ON INCLOSING LAND

262

Protecting statutes, in favour of woods and plantations,have been repeatedly made of a later date, by the British Le-gislature ; as in the reigns of George I. and of our presentvenerable Sovereign. But all the statutes for the division oflanded property in common, and for the erection of march-fences, are of a more ancient date, having been enacted bythe Parliament of Scotland before the Union. These acts,which are still in force, for the division of landed propertyfrom common into severalty, relate either to commons, orwhat are called in England wastes of the manor, or to landsin run-rig, which the English denominate common-fieldlands. There are other statutes in force, for straighting andfencing marches, or boundaries between properties already inseveralty, and for the protection of existing inclosures. Ofall these, and of the common law of Scotland , as applicableto these subjects, and of the devices for attaining the sameends by arbitration, or by private agreement, without havingrecourse to legal process, it is now proposed to give short ge-neral views, each in their order, summing up the whole by afew general remarks.

SECT. III.

Of THE DIVISION OF COMMONS.

By act of Parliament anno 1695 , ch. 38 , all commons, ex-cept those belonging in property to the king, or to royal bo-roughs, may be divided at the instance of any one'having in-terest, by instituting a process of division before the Court ofSession, the supreme court of civil law in Scotland ; whichis done by summoning all persons concerned to appear incourt for their interests, personally, or by their procurators