„ON INCLOSING LAND

2-TO

SECT. X.

GENERAL OBSERVATIONS ON THE SUBJECT.

JVTore simple as is the law of Scotland on the subject of in-closure, or division of common lands, and greatly less expen-sive, than the means of attaining the same end in England,it is still obvious that inclosures are conducted in England ina far more perfect manner. Probably, in this, and in manyother matters, both countries might benefit, by borrowingsomething from each other; and at the same time it canhardly be doubted, that where the extent of land to be divi-ded is not great, nor the .interests complicated, the simplicityand .economy of the Scotch system is to be preferred.

The division of Annan-moor, an extensive common in theqounty of Dumfries, furnishes a.striking example of what maybe accomplished by arbitration and the private agreement ofparties, when a judicious and equitable plan has been formedand actedupon. This common consisted of barren lands, heldunder burgage tenure, on which the adjoining proprietorshad numerous claims of servitude ; and, as burgage lands areexempted from the general law of Scotland relative to divi-sion, the object could not be accomplished in that way. ( Amore, tedious or more intricate case than this hardly ever oc-curred in Scotland; and yet, perhaps, no common in Scot-land. was eyer more equitably divided, and hardly any with somuch effect, as a complete inclosure accompanied the divi-sion. In several particulars, this division was effected, bycombining the more equitable practices of both kingdoms in-to one system.