Refolutions of the county of Aberdeen.

Refolutions of the county of Aberdeen.

AT Aberdeen, the 22d day of December 1763 years, in prefence of a general meeting of the commiffioners of fupply, and juftices of the peace of the county of Aberdeen, met by adjournment to the day and date hereof, viz. Sir Archibald Grant of Monymufk, the Provost of Aberdeen, Alexander Thomson of Rainnifhill, c. whereof Sir Archibald Grant of Mo. nymusk was elected Prefes,

The meeting having taken into confideration the ftate of the paper-currency in Scotland, with the former refolutions of the county of Aberdeen [xxv. 522.], and feveral other counties, upon that fubject, particularly thofe of Dumfries and Renfrew [xxv. 588. 637.]; and having the fatisfaction to find their early refolutions a gainst the unbounded and growing inereafe of paper-money almoft univerfally approved and followed in North Britain, they came to the following refolutions. 1. That the great and daily increase, and boundless extent, of paper-money, the fcarcity of gold and filver coin in Scotland, the high exchange betwixt Scotland and England, and the manifold dangers and inconveniencies to which the country was exposed from the practice of banking, were chiefly, if not folely, owing to the ufe of optional claufes in Scots bank-notes, by which a power is referved of poftponing payment for fix months, or any arbitrary Space, upon allowance of intereft. 2. That thefe optional claufes were contrary to and inconfiftent with the primary defign and ufe of paper-money, which, if under proper regulations, might be very beneficial; that they were fubverfive of commerce, and were unknown or uppractifed in any other trading country of Europe; and while the fe clauses, and the arts thereby introduced, were continued, the fame inconveniencies muft arise from all Scots bank-notes, whether iffued by public or private banks. 3. That if thefe claufes were abolifted, the country could be at all times fupplied with a proper quantity of gold and filver coin, and none would venture to ifiue bark-notes, but fuch as had a flock to anfwer all demands, and pay them when prefented. 4. That there fore, as the only eflctual remedy to these inconveniencies, the meeting refolved to concur with other counties who should be of the fare mind, in an application to parliament, for a law to abolish thefe optional clapfes, and to eblige all banks and

Vol. xxv

bankers in Scotland, to make ready p
ment of their notes, in good and lawf
money of G. Britain, on the day on whi
they are prefented. And they recommend
ed to their prefes to tranfmit a copy
these refolutions, and of a memorial lai
before the meeting upon the fubject, t
the reprefentatives in parliament for th
town and county, and to request them
promote a law for the above purpose:
And the meeting ordained thefe refoli
tions to be published in the Edinburg
news-papers.

the

Thereafter the meeting, being inform ed, that a bill was brought into parliamen for fome new regulations of the flatute labour for repair of the roads in Nort Britain, were, after mature deliberation. at laft Michaelmas county-court, that th unanimously of opinion with the meetin converting the ftatute-labour into an a feffiment, even with, and especially with · ਸਈ out the option of the people to perfort the labour, might be attended with man inconveniencies and difficulties; and there fore hoped, though fome counties fhout think fuch alterations expedient for then they would not impofe them upon th county of Aberdeen, and many othe counties, where it would be a dangerou and oppreffive measure, and not fo effica cious for the purpose as what is hereafte propofed. The meeting were alfo unan moufly of opinion, that the prefent lav relative to the repair of roads and bric ges, and fome fimilar general concern needed feveral amendments; among 1. That the claufes of the act of Geo. ! which were the following particulars, reftraining the employment of the ftatute labour for the fummer-season to be before the first of July, be repealed, becauf clearly inconfiftent with the intereft of al counties whofe fuel depends upon peats and that it be left or ordained, as the la now ftands, to any time betwixt feed time and harvest.

