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A small stripe coming off from the main body of a river, about a mile above where it enters the sea, did gradually encrease till it became a branch of the river, upwards of 60 feet ever; as this branch was daily encroaching upon the neighbouring ground, the proprietor was advised to build a bulwark 30 feet into the channel, to throw that branch of the river into its former channel, or at least to confine him within bounds. This was opposed by the heritor whose lands lay on the opposite side of the river, for whom it was admitted, that a proprietor may munire ripam, face up and defend his banks from the encroachment of the water; but that be cannot alter its course, to throw it upon his neighbour's ground. Answered, Betwixt the branch in question and the main body of the river, there is three quarters of a mile of waste ground, and the bulwark can have no other effect, than to remove the channel a little nearer the main river, as the branch in question did run a few years before. The Lords found, that the proprietor, for defence of his grounds, had right to build the bulwark projecting into the channel of the river, not exceeding 30 feet, upon his giving bond with a cautioner, acted in the books of session, to indemnify his party from all damages which shall arise to his land on the opposite side of the river, by occasion of building the said bulwark, at any time within ten years after completing of the same. See Appendix.
