by the Scotch regulations, the Landlord is protected from the possibility of loss, and has the advantage of every chance for destroying his tacksman's right.

Ye Masters! then,

Have mercy on the rough laborious hand,
That sinks you soft in elegance and ease:
Be mindful of those limbs in russet clad,
Whose toil to you is warmth and graceful pride;

• And, oh! be mindful of that sparing board,

• Which covers your's with luxury profuse.'

THOMSON.

AFTER arraigning this ordinance of our Supreme Court, it would be partial, it would be most unjust not to declare, That, in the execution of it, our present Judges seem actuated by the humanity which inspired these lines of the poet of our country. They give the tenant every chance of preserving his possession: they give him every delay which the forms can afford. By this conduct, it seems tacitly to be acknowledged, that the Act 1756 has been made, as the great Bacon finely expresses it, upon the spur of the occasion; and that it is sometimes more honoured in the breach than in the ob

servance.

In tracing the history of this subject, we have seen that the law and practice both of England and Scotland, were, in the matter of removing, (as in every other branch) originally the same. The entry of the Lord, the ejectment and ouster of the Tenant, were real, literally understood, and literally executed.-The English Legislature soon reduced these barbarous manners into mere form and sound.

Our early ancestors obeyed laws of every kind with reluctance; and if, in the reign of some of our more ancient Princes, the matter of disseisine and ejectment had been brought uder controul, it is certain that all ideas of that kind were afterwards lost. Our Nobility, and great Proprietors continued to attack, oust, and eject tenants and vassals by force of arms; and the tenants learned to defend their possessions, and to deforce or disseise their Lords by the same means: hence it came to be totally forgot, that ever we had any law, rule, or order in this business. The English still retain the shadows of their old forms,-while a set of new rules got footing with us, which had little apparent relation to the ancient practice; and hence, in Scotland, tenants are said to be warned and removed, while, in England, the uncouth terms of remote antiquity are preserved amidst the gentlest manners.-They are said to be entered upon, ousted, and ejected.

THERE are men, to whose minds the idea of property in land may be alone present, and who think every restraint upon their powers unnatural and impolitic.-Let those who reason in this manner recollect, that the monied interest of the kingdom, is, by severe laws, restrained from taking annualrent, unless according to certain rates and terms prescribed.-Land is the principal stock of every nation, and the principal subject of industry. By abusing their right, land-holders hurt the community, more essentially than money-holders can do. They render miserable the most useful and most laborious class of men: they stifle the exertion of that industry, upon which every thing depends. Why the landed interest has not been laid under restriction, as well as the monied, can only be answered, by observing that the body of our Legislature have always been borrowers of money, and proprietors of land. The practice of giving

land in leases, and other modes of bestowing security upon the possessor, has restored, in some measure, the natural rights of mankind; it has made the soil once more the common mother.-Location, the emphyteuta, were unknown to Old Rome in the time of the Gracchi; and it has been well remarked, that, had they been well known, the convulsions of that period, occasioned by the unequal distribution of lands, would have been prevented. Under the feudal law, the lower class of people was protected by the assistance given to their Chiefs, and by the mutual attachment naturally created between men equally exposed to danger, and engaged in perpetual war.

Feudalism is now no more: it has disappeared before the spirit of commerce.-If landlords are not influenced by manners, by feeling for their species, immediate interest, in these days, points at their industrious tenants only as spunges to be squeezed.—The Master studies an insidious vigilance, which he terms Attention to his affairs;' and the tenantry are oppressed, debased, corrupted.-Hence that low cunning, that little over-reaching disposition, which we often blame in country-people.-Alas! these are the arms which Nature puts in the hands of the oppressed. The prevalence of such vices among the lower class of mankind, is an unerring sign of oppression and poverty. -Go to England: there, an honest blunt simplicity forms the general character of their country-people. It is needless to ask, Why?-Public propriety, and solid improvements, have always attended the wise, humane, and generous administration of the Landlord's private right. And it is an observation of the most judicious political writers, That England owes its lustre, and its power, to her Nobility and Gentry having far excelled the Peers of all other nations, in this public virtue *,

Essay on Property in Land.

Hints to Gentlemen of Landed Property.

N. B. The following description of the French Peasantry is given, as it were but yesterday, by Mons. de St Lambert, the elegant Author of Les Saisons

INDEX.

A.

ABBEY of Holyroodhouse, origin of, as a
sanctuary for debtors, I, 333 et seq.

ABROAD, intimations to or executions
against persons. See EDICTAL INTIMA-
TION and EXECUTION.

