SCHEME,

PROPOSED FOR

REPAIRING the HIGHWAYS in Scotland,

BY AN

ASSESSMENT in Money, in Lieu of the fix
Days STATUTE WORK.

IT is the opinion of some people, that the laws now in force, for repairing the highways in *Scotland*, are insufficient for that purpose.

That, for the future, the highways be repaired by an affe-
fflement in money, in lieu of the fix days statute work.

And the following propositions are offered as general heads of
a bill to be brought into parliament:

I. That all tenants and heritors, occupiers of lands, be lia-
bie to an affeſſment, in lieu of the fix days work, of their hor-
fes, carts and ſervants, with an exception of ſmall tenants, pof-
ſeſſing lands under a certain rent, or valuation of the lands ſo
occupied by them, not exceeding a certain ſum for each of the
fix days.

II. That all hoſſholders, cottars, and labouring men, and all
others who gain their livelihood by any trade or occupation
whatsoever, as well to *burgh as landward*, be liable to an affeſſ-
ment, in lieu of the fix days perſonal labour; and that this af-
ſeſſment be levied on all ſuch perſons, according to certain claſ-
fes; ſo that the loweſtclaſs ſhall not be affeſſed above
for each day's labour, nor the higheſtclaſs above
each day.

for

III. That

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III. That the justices of peace, commissione
of supply, and
heritors of each parish have the power of ascertaining the rent or
valuation of the lands occupied by the several tenants and heri-
tors; and also the power of determining to what class each other
person within the parish shall belong, with a power of exemp-
ting the poor from any class.

ing the poor from any class.
IV. That the like power be granted to the magistrates and
council of the royal burrows within their liberties.
and

council of the royal burrows
V. That a certain proportion of the affe
in each parish, be applied for repairing the mo
within each parish, and that the remainder be applied for
ing the most public highways of the county, and to be under the
management and direction of the justices of peace, and commif-
fioners of supply.
and

VI. That the freeholders and heritors, at their annual meeting,
be empowered to fit out the land for making bridges, and repair-
ing the highways, not exceeding—on the 100 l. valued rent.

REMARKS

P153

REMARKS
UPON THE

RESOLUTIONS of a Committee of the House of COMMONS,
for amending the HIGHWAYS in Scotland, by an affellment of
money;

WITH
A SCHEME for rendering the fame effectual by the STATUTE
LABOUR:

TO WHICH ARE ADDED,
Two MEMORIALS relative to the LAWS for preventing MUIR-
BURN, and for preferving GROWING TIMBER in Scotland..

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## REMARKS upon the Refolutions of a Committee of the House of Commons, for amending the Highways in Scotland, by an Affectment in Money, in Lieu of the fix Days Statute Labour.

THE attention of the honourable house of commons to this subject, merits the gratitude of the people. It is evident, that the laws have been hitherto ineffectual which relate to the highways in this kingdom; but to substitute an affectment in room of the said laws, will (it is humbly apprehended) prove highly improper, render this useful and necessary work more tedious, and will become most odious and hurtful to the people.

The chief argument adduced in support of the proposition, is, That two pence is an easy composition for a day's labour; an argument which is plausible and specious in appearance, but wholly fallacious in fact.

The flatute labour is fix days yearly, which at two pence, according to the scheme proposed, becomes an annual tax of one shilling Sterling, upon each labouring man, and more in proportion on others, according to their circumftances:—Thus, will arise a capitation, or poll tax, exceeding half the amount of that of the land tax, at its highest extent.

No man can fuppose, that more money will be applied, than what is actually levied; yet admitting the whole frugally expended, and the work well executed, the people will do more by the flatute labour, in one year, than it is probable to effect by the tax, in three or four, three or four two pences being only equal to a day's pay of one hired labourer: But as there must be directors, collectors, furveyors, overleers, &c. when their salaries are deduced from the money levied, the remainder of this tax will afford but a few labourers to do the work, and the progreſs made therein will appear extremely trifling, even in a course of several years, in comparison to what it will do in one year, under the direction of the justices of the peace, and the commiffioners of supply.

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supply, who are required by law to superintend the work, and are the perſons most deeply interested in getting the fame ſpeedily and properly performed.

The moſt neceſſary roads in every county may be completed by the fix days flatute labour, in one year or two; and through the whole kingdom, in three or four years at fartheſt; and when once made, may be kept in repair by the labour of one or two days yearly: Whereas, it is manifeſt, that the money proposed to be levied by this tax, will be found inſufficient to carry on the public work, an additional one will be impoſed, under pretence of rendering the first more uſeful, and the money arifing from both will be mifapplied, as party connexions, clanſhips, or other affections may direct.

