§ SIR D. MACFARLANE (Argyllshire)I beg to ask the Lord Advocate if his attention has been called to a demand made upon certain crofters in Tiree by Mr. Sproat, who is fiscal and also agent for the Duke of Argyll, to pay half the cost of the erection of a march dyke; and, whether, in the absence of any agreement to contribute to the erection of the dyke, they can be legally compelled to do so?
§ THE LORD ADVOCATE (Mr. J. B. BALFOUR,) Clackmannan, &cIt appears that the march dyke between the farm of Greenhill in the Island of Tiree and the adjoining crofting township got into disrepair, and that the tenant asked the township to join in putting it in order. As they declined to do so, an action was brought in the Sheriff Court by the tenant, with the result that the Sheriff repelled the defence stated by the crofters, and found them bound to execute the repairs, giving them a reasonable time to do so. The time having elapsed without the crofters executing the work, it was done at the sight of a person appointed by the Sheriff, who subsequently granted a second decree for the cost. The tenant, I understand, has paid his part, but the crofters still refuse to pay theirs. As the question of liability has been litigated by the crofters, and they have not appealed against the Sheriff's decision, they are bound to obey the decree for payment.