ACCRETION, completion of titles by, II,
316, 317.

ACCUMULATION of annualrents on
cautioner paying a debt, I, 228; of prin-
cipal and interest by denunciation, 310.

ACT OF GRACE, liberation of prisoners
for debt on, I, 348 et seq.

OF PARLIAMENT.
1325, II, 256, (Superiors).
1400, 11, 258, (Recognition).
1429, I, 124, (Deeds).

1449, II, 334, 475, (Tacks).
1457, II, 512, (Tacks).

1469, II, 269, (Superiors); 201, 335,
(Reversions); (478, Tacks); 520,
(Tenants).

1491, I, 415, (Distress); II, 517, (Te-
nants).

1509, I, 419, (Poinding).

1537, I, 423, (College of Justice).
1540, I, 126, 127, (Deeds); II, 202,
(Sasines); 284, (Resignations).
1541, I, 263, (Diligence).
1546, II, 514, (Tenants).
1554, II, 202, (Sasines).

1555, II, 224, (Resignations); 515,
(Removings).

1579, I, 128, 155, 156, (Deeds); II,
549, (Removings).
1581, I, 469, (Inhibitions).

1584, I, 274, (Horning); 365, (Sus-
pensions).

ACT OF PARLIAMENT,-continued.
1587, I, 35, (Usury); II, 202, (Sa-
sines); 342, (Annualrents).
1592, II, 343, (Annualrents).
1593, I, 129, (Deeds).

1594, I, 36, (Usury); II, 139, 247,
(Procuratory of Resignation).
1597, I. 469, 471, (Inhibitions).
1599, II, 204, (Sasines).

1600, I, 471, (Inhibitions); II, 205,
(Sasines).

1617, II, 203, 206, (Sasines).
1641, I, 49, (Bonds).
1661, I, 49, (Bonds).
1669, I, 427, (Poinding); II, 536.
1672, I, 472, (Inhibitions); II, 211,
(Sasines).

1681, I, 130, 151, 157, (Deeds); II,
190, (Sasines).

1686, II, 191, (Sasines).

1693, I, 186, (Assignation); 473, (In-

hibitions); II, 228, (Procuratory of
Resignations); 275, (Sasines).
1695, I, 161, 173, (Cautioners).
1696, 1, 66, (Blank Bonds); 134,
(Deeds); 152, (Blank Deeds); 349,
(Act of Grace).

1748, I, 279, (Jurisdiction); II, 300,
(Superiors).

.

8th November 1682, I, 369,
27th December 1709, I, 371,
20th November 1711, ib.
29th February 1752, I, 473,. (Inhibi-
tions).

(ib.)

(ib.)

(ib.)

17th January 1756, II, 214, (Sasines).
14th December 1756, II, 540, 562,
(Removings).

10th August 1776, II, 549, (Advoca.
tion and Suspension of Removings).
19th December 1778, I, 372, (Suspen-
sions).

OF WARDING, origin of, I, 254;
execution of, 255; warrants of, ib.; a-
buse of, ib.; nature of, 257.
ADJUDICATION, competition of, with a

39, 2. ses. 1. parl. William and Mary, II, personal right, II, 315. See PREFER-
529, (Term of Removing)..

10. Anne, c. 6, § 10, 1, 251, (Jurisdic-
tion).

12. Anne, c. 15, 1, 66, (Usury).

ENCE.

ADVOCATION of a removing, II, 548.

AGENTS, their duty in transacting a loan,
I, 67; in conducting a suspension, or an-
swering it, 372, 373, 375, 380; for su-
periors in granting charters, II, 287, 302;
in lending money on heritable security,
384, 386; in preparing tacks, 500; as-
signations to tacks, 505, 506.

ALIENATIONS, voluntary, forms of, II,
215 et seq.

ALLODIAL possession of land, II, 34; ASSIGNATION,-continued.
causes of the adoption of the feudal te-
nure in place of, 41.

ANNUALRENT RIGHTS, history of, II,
322 et seq., 328, 342; analysis of the
form of, by Dallas, 375; superiority of
the heritable bond over, 376; tenure in,
ib.; casualties, 377; statutory relief a-
gainst casualties, 378. See PREFER-
ENCE, SECURITIES, HERITABLE BOND.

APPARENT HEIR, general charge a-
gainst, I, 498; whether may be inhibit-
ed on, ib.; assignation of a tack by,
II, 507; warning by, against tenants,

533.

APPREHENSION of debtor, time for, I,
328; solemnities of, 338, 339; effect of
suspension after, 339.

