By arable land is meant, not land which may be cultivated, but land which is in use of being laboured.
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Mr Stiel obtained from the presbytery of Dalkeith, within which his parish lies, an allocation of land belonging to Sir William Dalrymple, for the maintenance of a horse and two cows; whereof Sir William having complained on several grounds, and inter alia on this, that the land designed was arable land, and that by the act 1663, where the kirk-land was arable, there could be no designation thereof, but L. 20 was to be given by the heritors in lieu of land; the Lords were of opinion, that by arable was not meant what was capable of culture, for there is no land which is not capable of it; but that by arable was meant land which is in use constantly to be laboured.
Fol. Dic. v. 3. p. 252. Kilkerran, (Glebe.) No 1. p. 226.
