Trustees of Glasgow Turnpike Road v. Inhabitants of the Town of Paisley
Date: 11 January 1758 Case No. No 11.
The whole inhabitants of a borough may be called out to repair highways.
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Soon after the decision in the question betwixt the Trustees of the Perth turnpike roads and the Inhabitants of Perth, (supra), in which these last had pleaded, That no inhabitant whatsoever of a royal borough, or borough of regality, could be called out to repair the high-roads, and in which the Court had found “the inhabitants, suspenders, liable in the statute work of the turn-pike road in question,” the trustees of the Glasgow turnpike ordered out several artificers and tradesmen of the town of Paisley, to amend the turnpike leading through Renfrewshire to Glasgow.
In a suspension of these orders, brought by these tradesmen and artificers, the Lords found, “That the whole inhabitants of the town of Paisley may be called out to repair the high-roads in time coming.”
The suspenders reclaimed. They did not insist for a general exemption of the inhabitants within the borough; on the contrary, they yielded, that labouring-men, or people used to country-work, even though living in a borough, might be called out; and in so far they acquiesced in the decision pronounced in the case of Perth.
But they pleaded, That merchants, artificers, tradesmen, and all others living within a borough who did not come under the description of labouring-men, tenants, cottars, or their servants, were not liable in the statute-work; and, at any rate, insisted, That the word inhabitants, in the interlocutor, was by far too general, as the law could never mean to put it in the power of the trustees to call out peers, judges, clergymen, women, &c. to the high-roads.
With regard to artificers and tradesmen, the trustees answered by repeating the arguments which had been used against these classes of men in the case of Perth.
And as to those in higher stations of life, whom it was alleged the interlocutor would authorise the trustees to call out, it was answered, That there were none of them called out by the orders suspended; and if they should afterwards be called out, there was nothing in the present decision (which regarded not a case in which they were parties) to hinder them to offer a suspension, and get redress, if redress was due to them.
“The Lords adhered, and refused the petition; reserving to the inhabitants, or any class of them who shall think themselves aggrieved, to apply for re-dress, as accords.”
Suspenders, A. Pringle,Chargers, Ferguson.
Fol. Dic. v. 4. p. 201. Fac. Col. No 84. p. 148.*** Lord Kames reports this case:
By the act 1617, cap. 8. § 8. “the Justices, of Peace are empowered to give order as they shall think most convenient, and with least grief to the subjects, for mending all highways, &c.” And after giving directions with respect to the breadth of highways, it is added, “And if any person refuse to concur for mending highways, the said Justices shall censure and punish them according to their discretion.” As no particular class of persons is named here, if seems the meaning of the statute, that every person, high and low, rich and poor, should concur, the labourers by their work, and others by their money. In the later statutes, tenants, cottars, and their servants, are only named; because probably when there was no commerce, and public roads little frequented, these persons were deemed sufficient to make all the repairs necessary. But the statute first mentioned is not abrogated by the later statutes; and therefore, since it is found by experience, that the tenants, cottars, and their servants, are not sufficient to put high-roads in repair, which are now much frequented by the increase of commerce, it follows, that the act 1617 ought to be put to execution, which was done by calling out certain inhabitants of the burgh of Paisley, among others in the county; and this case being brought before the Court of Session by suspension, the Court found that the inhabitants of the town of Paisley may be called out to repair the high-roads.