2. That it be in th or thofe of power of the commiffioners, the districts or divifions of each county t whom the annual meeting delegates the powers, to require and employ the ufua ftatute-labour for the feafon after har veft, or any part of it they judge propert during the fummer-feafon, because of the uncertainty of the weather after harvest, and that it would be fevere upon the peo ple and cattle, and the labour much more efficacious in fummer. 3. That the com Atances miffioners have power to make fuch regu lations, fuited to the refpective circun&

ftances, as may oblige all to give their fta-
tute-labour each year, or to pay, not ex-
ceeding for each perfon,

for each horfe, and
for each
cart, liable to ftatute-labour; and heri-
ters and others to be liable the fame as
tenants, in proportion to what lands they
occupy; and for thefe purposes, that the
precentor of each parifh be obliged to
tranfmit yearly, before the first of April,
to the clerk of fupply, a lift of all liable
to ftatute-labour, and how applied the
preceding year; accounts of which the o-
verfeers, if any be, (hall be bound to fur-
nih, each of them under the penalty of
which penalties, if incurred, and
the fixed value of all deficient ftatute-la-
labour, the commiffioners fhould be or-
dained to exact by poinding, without a-
fly forgiveness or forbearance, and apply
the fame to repair of roads or bridges in
the district where incurred. All this ap-
pears neceffary, because many have been
negligent for many years, to the discou-
ragement of those who have regularly gi-
ven their ftatute-labour; and the repair
of roads at a certain distance is of small a-
rail, if ftopped by the negligence of o-
thers. 4. As ftones and other nuisances
are thrown upon roads, when repaired,
by adjacent farmers and others, as alfo
drains topped, and pavements and ledges
of bridges broke, destroyed, or damaged,
by idle or malicious people, That the
commoners have reasonable power, at
their annual or district meetings, to ap-
point reafonable regulations for preven.
tion or remedy of fuch abuses. The pre-
fes was therefore defired to tranfmit this
minute forthwith to the worthy member
for the county, intreating his earnest at.
tention to all thefe particulars, and what
further might evidently appear reasonable
to the conjoined deliberation of the repre-
fentatives for North Britain, to obtain
them to be established by a law.

As alfo, That in the fame, or fome o. ther bill this feffion, fomne prudent regulation might be made of muir-burn; ftrictly prohibiting, under proper moderate pe nalties, eafily to be tried, and exigible, the burning heather or muirs, from

heather, which prevents its being used as thatch, and to the moss, and planting of woods, require and want very much fpecial attention and remedy, to confider if this is not at least fimilar, and if not of more importance, than green wood, and therefore wanting and meriting fimilar guards and relief, at least by a finall mo derate penalty.

Likewife, That they should request their worthy member, to concert with others from North Britain, and effectually make application where-ever proper, for alteration of a clause of an act paffed last feflion of parliamen:*, obliging to give notice to officers of excife, of any, even the fmalleft parcel of malt to be fteeped, which the poor people in North Britain make often in very fmall quantities, from bad grain, which will not fell in markets, for their own private ufe, and for fale to poor neighbours, and often live at ten or more even computed miles from the excife offiWherefore fuch hardships, and the ignorance and stupidity of many, and confequential penalties and profecutions, must ruin them; and many poor tenants of that country, were greatly injured by fummonses from excife-officers, to attend courts at great distances, and often at very improper feasons, such as feed-time and harvest.

cer.

All which refolutions they likewise appointed to be published in the Edinburgh news-papers, and tranfinitted to the members of parliament. Extracts

* [An abstract of the act 3° Geo. III. cap. 13. for more effectually fecuring the payment of the duties upon malt, by preventing frauds in the obtaining of allowances, and the mixing of fresh corn or grain with corn or grain making into malt.

Preamble. The laft claufe of our abftract of the act 33 Geo. II. [xxii. 47.] is first recited; and the narrative after is in fubftance thus. There is not any provifion made by the faid act for enabling the officers of excite to afcertain when corn or grain is first begun to be wetted or steeped in order to be made into malt, and confequently whether the maltster is intitled to the allowance appointed to be given by that claufe, by which deor nearer to any fect the whole purpose of the claufe has been rood, mofs, or plantation, than 150 entirely defeated: and great frauds have been yards; and that parents and masters be committed by the mixing of corn or grain fwerable for their children and servants, with corn or grain fteeping in order to be by whofe idleness or malice the abufes are made into malt, whereby the revenue and only practifed, to the amount of the the fair trader have been greatly injured. penalty of And as the immenfe damage experienced from fuch abufes to the

to

VOL. XXVI.