APPRETIATION of poinded goods, I,

430.

ARREARS. Summary removing of te-
nants incurring irritancy by two years
arrears, II, 54; action against tenant
one year in arrear, for caution or remov-
ing, 545.

of rent, attachment of, by
poinding the ground, II, 437.

of annualrent, power to poind
the ground for, II, 441.

ARRESTING a debtor in jail, I, 344.

ARRESTMENT upon a depending action,

origin of, I, 449; old practice as to at-
tachment of moveables, 450, 451; ana-
logy between the old arrestment and the
process of sequestration, 451, 452; prac-
tice of arresting in debtor's hands, 453;
old rule of preference, 454; attachment of
rents by, ib.; cause of the alteration of
the old rule of preference, 455; breach
of, 456; former power of messengers in
loosing, ib.; consideration of the style of
the letters, 457; difference between the
arrestment in security and that in exe-
cution, and how loosed, 458.

ASSIGNATION to a moveable bond, na-
ture and history of, I, 176; signification
of the word assignment, 177; of the
word assignee in Scotland, 178; ancient
laws as to assignations, 181; requisite
of intimation, ib.; whether it was an es-
sential part of the conveyance, 182; dis-

ASSIGNATION-continued.
land, II, 305.

SIGNATION.

See DISPOSITION and As-

of a reversion, II, 354.
and disposition of a wad

set, II, 356; of an heritable bond, 387.
of an heritable bond be

fore infeftment, II, 385.

of tacks, II, 505; by an

apparent heir, 507.

485.

tinction between the English assignment
and the Scottish assignation, 183; com-
pletion of assignation, ib. ; old law as to
diligence in assignee's name after ce-
dent's death, 184, 185; act 1693, as to
this, 186; practice on this act, ib.; re-
striction of it to special assignations, 187;
error of Lord Kames in construing this
act, ib. Note; practice as to general as-
signments, ib.; Spottiswood's definition
of an assignation, 188; distinction be- ASSIGNEE, meaning of the term, I, 178.
tween it and a disposition, ib. et seq;
Erskine's definition, 189, Note; style of ASSIGNEES, exclusion of, in a tack, II
the assignation by Dallas and analysis of
its several clauses, 190 et seq.; contrast
of it with the English assignment, 191;
import of the warrandice, 193 et seq.;
omission of the clause of warrandice,
195; what warrandice implied, ib.
intimation of, I, 196;
use of it, ib.; ancient form of, 197; o-
mission of, in Dallas, ib.; whether e-
quipollents allowed, 198; form of the
intimation, and analysis of it, ib.; by
whom to be made, ib.; erroneous doc-
trine of Kames as to this, ib. ; notary can-
not act also as procurator, 199; where]
there are several correi debendi, ib.; per- ATTESTATION of a bond of caution, I,
sonal intimation, 200; where party can-
not be found, ib. ; intimation at market-
crosses of head burghs ineffectual, ib. ;|
whether procurator should possess the
bond as well as the assignation, ib.;

ASSIGNING, tenants power of, in tacks,
II, 483 et seq.; where not to assignees,
ib.; whether assignation infers forfeit
ure, ib. See TACK.

ASSIGNMENT in England, nature of the,
I, 177, 183; conveyance of, contrasted
with the Scottish translation, 205.

ASTRICTION, or Thirlage, II, 169; of
tenant in a lease, 496.

377.

tion, I, 334.

B.

reading the intimation, 201; where debt- BACK TACK to a reverser, II, 339.
or abroad, 202; letters of supplement for
edictal intimation, ib.; separate notices BAILIE of Holyroodhouse, his jurisdic
to factors, relations, &c., 203; writing
to the debtor, ib. ; intimation to a cor-
poration or trading company, ib. ; inti-
mation by using diligence, ib.; effect of an
inhibition, ib.; danger of using diligence
in cedent's name, 201; effect of equi-
pollents of intimation as against the debt-
or or third parties, ib. ; practice in Eng-
land, ib.

translation of, I, 205.
and discharge to a cau-
tioner paying a debt, I, 221. See Dis-
CHARGE and ASSIGNATION, CAUTION-
whether an inhibiter
bound to grant, where he has other claims
posterior to his inhibition, I, 487.

BLANK BONDS, I, 65; intention of, ib.; BOND,-continued.
interposition of the Court to prevent the
abuse from, ib.; abolition of, by 1696,
66; nature of this act, ib.

deeds in creditors and receiver;
name, I, 151; abolished by 1696, 152 s
effect of the act, ib.