Page:The Laws and Acts of Parliament of Scotland.djvu/698

ix 4 The fecond Tarliament of and that notwithftanding of the faid Aft, and exprefly contrair thereto, the Provoft and Council of Edinburgh have by their Aft dated the eleventh diCMarch , one thoufand , fix hundred , and fourty fix , ranked Malt- men amonaft one of their Trades and Callings, difcharged any to be admitted thereto within their Barrony of Leith but by their Licence , with confent of the Calling ; and have conftitute a Box-mafter amongft them , and granted liberty to them to meet and keep correfpondence, providing the Water-Bailiff be prefent with them- Therefore, his Majefty and Eftates of Parliament not only Declares the laid pretended Aft of the Council of Edmburghtohavebecn null and void from the beginning, and Ordains the fame to be razed out oftheirRegifters; but difcharges the faid Town , or any other Burgh within the Kingdom, ever to prefume to do the like again; And Ordains the faid Box to be broken, and the Office of Deacon, Vifitor, Box- mafter or any other pretending to the like power , and the pretended Calling or Incorporation and Society of Brewars or Malt-men, to ceafe at Lieth , and in all other Burghs , Towns and places in the Kingdom ; With certification that if they fhall be found hereafter to meet and keep correfpondence amongft themfelves, upon whatfoever pretence, either at Leith, Edinburgh, or in any other Burgh , Town or Place , ilkperfon to meeting fhall be lyablein the penalty of five hundred Merks toties quoties, whereof the one half to be payed to the informer , he proving the fame before the Council • and this by and attour fuch perfonal punUh- inent , as the Lords of Privy Council fhall think fit to inflift. XVI. A C T for repairing High-wayes and Bridges. ^December z$. 1669. OUR SOVERAIGN LORD confidering how neceflar it is for the good of the people,that High* waves be made and maintained for ready and eafie Pafiage , Travel and Traffick through the Kingdom; and that the care thereof which hath been laid upon the Juftices of Peace , hath yet for the moft part proven ineffeftual in regaird the faids Juftices have not had fpecial Orders and Warrands for that efFeft. For re- meid whereof his Majefty , with advice and confent of the Eftates of Parliament , Doth Appoint and Ordain the SherifFof the Shire, and one of his Deputes, being alwayes an Heretor therein, and the Jufti- ces of Peace in each Shire , to conveen at the head Burgh of the Shire upon the firft Tuefday of May yearly, for ordering of High-wayes, Bridges and Ferries ; with power to them, or major part of them that fhall happen to conveen , to fet down a particular lift of the High-wayes , Bridges and Ferries within their- bounds, and to divide the Parodies of the faids bounds as they lye moft to die feveral High-wayes to be repaired, and as they may have the moft equal burden, and to appoint fuch of their number or others Overfeers of fuch parts and portions of the faids High-wayes, as are moft convenient and neareftto their ordinary refi- dence and to nominate fuch of their number as they fee fit , to furvey and give an account of the High-wayes, Bridges and Ferries unto the reft; with power to them to appoint Meetings from time to time, till the faid Survey Lift and Divifion of the faids High-wayes be clofed : which perfons, or any one of them to whom the particular portions of the faids Highwayes fhall be committed, are hereby authorized and ftriftly required, c to call and conveen all Tennants and Cottars , and their Servants , within the bounds appointed for their parts j a of the High-wayes , by publick intimation at the Paroch-Kirks upon the Sabbath day , immediatly after the i firft Sermon, or any other way that they fhall think fit, to have in readinefs Horfes , Carts, Sleds, Spades, ' Shovels Picks , Mattocks , and fuch other inftruments as fhall be required , for repairing of the faids High- waves and to conveen at fuch places thereof as they fhall be required , and in fuch proportion and with fuch furniture as the faids Juftices or Overfeers fhall appoint, and that in the moft equal and proportion able way, as the faids Juftices and Overfeers will be anfwerable. With power to them to defign fuch of the faids perfons as they find to be moft skilful , to attend and direft the reft , and to appoint them fit wages for their attend- ance- providing thar the dayes they are required to work do not exceed the number of fix dayes for Man and Horfe yearly for the firft three years, and four dayes yearly thereafter, and that they be only betwixt the Bear-feed yearly , and Hay-time or Harveft thereafter : With power to the faids Juftices or Overfeers to poind the readieft Goods of the abfents, for twenty fhillings Scots money for the abfenceofilkMan daily, and thirty ihillings for the Man and Horfe, withoutfurtherfolemnitybutapprifingthefame upon the ground of the Land and therewith to hire others in place of the abfents ; and in cafe the faids abfents fhall have no poind- able Goods , to punifh them in their perfons as they fhall lee caufe. Which High-wayes fhall be twenty foot ofmeafure broad at leaft, or broader, if the fame have been fo of before, and fhall be fo repaired, that Horf- es and Carts may travel Summer and Winter thereupon : and if any part of the faids High-wayes cannot well be continued as now they are,but require to be changed,the faids Juftices fhall appoint three of their number to vifit the places where the High-wayes need to be changed , and to fet down Meiths for the new way in place thereof and upon Oath to ettimate" the damage of the parties prejudged thereby , and to deliver the fame to them in writing under their hands, to the effect the fame may be fatisfied by the whole Shire , m manner afrer- fpecified Which Juftices are Ordained again to conveen at the head Burgh of the Shire the h til Tuefday of June yearly, and thence every Tuefday from fourtnightto fourtnight, at fuch places as fhall be by them J '•■•"* y appointed