i6 OBSTACLES TOG
{oD The fa& is, a fimilar pra€tice, under whatever uk name it may be known, mutt have prevailed, and ae mutt ftill’ prevail, in every country where land“ais is parcelled out among tenants in allotments too i {mall for the ftate it is in at the time to admit of, ig under a ftriGt appropriation, In Scotland, it Was; tate and is known, with this difference between the ant practice there and in England,—that whereas in mt Scotland every man’s poffefiion is; by the law of the land, declared to be his own exclufively for the 4’ time he holds it; and that of courfe he can punith any perfon who fhall trefpafs upon it without his hr permiffion; a reliance being placed upon the— a common fenfe of men, and their mutual intereft, C as fuflicient to infure good neighbourhood, and a z voluntary interchange of mutual right; in Eng- a land it has been judged to be more for the mu:: 7 tual benefit of the parties, to infure themfelves 4 again{t any infra€tion of good neighbourhood, by iB a blifhing general regulations fot that purpofe; bs q which were to compel the reira€tory to yield vf ; the u nlimited e exercile of his own will to the ge- te t] neral fenfe of the communi y. cu , It thus appears, that if common-fleld hufband lry mm t; be an obftruftion to agriculture which noe con- a fiderate perfon will deny, this would-not be an-" ‘ nihilated mere] y by obehhi a law for its aboli« te ik
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