§ MR. MASON (Lanark, Mid)asked the Secretary for Scotland, Whether his attention has been called to the fact that the Scotch Acts of 1661 and 1669, which provided for the inclosure of hill ground (for the encouragement of agriculture and the plantation of trees) are now being used by certain landowners to compel neighbouring proprietors to bear half the expense of the inclosure of waste lands kept for wild animals; and, whether any steps will be taken to meet such an application of the Act?
§ THE LORD ADVOCATE (Mr. J. H. A. MACDONALD) (Edinburgh and St. Andrew's Universities)(who replied) said: By the Act of 1661, where fencing is necessary for inclosing timber or arable ground in Scotland, and keeping cattle within bounds, such fences, where they divide one property from another, must be paid for by both proprietors. The Act of 1669 provides for the judicial adjustment of marches in such cases where a dividing fence or ditch cannot be satisfactorily made in exact accordance with the actual line which divides the properties. I am not aware whether there are cases in which at present the excellent provisions of those Acts are being used in the manner suggested in the Question. I am aware of one case of dispute in regard to fencing under the Act of 1661; but that case is at present being litigated in the Court of Session, 1099 and it will be for the Judge to decide whether the Act applies or not. No abuse of the Acts can take place, as no proprietor can compel his neighbour to pay a share of the cost of fencing or straightening a march unless he can satisfy the Court that his demand is a just one under the Act.