20 OBSTACLES TO

without pofitively requiring that this, in any cate, fhould be done, till fome one of the parties wifhed for it. It is true, that in this way, it would be in the power of one man, at times, to incommode his neighbours; but it is alfo true, that he cannot do this without being difquieted himfelf, unlefs his fituation be fuch as that it is much for the benefit of the community at large, that he fhould exercife this privilege; and it has been found, that in practice this privilege has fcarcely ever been claimed, but in thefe circumftances,

Now, could an aét be obtained, which fhould put the whole tenants of the commonable lands in England precifely in the fame condition with lands accupied by the fame clafs of perfons in Scot- Jand, it does not appear that any other confe- quences fhould be experienced in the one cafe, than thofe that have been felt in the other. This appears to be a very eafy matter: for were it fimply enacted, that“ the pra€tice of no per- * fon occupying lands in England, fhould be € influenced by the will of any perfon whatever's unlefs it were in refpe€t to thofe things alone which a tenant fpecifically agreed to perform

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in his leafe, any law, privilege, or cuftom to

the contrary, notwithftanding;” the thing 717T>| af>,~ would be at once done. In that cafe, the occu.

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