68 THE BOOK OF THE LANDED ESTATE. 



proprietor ; and the proprietor reserves for himself and his assignees the right to 

 sell, cut, manufacture, and carry away, by floating or otherwise, the said wood, and 

 with liberty of access through the farms for this purpose, when and as often as he 

 may think proper, the tenants to be indemnified for any damage their corn or grass 

 lands may thereby sustain, to be ascertained by arbiters or an oversman, as 

 aforesaid. 



12. Planting. The proprietor further reserves power and liberty to enclose and 

 plant such portion of the respective possessions as he may judge suitable for that 

 purpose, the tenant being indemnified for loss of any ground so taken off, as the same 

 shall be ascertained by arbiters or an oversman, as aforesaid. 



13. Game. The proprietor also reserves the whole game and fishings, of every 

 description, upon the estates, with liberty, privilege, and power of hunting, coursing, 

 fowling, and fishing for the same, not only by himself, but by others having his per- 

 mission, and his or their gamekeepers ; and the tenants shall be bound to protect the 

 game as far as in their power, and not to permit any poachers to shoot, hunt, or fish, 

 but to give timely notice to the factor, or the district gamekeeper, of any trespass 

 which may come to their knowledge : declaring that the tenant shall have no claim 

 on the proprietor for recompense or damage for, or in respect of, any injury which he 

 may sustain by reason of the proprietor, or others as above, so sporting or hunting, 

 or for, or in respect of, any injury which he may sustain in the occupation of the 

 lands let, by or through the instrumentality of game themselves, or by reason of any 

 increase thereof ; but reserving to the tenant any claim which he can substantiate 

 against the party actually sporting, hunting, or fishing, for any injury or damage 

 which may be thereby done to new grass, grain, or green crops. 



14. Dogs. No tenant shall be entitled to keep more than one dog, unless other- 

 wise stipulated for in the lease ; and in the event of any tenant keeping more than 

 the stipulated number, he shall be liable in an additional rent of one pound sterling 

 for each dog so kept ; and it shall be in the power of the gamekeepers of the pro- 

 prietor, or of the tenants of the shootings, to destroy any dog found straying in pur- 

 suit of game, without being accountable to the owner of such dog. 



15. Grazing Cattle. No tenant shall be at liberty to take in sheep to consume 

 the produce of his farm at any season of the year, unless the same shall be his own 

 property, or be confined within properly-enclosed parks, nets, or hurdles, without 

 special consent given by the proprietor or his factor ; neither shall any tenant be 

 allowed to take in sheep, cattle, or other bestial, not their own property, upon com- 

 mon or divided grazings. 



16. Straying Cattle. It is hereby stipulated that all and each of the tenants and 

 possessors shall, upon all unenclosed grounds, herd their horses, cattle, sheep, or other 

 bestial, in winter as well as in summer, and shall be bound to pay one shilling ster- 

 ling for each beast found upon his neighbour's ground or farm, for which the beast 

 may be poinded and detained, besides the actual damage : and any horses, cattle, 

 sheep, or other bestial found straying upon the public road, or in any of the forests 

 or plantations on the estates, may be poinded and detained, and their owners amerced 

 in the same amount of penalty, and which may be recovered by decreet of the baron 

 bailie. 



17. Mvir-Burning. The tenant shall be bound not to burn, either by himself or 

 his dependants, any heather or muir, on any part of the property, at any season of 

 the year ; but, in the case of hill-pasture, a portion may be burned every year at the 

 discretion of the proprietor or his factor, and by persons under his or their orders, 

 but at the tenant's expense ; and for any muir burned without such permission, the 



