L.

Grant of Servitude of common Pasturage, &c.

IN

I, A B, heritable proprietor of the lands of CONSIDERATION of the sum of Sterling instantly paid to me by C D,, as the price of the servitude hereby created, of which I acknowledge the receipt, HAVE SOLD and DISPONED, as I hereby SELL and DISFONE, to and in favours of the said C D, and his heirs and assignees whomsoever (or to the said CD, and his heirs and successors in the lands of -) for the benefit of the lands of

and for the accommodation of the tenants and possessors thereof, an heritable and irredeemable right of servitude and tolerance of casting fuel, feal and divot, and of pasturing cattle (the number of the cattle should be expressed), on the moor of lying in the parish of

shire of

and

with roads to and from the said moor, and all privileges necessary for enjoying fully the said servitudes, which servitudes shall commence from and after the term of

IN WHICH SERVITUDES, I oblige me, and my heirs and successors, to infeft and seise the said C D and his foresaids, by two several infeftments and manners of holding; one thereof to be held of me, my heirs and successors, and the other to be held from me, of my immediate lawful superior of the said lands, both in free blench, for payment of a penny Scots

-, in

money, at the term of Whitsunday yearly, on any part of the ground of the said lands, in name of blench-farm, if asked only; and, for that purpose, I oblige me and my foresaids to subscribe and deliver to the said C D and his foresaids, upon their own expense, all deeds necessary; WHICH RIGHT OF SERVITUDE, I OBLIGE me, my heirs and successors, to warrant to be good and effectual to the said C D and his foresaids, at all hands, and against all deadly, as law will. AND FURTHER, I ASSIGN and MAKE OVER to the said C D and his foresaids, the whole titles of my said lands of so far as the same may be necessary for sup porting the right of servitude hereby granted; and I oblige me and my foresaids to make the same forthcoming to him and his foresaids, whenever they shall have necessary occasion therefor, on their receipt and obligation to redeliver the same within a reasonable time, and under a suitable penalty. AND I CONSENT to the REGISTRATION hereof in the general or particular register of sasines, reversions, &c. for publication, and in the books of Council and Session, or other judges' books competent, therein to remain for preservation; or, if necessary, that letters of horning, on six days' charge, and all other legal execution, may pass upon a decrée to be interponed hereto, in common form; and thereto I constitute

MY PROCURATORS, &c,

you

AND FURTHER, I hereby DESIRE and REQUIRE jointly and severally, my bailies in that part hereby specially constituted, that, on sight hereof, ye pass to the grounds of the said moor, AND there GIVE and DELIVER to the said C D, or his foresaids, heritable state and sasine, actual, real and corporal possession of the said heritable and irredeemable servitudes of casting fuel, feal and divot, and of pasturing cattle on the said moor, with the roads and privileges necessary for fully enjoying the said servitudes, for the benefit of the said CD's lands of and the accom

modation of his tenants and possessors thereof; and that by delivering to the said CD, or his foresaids, or to his or their certain attorney or attornies, in his or their names, bearers hereof, of earth and stone of the ground of the said lands, a handful of grass for the said pasturage, and all other symbols usual and necessary, AND this in noways ye leave undone: WHICH to Do I COMMIT to you, jointly and severally, my full and irrevocable power, by this my precept of sasine, directed to you for that effect. In wit ness whereof, &c.

3. OF AN AQUEDUCT.-The servitude of an aqueduct is more uncommon than any of those which have been taken notice of, yet it is often necessary; and, if the improvement arising from irrigation shall be generally intro

duced, it is one that must become very common. The following example from the particular register, 4th August 1789, was prepared by a very accurate conveyancer.

Grant of Servitude of an Aqueduct.

I, J. M'N of M'N, Esq., heritable proprietor of the lands of S after mentioned, coNSIDERING, that by submission entered into betwixt me and J B Esq. of, (here a submission and decree-arbitral amongst the parties was narrated); THEREFORE, and in terms of, and in implement of the said decree-arbitral, I Do hereby GIVE, GRANT and DISPONE to the said J B, and his heirs and successors in the said lands and barony of, lying within the parish of, and sheriffdom of

the

right and privilege of making a cut or canal through my said lands of S, or of deepening or altering any cut or natural run or burn presently existing, and of keeping up and re pairing the same at pleasure; PROVIDING ALWAYS, as it is hereby specially PROVIDED and DECLARED, that the said J B, and his heirs and successors in the said lands of Z, shall be obliged to pay to the proprietor or tenants of the said lands of S, any damage which he or they may sustain through the failure or insufficiency of the said canal, or any part thereof, as the

served to the said J L and his foresaids, as the said decree-arbitral, containing other points, in itself more fully bears: AND SEEING the said decree-arbitral has been already implemented in the whole heads thereof, both by the said J L and by me, excepting only in so far as regards the foresaid servitude; THEREFORE, in order to implement the said decree-arbitral, by creating the said servitude in terms thereof, I hereby GIVe, GRANT, CONVEY and MAKE OVER, to the said JL, and his heirs and successors in the said lands of N, heritably and irredeemably, and to the said lands themselves, the privilege and servitude of working and carrying off, from any quarry or quarries, now or formerly wrought, or which may at any future time be wrought by me or my foresaids on the said lands of E, all stones necessary for the purposes of the said lands of N, for building either houses or fences, or for any other building or erection on the said lands, and that without paying any price or quarry-mail therefor, and that according to the import and with the limitations expressed in the said decree-arbitral, as above specified, which are held as repeated; DECLARING the said servitude to be a real burden affecting my said lands and estate of E, into whose hands soever the said lands may come, and by whatever title they be held. AND FURTHER, I hereby RATIFY, may APPROVE and CONFIRM the decree-arbitral above mentioned, in its whole heads, articles and con