculture, but those within burgh, "e. g. shopkeepers, weavers, masons, wrights, coopers, smiths, and even sailors who are fishers, or ply in passage boats, but not those who go upon foreign voyages or coastways, and even apprentices to artificers in towns." 113 The periods for which labour is exigible are three days before the expiry of the month of June, not being in seed-time, and three days after harvest.4 The justices and commissioners, or their overseers, appoint the periods, and give notice from the parish churches on the Sundays immediately preceding. Those who absent themselves without providing substitutes are liable to a penalty of 1s. 6d. for each day. The labourers must bring with them the necessary tools. Where the ways are at a distance from those liable to repair them, the labour may be commuted into payment of 18s. scots yearly.7

By the numerous local commutation road acts, statutory arrangements for computing the labour into a money charge have been extended through the country. Many complaints were made of the unequal or harsh pressure of the tax, and some general regulations for amending it form part of the

act of 1845.

By that act, on the narrative that it is inexpedient to continue personal service, or to levy the conversion of it as a poll tax, trustees are empowered at any general meeting, "if they shall think fit," to pass a resolution for such abolition. By a positively restrictive clause of the act, no conversion

4

8

18 & 9 Vict. c. 41, § 7.-* See above, p. 224.-2 5 Geo. I. c. 30, § 3. Tait's J. P. 200. See Barclay's Law of the Road, 90, et seq.- 5 Geo. I. c. 30, § 3.- Ibid. § 4.-6 1669, c. 16. 1670, c. 9.- Ibid. 8 & 9 Vict. c. 41, § 14.

or labour is to be required of any one who is not proprietor or occupant of some heritable subject worth £2 a-year.1 If their local act direct the tax to be levied on occupants, power is given to the trustees to assess the proprietors, where the tenants are exempt by reason of the holding being worth less than £2 a-year.2 It is made competent for the trustees convened at a meeting duly notified, to grant exemptions to persons whose holdings are not above £5.3 To make up for deficiencies caused by these exemptions, the trustees may make an additional assessment, half to be levied on owners and half on occupants, who are entitled to deduct the payment from their rent. The annual value of holdings may be ascertained either under the arrangements of the local act, or by the method enacted in the prison discipline act; or, if they think fit, the trustees may take the amount ascertained under that act as the rule.5 In addition to the methods of recovery that may be provided by the local act, sums under £8, 6s. 8d. may be sued for in the sheriff's small debt court.6

SECT. 3.-Regulations for the Use of the Roads.

*

The proprietor of every vehicle must have his name and residence painted on it in different colours from the body of the vehicle, with the number, where the same person owns more than one, under a penalty not less than 5s. or more than 20s. Where there is a change of owners, a corresponding alteration must be made within fourteen days, under a similar penalty. A false name renders the party liable to a penalty of 40s. A chaise-driver sitting in his chaise without having another person to drive it, and the driver of any cart or waggon getting on the vehicle without having another person to drive it (unless where there is one horse, or two horses abreast, guided by reins), within six miles of Edinburgh, four miles of Glasgow, or two miles of any other town; and a driver causing any mischief or obstruction, or when mounted on his cart (in places where that is not prohibited) refusing to descend on the demand of any person apprehending danger, forfeits a sum not exceeding 20s. if he is owner, and not exceeding 10s. if he is not so.10

In the following cases a sum is forfeited not less than 5s. or more than 20s. :-Where persons drive carts or horses

1 18 & 9 Vict. c. 41, § 10.- Ibid. § 12.-3 Ibid. § 11.- Ibid. § 13.See above, p. 186.5 8 & 9 Vict. c. 41, § 15.- Ibid. § 9.-7 12 Geo. III. c. 45, § 1. Ibid. § 3.-9 Ibid. § 4.-10 Ibid. § 5.

abreast, or do not (when driving two or more) connect them with each other in line by ropes attached to their bridles: Where persons leave unyoked carts on the road (except during a reasonable time for loading or unloading), or deposit rubbish, dead horses, or other nuisances; and where the drivers of vehicles passing each other do not each keep to his own left hand.1

Offences are to be tried before the sheriff, justices, or magistrates, who, if the vehicle belong to the offender, on the penalties not being paid, or security found for them within twentyfour hours after conviction, may order it to be sold, and if it does not belong to the offender, may immediately commit him to prison for a period not exceeding two months. Persons seeing offences committed may seize the offenders and their vehicles, and if they resist or maltreat the person seizing, they are liable to a penalty of 20s.2

Besides these regulations of the older acts, the regulations above stated under the titles "rules as to neighbouring occupants," and "nuisances, impediments," &c., as well as the method of prosecution for penalties incurred, have been adapted from the turnpike road act to the commutation roads.3 3

CHAPTER IV.

ROADS THROUGH PRIVATE PROPERTY.

SECT. 1.-Constitution of Servitude Roads.

There are roads, besides turnpike roads and those under the management of the justices and commissioners, viz. those which pass through private property, and which have neither been appropriated by, nor are under the management of, public bodies, excepting in as far as they may interfere with turnpikes and the collection of tolls. The right to use these roads, though as we shall presently see it is in many cases a public right, is denominated a Servitude, on the presumption that it is enjoyed only by a limited number of persons as an accessory of property.

112 Geo. III. c. 45, §§ 6, 7, 8.—- Ibid. §§ 9, 10, 11.—3 8 & 9 Vict. c. 41. See above, p. 228, et seq.