case no agreement shall have been made with the owner or owners, occupier or occupiers of the land where the roads are to be so altered or widened, or such new course of roads, or roads of communication made, or whose fences are to be altered or removed, or with the owner or owners, occupier or occupiers of any house or houses, or part or parts of any house or houses which are to be pulled down, application shall be made to the sheriff depute or his substitute, to summon a jury, in order to value the ground necessary to be taken and used, or houses necessary to be pulled down; and the loss or damage ensuing from the altering or removing of fences; and the said sheriff depute, or his substitute, is hereby empowered and required, upon such applications, to order intimation thereof to be made to the owner or owners, occupier or occupiers, of such ground or houses; and afterwards to issue a summons, in the usual manner, for calling together and impannelling a jury, to consist of fifteen persons in number, to examine into, and after such examination, to return a verdict upon oath, as to the value of such land, fences, or houses; and thereupon the sheriff depute or his substitute, is hereby required to adjudge payment of the value and amount of the loss and damage so ascertained to the owner or owners, occupier or occupiers thereof and upon payment being made by the said trustees, out of the money arising from the conversions imposed by this act, of the sum awarded to the party or parties interested, or consignation of the said sum in any of the public banks of Scotland, the said trustees shall from thenceforth have right, and be at liberty to take and use the ground, and to pull down the houses or fences so valued, for the purpose of alter ing, widening, and extending the highways aforesaid, as fully and effectually ever after, to all intents and purposes, as if the owner or owners of such grounds had executed regular dispositions of the same, and thereupon infeftments had followed; and the said proceedings and orders of the sheriff depute, or his substitute, shall be final, and not removable or questionable, by bills or letters of advocation or suspension, to or by any other court whatever provided always, that the said jury, in assessing such value and damages, shall have power to take under their consideration all the advantages and disadvantages arising to the said owners and occupiers, by the altering or widening any of the said roads. LI. And be it further enacted, that in altering the course of the said roads, or widening the same, it shall be in the power of the said trustees, or any three or more of them, in their respective districts, to make the same through any minister's glebe; provided always, that damages are paid to the minister or ministers, and that such quantity of ground shall be added to the glebe, lying most contiguous and convenient thereto, as shall be deemed a sufficient compensation for that taken for the said roads, which the said trustees shall have power to purchase from the contiguous owner or owners, occupier or occupiers of land; and the owner or occupier shall be obliged to sell, and in case of any difference with regard to the damages to be paid to such minister or ministers, or the addition to be made to such glebe, or the price to be paid to such owner or owners, occupier or occupiers of land, application shall be made to the sheriff depute of the said county, or his substitute, who shall proceed to summon a jury, and to determine and adjudge the amount thereof in manner as herein before in similar cases is directed; and upon payment being made by the said trustees of such damages to the minister or ministers, and of such price to the owner or owners, occupier or occupiers of land, and consignation thereof in any of the public banks of Scotland, the said trustees shall from thenceforth have right to be at liberty to take and use that part of the glebe for the purpose of altering or widening the said roads, fully and effectually, ever after, to all intents and purposes; and the proceedings and order of the said sheriff depute, or his substitute, shall be final and conclusive. LII. And be it further enacted, that the said trustees, or any three or more of them, or such person or persons as they shall appoint, may dig, gather, take, and carry away gravel, furze, heath, stones, or such like materials, out of the several grounds of any person where materials may be found, not being dug or raised for the private use of the proprietor of such grounds, for making, repairing, and amending the said roads, or for building arches and bridges as aforesaid, and to open accesses for carrying off the said materials, such accesses, and the places from which the said materials shall be proposed to be taken, being first marked out by any three or more of the said trustees, if so required by the said proprietor of such grounds, or his or her factor, or by the occupier thereof, they the said trustees making reasonable satisfaction out of the money arising by virtue of this act, to the owners or occupiers of the grounds respectively from which such materials shall be taken, or over which the same may be carried, for the damages to be done thereby; but if such proprietor, factor, or occupier shall not be satisfied with the compensation offered by the said trustees, the same shall be ascertained by a jury, to be impannelled by the sheriff depute, or his substitute, in the same manner as herein-before directed for determining the value of the houses or fences found necessary to be pulled down, or ground to be taken for altering or widening the said roads, or for valuation of old roads ; which proceedings shall, in like manner, be final; but such application shall not prevent the said trustees from causing said materials to be carried off and used in the mean time; and in case the said jury shall find that the compensation which had been offered by the said trustees to the person or persons applying to the sheriff, was adequate to the damages they may have sustained, then, and in that case, such person or persons shall be liable in payment to the trustees of such a sum, in lieu of costs, as the said jury shall judge reasonable. APPENDIX, No. VI. The following Tables have been taken from the Report of the Committee of the House of Lords on Turnpike STATEMENT of the present INCOME and EXPENDITURE of the TURNPIKE ROADS, by MR. MICHAEL Irish. ま s. d. £ Mortgage Debt · 6,578,815 2 11 On which the Interest was paid 5,093,410 On which the Unpaid Inter est was brought into Charge in the Returns On which no Interest was charged in the Returns Ditto count in the 9th Column in the Returns. 303,541 13 9 000 15,172 O O 821,586 19 7 000 45,079 0 0 Balances due to Treasurers } Not brought into Account. Debt whereon the Interest was paid 5,093,410 2 11 3 TOTAL DEBT £. 129,583 1 3 { £7,785,581 5 2 TOTAL INTEREST, paid and unpaid } 366,212 10 11 Part paid, and brought into Account in the 9th Column in the Returns. |