It is proposed by the ſcheme handed about in this country, to aſſeſ each man in proportion to his property; in order to which, a strict examination is to be made into the circumftances and eſtate of every individual; a meaſure always thought unreaſonable in a trading country, particularly hateful in this; and which may be a wide step to a revaluation of the ſeſe kingdoms: An attempt which can hardly fail to be productive of conſequences very dangerous to the public peace and welfare.

Such a tax, when once impoſed, will undoubtedly continue many years, and probably the work will never be accomplished: Whereas, the common people have been ever both ready and willing to make all uſeful roads within their own parishes and neighbourhood; nor will they think it either a hardſhip or loſs, to give their attendance after the feed time, and before the harveſt: But they may with great reaſon object to pay their money to carry on works, which they have both ſkill and inclination to perform themſelves.

B

A SCHEME

8

SCHEME, &c.

rith overfeers, as aforefaid, give them the necessary instructions, and exereife such other powers as they fhall be authorized to do by this law.

Any member of the deputation, who fhall neglect to attend the meetings ordained by law, or thofe appointed by adjournment, fhall be subject to a penalty of pounds Sterling.

Art. IV. The general meeting fhall appoint one of their own number; or other perfon lawfully conftituted, one for each parifh in the country, who fhall act as principal overfeers thereof, serve in that fation without fee or reward, for one whole year, fubject to a penalty of pounds Sterling, if he fhall refuse to accept, or neglect to perform the fervices required from him by this law.

In which cafe, or if an overfeer ſhall leave the country, or happen to die before the expiration of the year, the deputation ſhall name others, who ſhall be ſubject to the like penalty; regard being always had, that the fame perfon be not appointed to ſerve in two parifhes at the fame time.

The ſaid overfeer ſhall SURVEY all the highways and bridges within the parifh, and give in a particular and true account in writing to the deputation, at their firſt meeting after his appointment, of any defects he ſhall obſerve in the fame, or improvements which he finds might be made on the ſaid highways and bridges; as alfo, of any nuſances or encroachments committed thereon.

He ſhall receive and carefully follow the inſtructions of the deputation, ſhall name his inferior overfeers, cauſe ſummons the people to the work at the proper ſeafon, and keep a regular journal, ſpecifying the roads wrought upon; the number of men and horſes employed; the quality of the ground; and the work accomplished each day. All which he ſhall report to the deputatiſon at their firſt meeting, after the people ſhall have performed their tasks for the year. Which report ſhall be entred by the clerk,

OBSERVATIONS and QUOTATIONS, &c. 8

the firſt Tuesday of June, and from fortnight to fortnight thereafter, thro' June and July, when they are to take an account from the ſeveral juſtices and overfeers, of the ſtate of the roads, which were committed to their charge, in order to know what has been done thereto, and to fine ſuch of them as ſhall be found to have been negligent in the diſcharge of their duty. But left it should be thought unneceſſary, or too burthenſome to appoint general meetings of the juſtices and commiſſioners, to take cognizance of theſe matters, it is propoſed to delegate their authority to a deputatiſon choſen from amongſt themſelves.

Shall be ſubjeſt to a penalty, &c.) Lefſ than 2 l. Sterling, it is apprehended, will not compel attendance in this cafe.

The general meeting, &c.) The perſons to whom the execution of the laws, relative to the roads in Scotland, are committed, are ordained to name ſuch of their own number, or others, overfeers of ſuch parts of the ſaid roads, as have their ſefidence neareſt thereto.

Subjeſt to a penalty, &c.) By Stat. ann. 5. George I. ch. 30. Perſons refuſing to act as overſeers, are ſubjeſted to a penalty of ſive Pounds Sterling. But, left gentlemen, from an unwillingneſs to direct works they may have been unacceſſomed to, or from any other motive, ſhould refuse to act as parifh overſeers, it is propoſed to make the penalty ten pounds Sterling; ſince the chief intention of the law will be defeated, if people of character are not obliged to ſerve in that ſtation, as, it is probable, the work will neither be ſo well executed under the direction of others, nor ſo faithful a repreſentation made to the deputation, of the ſtate of the roads and bridges.

And keep a regular journal, &c.) Keeping a journal preferves attention and order, enables the overfeer to make a diſtinct report, and the deputation to give the neceſſary directions in conſequence thereof.