IN SCOTLAND.

259

PART I.

ON THE LAWS OF SCOTLAND RESPECTING THE DIVISIONOF PROPERTY HELD IN COMMON, AND THE INCLOSURBOF LAND.

SECT. I.

GENERAL VIEWS ON THIS SUBJECT.

w hether the use of lands be enjoyed in direct and exclu-sive property, or by servitudes ; and under the former, whe-ther the owner wish to ascertain his own exact proportion,or to make straight boundaries or marches, or to fence andinclose his own land ; the proprietor has power in Scotland ,in all these cases, to accomplish his purpose, by means of asimple action at law, before the civil judge, without the ne-cessity of applying to the Legislature for a special enactment.

In all such cases, the laws of Scotland have given the civilcourts full power to decide, at the suit of any of the partiesinterested. The mode of procedure is simple and well known,and the necessary expences are very moderate. Had it beennecessary in Scotland to procure acts of Parliament for theseveral divisions of common lands, or of lands lying in run-rig, and for their inclosure, it may safely be affirmed, thatniany of them would have been found not worth the expenfce.Blit, owing to the facility of applying the general law on thesesubjects, most of these lands have been long since divided andappropriated in severalty, to the manifest and great advan-tage of the proprietors, the occupiers, and the public. Itni;i y also be remarked, that a process of division in Scot-