36 REPORT OF THE SCOTTISH COMMISSION 



The widow of a deceased tenant, should she so desire, may 

 remain in possession of the lease, so long as she remains a widow 

 and complies with its terms. His heirs, however, or his wife's 

 second husband cannot claim a continuance of the lease. 



2. Faeste Tenure 



This tenure applies only to "fixed land," the nature and 

 extent of which was ascertained more than 200 years ago. Fixed 

 land may, however, by a Statute Law of 1861, be exonerated 

 from this tenure if it had been owned and worked by the 

 owner himself for a period of twenty years. The holdings 

 must not be less than 12| acres nor more than 150 acres in 

 extent. The principle of this system is the payment of a capital 

 sum down and an annual rent during the period of the tenancy. 

 There are three kinds of Faeste: (1) Simple Faeste, which is a 

 lease for fifty years ; (2) Livsfaeste, which is a lease depending 

 on the life of the tenant and his wife ; and (3) Arvefaeste, which 

 may be either a perpetual or a hereditary lease. In the case of 

 Livsfaeste, if the peasant and his wife die before the expiry of 

 thirty years, their estate is entitled to receive back as many 

 thirtieth parts of the principal sum as the time of their occupation 

 falls short of that period, unless the farm is relet to one of the 

 heirs, who in that case arranges this matter with his co-heirs. 

 The lease, which cannot be sold, is in this way equivalent to a 

 Policy of Assurance over the life of the tenant and his wife, and 

 provides a capital sum for their children in the event of the 

 decease of the parents before the expiry of the thirty years. 

 As the numbers of small holdings increase, the extent of land held 

 under this tenure is decreasing. 



Arvefaeste, when hereditary, descends according to the ordinary 

 rules of primogeniture, and in the event of the failure of an heir, 

 reverts to the proprietor. When perpetual, it is practically an 

 out and out sale subject to a yearly rent, and the payment of a fine 

 on each transmission of the property. Part of the capital sum 

 payable for the lease is generally paid in cash, and the remainder 

 is secured by mortgage over the property. The " Arvefaester " is 

 always looked upon as the proprietor of the holding, and he may 

 sell or subdivide the subjects within certain limits, but the consent 

 of the proprietor has to be obtained to the apportionment of the 

 rent and interest on the portion sold. 



3. Peasant Proprietorship 



This is, by far, the most important tenure in Denmark. 



As before stated, up to the end of the eighteenth century, the 

 land in Denmark was, in the great majority of cases, held by large 

 proprietors, and the peasantry at that time laboured under most 

 disadvantageous circumstances. They were obliged to take what- 

 ever land the proprietors might choose to give them, and often this 

 was disjoined and of poor quality. They had also to labour the 



