34 REPORT OF THE SCOTTISH COMMISSION 



I. Lease for a Fixed Number of Years 



This applies only to what is known as "free land," and in 

 form is similar to our ordinary Agricultural Lease, but the 

 conditions would appear to be more stringent and binding upon 

 the tenant than those we find in Scotland. 



The duration of the lease is usually for as many, or twice as 

 many years as there are fields on the farm, and may be said to be 

 a lease on rotation of cropping. As a rule the lease includes not 

 only the right to the use of the land, but also to the live and dead 

 stock on the farm, which are the property of the proprietor. The 

 latter are valued at the commencement and termination of the 

 tenancy by mutual parties, any increase in value falling to be paid 

 to the tenant on his quitting the holding, and any decrease having 

 to be made good by him. 



It is not uncommon to find a stipulation that a half-year's rent 

 must be paid prior to the entry of a tenant to the farm. In 

 another case the tenant is taken bound to deposit with the landlord 

 a stated sum " As a security for the proper surrender in due time 

 of the live and dead stock." This deposit is stipulated to be paid 

 back by the proprietor at the termination of the lease, and interest 

 at the rate of 4 per cent, is to be paid to the tenant half-yearly 

 during its currency. The proprietor is, however, entitled to retain 

 the deposit until a valid transfer has taken place, and to deduct 

 therefrom whatever depreciation in the value of the stock, etc., 

 may have taken place, and any arrears of rent which may 

 then be due. In one lease a clause was observed giving the 

 proprietor right to choose the heifer calves to be put into the stock 

 to take the place of the cast cows. In many cases it is stipulated 

 that the tenant shall submit for the approval of the landlord all 

 seeds to be sown for the waygoing crop. Should these be rejected 

 as being of inferior quality, the landlord may purchase his own 

 seed and charge the cost against the tenant. No compensation is 

 given for manure, hay or straw left on the farm. Compensation 

 for unexhausted improvements and the doctrine of "cumulative 

 fertility" are both unknown. The tenant must maintain the 

 buildings on the farm during his lease, and hand them over at the 

 termination in the same order and condition as that specified in a 

 report and survey made at his entry to the holding. All public, 

 parochial and ecclesiastical rates, as also premiums of insurance on 

 stock and buildings, baiUfl:'s fees and the whole expenses of the 

 lease, including stamp duty, fall to be paid by the tenant. As a 

 general rule the rent is paid partly in money and partly in grain, 

 the grain being commuted into a money payment, according to the 

 average price of each year. As security for the prompt payment 

 of the rent, taxes, etc., and the due fulfilment of the terms of the 

 lease, the tenant mortgages to the proprietor, with mortgage rights 

 of first priority, his whole stock, crop and implements, and the 

 amount of insurance on these goods, and binds himself to keep the 

 mortgaged goods insured. For this purpose the lease is registered 

 in the appropriate register as a mortgage. 



