264 )

ON INCLOSING LANG

rights of servitude accordingly, leaving the extent of claimarising from property undetermined, unless that be clearlyproved.

The owners of lands contiguous to a common, may acquireindefinite rights to its pasturage, by prescription, or by fortyyears’ uninterrupted exercise. But this right may be limitedby what is called a process of sowming and rowming, propor-tionally to the land rents of the respective farms exercisingthat servitude, and to the numbers of cattle that each can re-spectively support with fodder in winter on his own lands.By this excellent regulation, the overstocking of commons isprevented, which would otherwise render them of little value,and sometimes even a source of positive loss.

As commons belonging to the Crown or to royal boroughs,are not liable to division under the above-mentioned act; itwere desirable that commons, so far as royal boroughs areconcerned in them, were susceptible of being laid off in seve-ralty to the boroughs, apart from the other proprietors andclaimants. By this means, the portion of land so laid off’might be improved and laid down in rich pasture, at the ex-pence of the borough, to be afterwards enjoyed by the bur-gesses, for the pasture of their milch cows *. In all otherrespects, the law of Scotland, respecting the mere division ofcommons, leaves hardly any thing unprovided for.

* This has actually been done by the borough of Lauder, and perhaps ii»other places.