The Justices of the Peace have not the power of shutting up one of two public roads, though that which is left is the most convenient, and sufficient to answer the purposes of both.
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Napier instituted a process of reduction of a decree of the Justices of the Peace of Stirlingshire, by which they had ordained a road to be shut up, which led, by a place called Mildavie, through the grounds of Mr Robison and the other defenders, to the highway between Glasgow and the country westward of Strathblane; whilst another road, deemed more convenient, passed by Edinkiln-bridge to the same great road.
It appeared, that the first mentioned road, as well as the other, had been immemorially possessed by the public; and, therefore, the Court, as in the case of Turner against Duke of Roxburgh, 14th June 1749, No 322. p. 7605., and more lately in that of Spottiswood of Dunnipace,* were of opinion, that, whether the road in question was more or less convenient than
* Examine General List of Names.
the other one, the Justices of the Peace had, by shutting it up, equally exceeded their powers, which they derive only from the statutes 1661, cap. 41. and 1669, cap. 16. for that the public were entitled to both roads.
They, therefore, sustained the reasons of reduction.
Lord Ordinary, Ankerville.Act. Geo. Fergusson.Alt. Ilay Campbell.Clerk, Menzies.
Fol. Dic. v. 3. p. 356. Fac. Coll. No. 63. p. 100.
