THE SCOTTISH LAND COURT 67 



and its powers included that of forming new small holdings, either in co- 

 operation with landlords or by bu^dng land. 



The Small Landholders Act was passed in 1911. This extended the 

 provisions of the Crofters' Holdings Act so that they apply not only to the 

 crofting counties but to all Scotland, and not only to crofters but also to 

 all tenants of no more than 50 acres of land who pa}'- a rent of no more than 

 £50 a year. 



In the matter of executive the Crofters' Commission and the Congested 

 Districts' Board were both superseded, their powers in relation to small 

 holdings passing to the Board of Agriculture for Scotlan'd and the Scottish 

 Land Court. 



The Board of Agriculture has multifarious duties which include the pre- 

 paration of schemes for the consistution of new holdings and the enlarge- 

 ment of existing holdings. The action involved is taken i) by the landlord 

 voluntarih', 2) by agreement between the landlord and the board, 3) under a 

 compulsory order from the Scottish Land Court. 



The duties of the Scottish Land Court are to accept or reject : 

 i) AppHcations from the board for such compulsory orders ; 



2) Applications for the determining of the status of existing holdings 

 and the fixing of fair rents ; 



3) Apphcations relating to their other powers over existing holdings. 

 The court consists of five members appointed by the Crown on the recom- 

 mendation of the Secretary for Scotland. One member must be able to speak 

 Gaelic. 



§ 4. The Scottish Land Court in 1915. 



a) The Formation of New Small Holdings and the Enlargement of those 

 already existing by order of the Court. 



In connection with this, a principal function of the Land Court, some 

 sentences may be quoted from its report for 1915. " Under the Small Land- 

 holders Act the initiation of all schemes for the constitution of new small 

 holdings and the enlargement of existing holdings devolves upon the Board 

 of Agriculture for Scotland. All the preliminary negotiation is carried on 

 between the board and the proprietor concerned. The Land Court have 

 nothing whate\'er to do with these matters. The}^ have no power to in- 

 terfere with the selection of the land proposed to be taken, or to suggest that 

 other land would be more suitable for the establishment of new holdings or 

 for enlargements. Nor can they deal -with the financial or economic aspects of 

 any of the schemes submitted for their consideration. It is competent for the 

 board and the proprietors to agree on land schemes without calling in the 

 assistance of the Land Court at all. It is only when parties have failed 

 to come to an agreement that the board makes application to the Land 

 Court ". 



The court issues its order if it decide, after due inquiry, to accept the 

 board's apphcation. Such order declares : 



