[1705/6/113]¹

Legislation

Act in favour of Sir David Cunningham of Milncraig

Her majesty's high commissioner and the estates of parliament, having heard the petition of Sir David Cunningham of Milncraig, humbly showing to them that he, having enclosed a considerable quantity of ground to the south of his house of Livingston which will require the changing of the highway, which at present goes straight by his door and is both uneasy to him and bad of itself, a little more than what is allowed by the act of parliament, albeit without any prejudice to travellers, and seeing, in former parliaments, the like encouragement has been given to enclosures and that the new way made by the petitioner is good and sufficient and better than the former, therefore, craving his grace and honourable estates to authorise and allow him to change the highway as it now goes from east to west straight by his house, to go straight south from the south corner of the east dike of the petitioner's present park along the new park dike and, at the turning of the same, to go west by the south side of Davidston, through the kirkton of Livingston to the Lochshot where the former highway comes in, and that no person going or coming from east to west or from west to east make use of the former way under the penalties contained in the acts of parliament anent planting and enclosing of ground, and that the same may be printed and published, as the said petition bears. Which her majesty's high commissioner and the estates of parliament, having on 7 September instant heard and having declared they would take the same to their consideration before all other business the first sederunt of parliament after the act for the supply is finished, and having accordingly this day fully considered the same and being therewith well and ripely advised, they granted and hereby grant the desire thereof, with this express quality and provision, that the petitioner, before shutting up of the said old highway, make the foresaid new way a sufficient highway in winter as well as summer of twenty feet broad, except where it goes between houses, at the sight and to the satisfaction of [Charles Hope], earl of Hopetoun, sheriff of the shire, [James Douglas], duke of Hamilton, [James Graham], marquis of Montrose, [John Maitland], earl of Lauderdale and [James Sandilands], lord Torphichen, or any three of them. Extract.