260

ON INCLOSING LAND

land does not necessarily carry along with it an obligation toinclose the several allotments ; otherwise another great ob-stacle to the ascertainment of property in severalty wouldhave come in the way, as the value of wastes or common pas-tures, even after division, is often too small to warrant theexpence of inclosure. After division, the procedure for in-xlosure is easy and simple, for those who wish that conveni-ence.

The principles of the law of Scotland , in regard to the di-vision and inclosure of landed property, are few and simple,as well as equitable and enlightened ; and are well deservingof attention and imitation in England, where the commonlands are more extensive and more valuable, while the meansof division and inclosure are far more arduous and expensive.It is proper, however, to observe, that the whole procedureof division and inclosure in England, under the managementof commissioners, is more complete than is the case in Scot-land j as their powers usually extend to the construction offences, roads, drains, and bridges, to the establishment of ir-rigation where practicable, and sometimes to the appropria-tion of situations for mills, the establishment of embankments,and other beneficial improvements'*. In England also, theinterests to be adjusted upon these occasions are generallymore numerous and complicated, than in Scotland .

In Scotland , the division and inclosure of land are subjectto regulations both of statute and of common law; or may beeffected by arbitration, or by private agreement between theinterested parties ; and of these we propose to give some ge-neral account, each in their order.

* It was the object of the General Sills of Inclosure, so frequently submittedto the consideration of Parliament , to give the Commissioners nominated by theparties interested, .the same power? and authorities with which they are investedby the private acts, which would have rendered the system both economical andcomplete.