IN SCOTLAND.

265

T

SECT. IV.

OP THE DIVISION OF HUN-IUG LANDS.

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1 he origin of those intermixed patches of property in a-rable land, called run-rig in Scotland , and common-fieldlands in England, has been endeavoured to be accounted forin different ways. Some have conceived that it was on pur-pose to establish a common interest in the defence of theirlands or their productions, among the occupants: But it wasmore probably occasioned by the poverty of our ancient pea-santry, requiring two, four, or even more, to unite in furnish-ing the numerous oxen then requisite for working a plough.However this may have been, it is certain that much of thearable land was anciently laid out in alternate ridges, belong-ing originally, we believe, to different vassals, and often after-wards becoming separate properties in perpetual feu-rights,similar to copy-holds of inheritance in England.

The division of these run-rig lands proceeds upon the actanno 1695, ch. 23, by which it is provided, That any onehaving interest may apply to the sheriff' or steward, as thejudge-ordinary, to divide the lands, after lawful citation of allparties concerned ; the judge having power to assign to eachheritor his share in land lying nearest to his dwelling-house.Acres belonging to boroughs, and other incorporated bodies,are exempted from the provisions of this statute, or ratherexcluded from its benefits. By a liberal interpretation of thisstatute, the division has been extended in practice to piecesof land of a larger size, not in separate ridges, amountingperhaps to four Scots acres or five English , and lying inter-mixed.