[1749] 1 Elchies 389
Subject_1 PUBLIC POLICE.
Turner
v.
Duke of Roxburgh
1749 ,June 14 .
Case No.No. 10.
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As the Justices of Peace have power to cast about a highroad 200 yards for the benefit of inclosures, the question was, Whether where there are two roads, both highways within 200 yards of each other, they can suppress one of them? In this case, the two roads lead one to a boat, another to a ford. 2dly, Whether when the highroad is cast about, the whole new road must not be on the same heritors ground? We had, 15th February, found that they could not suppress one of the roads, by throwing one into another. And this day we adhered.
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