‘— SRE a RO aT LTE RR Saino SS a SS a ee ERE ets—; 5

22 OnB.S.T ALC PES 20

in England, thefe fervices, eftablifhed by w/e and wont, were generally accounted a grievance that ought to be removed. Accordingly, in the a& which took away all heritable jurifdiétions in Scotland, which was paffed in the year 1746; a claufe was introduced, declaring that all énde- Jinite ftipulations in a leafe were entirely null and void; ever fince which time, thofe vague terms of w/e and wont-have been confidered as nothing in every court of law; though fervices in kind, when particularly fPecified, are ftill as much accounted a part of the rent as any fums in money, or other preftations. The law pro- pofed, therefore, would not be without a pre- cedent, which in its execution has been found to be eafy, as in its operation falutary.

With regard to the intermixture of ands which in. many cafes, take place in thefe commonable fields, to the very great detriment of agricul- ture; the fame thing took place in Scotland, under the name of run-rig; a prattice which took its rife in thofe times of anarchy, when in- dividuals were often marked out for deftru@tion by other individuals: for, by their mixing the property of one with another, every attack upon one became an attack upon the whole, which

all, of courfe, were bound to defend. This in-