1000000030

935 / 1042

L
of high .ways, bridge!, and ferries, i9 commilted to lhe
therilfs, jullices of peace, aod commiffiooers of fupply in
/hire.
6. Common pa/lurage, or lhe right of feedi ng one',
canle upon lhe property of aoother, is fomelimes conlli·
lu:ed by a general claufe of pa/lurage in a chaner or diC·
pofi'¡on, wuhout mentioning Ihe I.nds burdened ; in which
caCe, lhe riglll comprehends whmver had beeo former·
Iy appropriaced 10 Ihe lands diCponed OUt of the granler's
(lwn P'Operty, and likewife all panuragedue 10 Ihemout
(lf olher lands. Wllen. righl of panurage is given 10
feveral neighbouring proprielors, on a moor or common
belongiog co the graoler, indefioite as 10 the number of
caltle to be panured, the eXlenl of Iheir Ceveral rights is
lO be proponioned according to the o~mber that each of
Ihem cao fodder io winler upoo his own dominaol teoe·
mento
7. The chieffervicudes of houCes among the Romaos
\Vere thofe of Cupport, viz. ligni immi" ,ndi, and .,¡tri!
Imntli. The fi rn was the right of fixing io our oeigh·
bour's wall a joia or beam from our houfe: The fecond
was thal of refiiog Ihe weight oE ooe's houfe upoo his
neighbour's wall.
8. With us, where diíFerent Boors odlories oEthe fame
houfc beloog tO dilfercnt perCons, as is frequeol in the
city of Edioburgh, the property of lhe houfe canooc be
faid to be entirely divided; tbe roof remajns a cammoo
roof to the whole, and lhe area 00 which the houfenands
fupportS the whole; fo that lhere is a commuoieation oE
propeny, io confequence oC which the proprietor oE tbe
ground Boor mun, Wilhoul the COnnilUtion of any fer·
vicude, uphold it for the fupporl of lhe upper, and the
owoer of the highea nory mua uphold that as a cover
to the lower. Wnere the highe{l Boor is divided into
gmets among the feveral proprietors, eaeh proprietor is
ohliged, according to this role, tO upbold that par! of the
roof ~hieh covers his own garret.
9. No proprietor eao build, fo as to throw the rain·
water f.lIing from his own houfe, immediately upon his
neighbour's ground, without afpeeial fervitude, whieh i.
called of jlillicitle ; but, if ic falls within bis own pro
peny, thougb at !he fmallefl di{lance from Ihe march,
the owner of the inferior tenement mun reeeive it.
10. The fervitudes alliul nonlollenii, el nonoffitientli
luminibuI vrl p,ofpdllli, renrainproprietors from raifing
lheir houfes beyood a eertain height, or from making any
buildiog whatfoever Ihat may hurt the light or profpeé!
of the dominant tenement. Thefe Cervitudes cannoc be
confiituted by prefeription alone; for, though a propri·
etor /hould bave built his houfe ever fo low, or /hould
not have built at ,ll upon his grounds for forty years
logether, he is prefumed to have done fa for his own
convenieney or profit; and tberefore cannot be barred
from afterl'lards building a houfe on his property, or
raifing it to what height he pleafes, unlefs he be lied dowo
by his own conCen!.
1 l. We have tu'o predial fervitudes to whieh the Ro·
mans were firangers, viz. th.t of fewel 01 feal and divot,
~nd oC thirlage. The fi ra is a right. by which theowner
of thedominant tenement may turn up peats, turCs, feals,
or divots, from th~ grouod of the fervient, and carry
VOL . n. No. 64' 2
A w.
them off citber for fewel, or !hmh, or the otber ufes of
bi, own lenement.
12. THIRLA CE is that fervitude, by whieh lands are
afirté!ed, or thirled, to a particular mili, and the pofi'ef•.
fors bound to grind thei r graio Ihere, for p~yment of
cem in multures and fequels. as tbe agreed priceof grind.
ing. In this fervilude, the mili is lhe dominanl tene.
ment, and the I,nds anriaed ("hieh are called affo the
thirle or fueken) the fervi enc. Multure is the quaotity
of graln or meal payable to rhe proprietor of the mili.
or to the mullurer his taeHman. The fcquels are the
fmall quaotities given to the fervants, uoder the nam~ of
knavelhip, bannoek, and loek or gowpen. Thequantitie,
paid tO themili by the lands not .Hriaed, are geoerally pro.
portioned to the valueofthelabour, and are ealled out-tOWQ
or out·fu ekenmultures; but tbofe pald bythethirleare oro
dioarilyhigher, and are calledin·toIVoorin-fucken multures.
1). Thirlage may be con{lituted by a bnd·holder,
when, in the d,Cpofitioo of cemio lands, he aflrias lhem
to his own mili; or when, in the diCpofition of a mili,
he anriéls bis oIVn lands to the mili dil'poned, or when,'
in lening bis lands, he makes it a condilioo in the taeks.
The graot of a mili wirh the general el,ufe of multures,
without fpeeif)'ing the lands afiriéled, conveys the thir.
lage of all the lands formerly afiriaed tO that mill,
whether Ihe.y were the propeny of the graoter, or of a
third party.
14, A leE (ormal con{litution ferves to afiriél barony.
lands to the mili of the barony, than is necelTary in any
other thirlage ; whieh perhaps proeeeds from the e!Feéll
of the union between the twe. Heoee, iE abaron makes
over the mili of a barony, eum multu,i" or eum ojl,iflir
multu,;" it iofm ao aJtriélion 01' the barony lands to
lhe mili eonveyed, even of fueh as had been before fold
to anotlrer for a certain duty pro o,"ni olio ..ere. But
if, prior to the baroo's eonveyaoce of his mili eum mulo
turit, hehad fold any part of the barony-Iands to another
ellm mullur;" the fira pureha(er's lands are not afiriéled
by the ponerior grant; for a righc of lands wich the
multures, implies a freedom of theCe lands from thirlage.
15. Thirlage is either, 1. Of grindable corns; or, 2.
Of all growing coros; or, 3 Of the invell. el illala,
i. e. of a11 the graio brought withinthe thirle, Iltough of
another growth. Where lhe thirlage is of grindable
grain, it is io praaiee re{lriéled to the coros IVhieh the
tenanrs have oeeafion ro grind, either for the fupport of
their families, or for other uCes; the furplus may be
carried out of the thirle unmanufaaured, wilhout being
liable in multure. Where it is of rhegrano " ,[cmlia,
the wholegrain grolVing upon the tl,irle is .firiaed, witn
the exeeptions, l . Of feed and , whieh are
defiined tO ufes inconfifient willt grinding; and, 2. OC
the farm·duties due 10 Ihe landlord, if they are d~liver.
able in grain nOI grinded. But, if the rent b~ payable
in moal, 80ur, or malt, the IVhieh thefeare made
muJi be manufaélured In the nominant mili
16. The thirl age 01 i,.veflo " il/a:" is felJomeonni.
tuted but againa theinhabilants o( a borough or vill>,ge,
that Ihey 01all grind all the unmanufdc1ured grain they
import thither at Ihedominant milI. Multure, therero«.
eaonot be exaé!ed in a thirl'ge of ¡/lI'dl./ el tllala, (or
t 9 X Bour