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Subject_1 PLANTING AND INCLOSING.
Ferguson
v.
Macnidder
1734 ,June 7 .
Case No.No. 1a.
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Upon the act 1698 for preserving planting, found unanimously relevant agamst a tenant, that trees planted about his yard were cut, to infer the penalties in the said act, without libelling that they were cut by the tenant, his wife, bairns, servants, or others in his family.—N. B. Those plantings were not inclosed. We found that libel proven as to one tree above 20 years old. As to the natural wood in the glen found that the act extends not to it. The Lords had different reasons; some that it was scroggie wood not fit for sale, commonly pastured; others inter quos ego, because it was natural wood (not planted) not inclosed.
The electronic version of the text was provided by the Scottish Council of Law Reporting