§ 1. From and after June 24. 1763, during the continuance of any of the duties on

D

malt,

Extracts from a pamphlet, intitled, Confiderations on the- highways in Scot land, &c. [xxv. 674 ]

THE purport of this pamphlet is, 1. To give an abftract of the whole acts of parliament, or parts of acts, relative to highways, bridges, and ferries, in Scot land. 2. To point out the defects in fuch of these acts as relate to the repairing of highways, &c. 3. To confider whether an affeffment in money is a proper remedy, and preferable to the ftatute-work.

malt, every maltfter, or maker of malt, for home confumption, (not being a compounder for the duties on malt), whofe malt-houfe is fituate in any city, or its fuburbs, or in any market-town, fhall, at least twenty-four hours before he begin to wet any grain to be made into malt, give to the excife-officer of the diftrict, a notice, in writing, of the hour of the day when he intends to wet fuch grain; and every fuch maltfter, whofe malt-houfe is not fituate in any city, fuburbs, or markettown, fhall, at leaft forty-eight hours before he begin to wet any fuch grain, give a like notice; and in cafe the maltfter fhall not be gin to wet his grain, and immediately proceed to cover the whole with water, at the time mentioned in the notice, or within three hours after, the notice fhall be void, and the maltfter fhall be obliged to give a freth no tice before he begin to wet; and no fuch maltfter fhall begin to wet but between the hours of four in the morning and nine in the evening and in cafe any fuch maltfter fhall neglect to give fuch notice; or having given potice which shall become void, fhall neglect to give a fresh notice; or having begun to wet any grain in purfuance of fuch notice, fhall neglect or refufe immediately to proceed to cover the whole thereof with water, and to continue the fame fo covered for the full fpace of forty hours from the time of its be ing first wet and covered; or fhall begin to wet any grain at any other time than between the hours of four in the morning and nine in the evening; or, after the officer hath taken an account of the grain fteeping, fhall add any fresh grain to the grain fo fteeping; every fuch maltíter offending in any of the faid cafes, fhall, for every fuch offence, forfeit 100 1.

$2. The penalties or forfeitures for any offence against this act, may be recovered or mitigated as any penalty by any law of excife, or by action of debt, &c. in any of his Majefty's courts of record at Westminster; and one moiety thereof shall go to the crown, and the other to the perfon who fhall difcover, inform, or fue for the fame.

Quær, Does this act extend to Scotland?]

4. To fubjoin the heads of a bill for in corporating into one general act, all th acts that particularly relate to the makin or repairing of highways, bridges, an ferries, with variations, additions, an amendments.

The acts, or parts of acts, inferted un der the first head, are, Stat. Will. ca 12. in the 12th century; Stat, Da. I сар. 26. 4. in the 14th century; an the acts of Q. Mary, parl. 6. cap. 53. i 1555; of Ja. VI. p. 12. c. 159. in 1592 of Ja. VI. p. 22. c. 8. in 1617; of Ch. I p. I. c. 38. & 41. in 1661; of Ch. I p. 2. c. 16. in 1669; of Ch. II. p. 2. fel 2. c. 9. in 1670; of Ja. VII. p. 1. c. 39 & 8. in 1685 & 1686; and of Geo. ftat. 5. c. 30. § 1.-8.

We infert verbatim the defects pointe out in the prefent laws, which is the f cond head, viz.

"1. The law does not clearly oblig heritors in the natural poffeflion of thei own lands to perform fervices on th highways.

2. It lays no part of the burden o highways upon the occupiers of lands in grafs.

3. In boroughs it does not clearly af certain the rate chargeable on the inha bitants, nor make a proper diftinction between the poor and rich.

4. It lays too great a burden upon cot tars, and others who earn their livelihoo by days wages.

5. It gives too great a power to juftice of to call out thofe who are liabl peace in fervices, to perform them on roads a a distance from their place of refidence.

6. It allows no perfon to be called out betwixt the 11th of July and the begin ning of harvest; and allows perfons to be called out too late in the year, when the weather is generally improper for the ma king of roads.

7. No remedy is provided where whole parishes are neglected to be called out to work.

8. There is no fufficient fund for purchafing tools and paying overfeers.

9. There is no proper officer in each parih for making up lifts of the perfons chargeable, nor to keep parish tools.

10. The third Thursday of May, the prefent annual day of meeting, is too late in the feafon, when the work ought to be advancing.

11. There is no proper method of obli ging the juftices and commitlioners to attend the annual meeting,