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and under such extension, the proportion exigible as multure,reaches sometimes to the tenth part.
The adstriction is, very generally, understood to extend onlyto oats, peas or barley, being probably little known at the timeof the constitution of the adstriction. And in these cases, thefarmer may be tempted to substitute some of these grains whereoats would have been the preferable crop. Land in pasture isuniversally understood to be liable in nothing to the privilegedmill; and where the rate of adstriction is extensive and high, itmay lead to a disproportionate allocation into pasture.
The exclusive privilege of employment is ever felt galling tothose subjected to the yoke; they can never feel confidence in be-ing well served, by those over whom they have not the check ofbeing able to withdraw their employment, when they are dissa-tisfied with the work.
Adstriction to mills, in England, would appear, from Mar-shall’s writings, to have generally died its natural death, by mu-tual convention or dereliction. In Scotland it is in progress to-wards decay. Few country gentlemen, above the rate of a SquireWestern in point of intellect, ever now' think of confining theirow r n tenants to their own mills, under such a preposterous bon-dage. Where a proprietor of a mill holds the lands of anotherproprietor adstricted to his mill, it is not to be supposed he shouldquit his privilege without a compensation. But this might besettled by private bargain, were it not for the obstruction of en-tail, which here, as elsewhere, is continually interrupting the ra-tional exercise of the right of property in land. A com pulsatoryprovision for enforcing the commutation of thirlage or adstric-tion, has been obtained by the late act, 39tli Geo. III. Theterms of it are abundantly equitable. It is made competent forthe proprietor, either of the dominant mill or servient lands, topursue for a commutation, before the Sheriff of that county with-in which the mill lies; and the SherilF is to summon a jury of atleast twenty-one, consisting of heritors, or tenants of land pay-ing 30/. of yearly rent, or valued at 30/. Scots in the cess-books;which number, by alternate rejection by the parties, being re-duced to nine, they, after examining evidence, are to award anequivalent compensation in a yearly payment of grain, it being wthe option of the payer to pay in grain or the price of the fiars;yet there are not many instances of the privileges of the act be-ing claimed, probably from the parties being at a loss to conceiveupon what principles a jury cvoukl decide, in a case to which itis hard to say what principles can apply.
In grain counties, thirlage is falling into desuetude, throughdereliction. The miller becomes an extensive manufacturer ofgrain ; and, rather than have his own plans broken in upon, andhis time taken up, by serving those adstricted to him, when they^hoose to call for his services, he is willing to renounce his