SMALL HOLDINGS IX SCOTLAND III 



The principal modifications are (i) the raising of the limit of rent for 

 a small holding from £30 to £50, with the further inclusion of holdings 

 of a higher rent, the area of which does not exceed 50 acres (2); the distinc- 

 tion made between two classes of small holders under the Act — (a) the 

 '• landholders", and (b) the " statutory small tenant. " (3) 



It is impossible at present to state precisely the number of existing 

 holdings brought under the operation of the Act, but it may roughly stated 

 as between 50,000 and 60,000 (including the holdings of existing crofters) 

 or about two-thirds of the agricultural holdings in Scotland. The number 

 of persons returned in iqo6 as occup\nng agricultural land of a gross annual 

 value not exceeding £ 50 was 62,300 ; but this total includes a considerable 

 number of persons whose land is excluded from the o]oeration of the Act (4) 

 while on the other hand it does not include those who occupy holdings 

 exceeding £50 in rent but not exceeding 50 acres in extent. 



The name "crofter" was abolished bj' the Act, and that of " landholder" 

 substituted. All existing crofters became landholders at ist. April 1912. 

 The existing small holder who was not a crofter becomes a landholder if 

 he or his predecessors in the same famil}' have provided the whole or the 

 greater part of the buildings and other permanent improvements without 

 receiving payment or fair consideration from the landlords. Otherwise 

 he becomes a statutory small tenant. In the case of tenants from year 

 to year, the pro\dsions of the Act applied at 1st. April, 1912; in the case of 

 leaseholders they apply on the expiration of the lease, or the occurrence of 

 a " break" in it. All occupiers of new holdings constituted under the Act 

 become landholders. 



There is no compulsion on landlord or tenant to take any steps to bring 

 an existing holding under the operation of the Act, but thej' may come to 

 an agreement that the tenant is a landholder or a statutory- small tenant, 

 or either of them may apply to the Land Court to decide whether the hold- 

 ing is one to which the Act applies, and if so whether the tenant is a land- 

 holder or a statutory small tenant, and to fix a fair or an equitable rent ac- 

 cordingly. 



1^' § 6. The landholder. 



* The landholder's tenure is essentially that of the crofter. He has 

 the right — subject to the fulfilment of certain statutor}' conditions, and 

 subject also to a right of resumption by the landlord for certain purposes, 

 with the sanction of the Land Court — to occupy the holding perpetually at 



(i) A French translation of the full text is given 'n the Annuairc Inlentutional de Lei^iilaiion 

 Atificole, 1911, pp. 60.5-727. 



(2) Except in the district of Lewis, where the limits arc £30 and 30 acres. 



(3) This tUstinction was not originally included in (he Bill, but was introiluctd in the course 

 of 'liscussion. 



(4) The kinds of land excluded are given in sec. 26 of the Ai:t. 



