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266

ON INCLOSING LAND'

SECT. V.

OF STRAIGHTING AND FENCING BOUNDARIES.

r here are three statutes of the Scottish Parliament in force,for straighting and fencing the marches or boundaries betweenseparate properties, dated in the years 1661, 1669, and 1685.These not only provide for the construction of a march orboundary fence, at the mutual expence of the conterminousproprietors, and for building, ditching, and planting on theline of that fence; but also for making straight and conve-nient marches or boundaries, giving and taking lands of equalvalue on either side, as may be necessary.

By a common process, denominated “ for straighting ofmarches and half fence,” before the Sheriff of the county, anyproprietor wishing to fence his property, can speedily accom-plish that object, and at a moderate expence, as the conter-minous proprietor has to bear one half the costs of suit, andto defray half the expences of erecting and'supporting themutual fence or boundary, whence the process gets the nameof half-fence. This action at law is grounded on the acts1669, ch. 17, and 1685, ch. 39, and is frequently enforced.

SECT. VI.

OF THE PROTECTION OF INCLOSURES.

■-VT

For this important purpose, the statutes of the Scotch Le- *'gislature are numerous. By act 1695, ch. 39, it is provided,