12 ANNIVERSARY ADDRESS 



a heritable right to the property held by the defenders, 

 the statement sets forth the following facts : — 



There exists, and has for many centuries existed, a 

 community of burgesses within the said burgh of Lauder. 

 These burgesses are not traders, nor have they any 

 special trading privileges within the burgh, but they are 

 exempted from the petty customs leviable from non- 

 burgesses upon merchandise, animals, and carts coming 

 into the burgh ; and they have also valuable rights in 

 the foresaid burgh common. No person can be admitted 

 to the community of burgesses, or can retain his member- 

 ship of that body, unless he be a proprietor of what is 

 called a " burgess-acre." Of these burgess-acres, which 

 vary in extent from 1^ to 3 imperial acres, there are 

 in all 105, lying within the precincts of the burgh. 

 The burgh itself has no interest in, or connection with, 

 these acres ; but the pro])erty of at least one of them 

 is an indispensable qualification for burgess-ship, and 

 the enjoyment of the privileges which it confers. In 

 all the titles to the said "burgess-acres," the "acre" 

 or portion of ground therein specially described is, and 

 has for centuries past been conveyed, "together with 

 the out-Jield and fee-land 'parts thereto belonging, as 

 the same shall happen to fall by cut and cavil through 

 the common hills and breaks of the burgh, and all the 

 pertenents and privileges thereof," or, at least, together 

 with rights and privileges expressed in terms nearly 

 similar to those above quoted. 



The portion of the burgh property known as the burgh 

 common, or commonty, has from time 

 Burgh immemorial been occupied and possessed 



Commonty. by burgesses, widows of burgesses, and 

 proprietors of burgess-acres, in manner after 

 specified. Part of said common is laid off into what 

 ia called "hill-parts," and cultivated by the proprietors 

 of burgess-acres ; and the remainder is occupied as a 

 commonty and for pasturage merely. Upon the part of 



