IN SCOTLAND.

269

submission, is entered into by the parties at issue, by whichneutral persons mutually named are authorised to settle thewhole matter, with power to the arbitrators to choose anoversman or umpire in case of difference in opinion. Thesepersons pronounce a final judgment, called a dccreet-arbitral,from which there is no appeal.

SECT. IX.

OF SETTLEMENTS BY PRIVATE AGREEMENT.

Intelligent conterminous proprietors sometimes settle theirmarches or boundaries by mutual agreement. This, however,more commonly takes place between landlords and tenants,in regard to farm inclosure and subdivision fences; and these,when mutually agreed upon, are either engrossed in the lease,or made the subject of a separate minute. When this modeof procedure can be followed, it is more satisfactory to theparties, and less expensive than any other. It also answersexcellently in regard to march-fences, where there is not anyland to be exchanged. But when the marches have to bestraightened, and land has consequently to be exchanged, itis proper to have the sanction of a judge, that his extracteddecree may render the titles secure. In regard to farm in-closures, no mode of procedure can be followed but that byagreement, as neither can the landlord be compelled to erectfences, nor the tenant to pay a percentage for their erection,unless upon a mutual understanding.