136 THE BOOK OF THE LANDED ESTATE. 



ulating the relationship between landlord and tenant in Scotland, as 

 regards the power of distraint : 



The Act (1) applies only to Scotland ; and (2) only to farms or land with the 

 buildings thereon occupied for fanning purposes, and not dwelling-houses, shops, 

 and other subjects, though the same may be in rural districts. 



(3) Whensoever any agricultural produce has been bona fide purchased for its fair 

 marketable value from the tenant of any farm, and actually delivered to the pur- 

 chaser, and removed, the price having been paid, or whensoever agricultural produce 

 has been purchased at public auction, after seven days' written notice of the in- 

 tention to sell by public auction given to the landlord or person entitled to the 

 rent of such farm or land, then all right of hypothec over such agricultural produce 

 shall cease and determine. This does not, however, apply to any agricultural pro- 

 duce which the tenant is not entitled legally or by the terms of his lease to sell or 

 carry off the land. 



(4) Hypothec not to be available beyond three months after rent is payable. 



(5) Stock of third party taken on a farm to graze to be liable only to the amount 

 of consideration payable for the grazing. 



(6) When agricultural produce or stock is sequestrated, it is incompetent to seques- 

 trate furniture, implements, imported manures, &c. 



(7) Register of sequestration for rent is to be kept. 



It is always advisable for an agent to be careful in giving credit to a 

 tenant for rent due. In many cases it may be with very great advan- 

 tage to the tenant to allow the rent to lie over for a few weeks, as on 

 the rent-day he might be unable to meet the demand, but in the course 

 of a few weeks he may be able to pay it without any disadvantage. An 

 agent requires to use great discretion in matters of this kind, being careful 

 not to oppress any tenant too hastily, or to allow his arrears to accu- 

 mulate. If a tenant has been unfortunate, and is a deserving man, the 

 agent should make the case known to the landlord, who will probably 

 be willing to assist industrious and deserving tenants. In cases of the 

 kind, however, it is always judicious for an agent to make himself 

 acquainted with, and to keep a sharp inspection over, the stock and crop 

 on the tenant's farm, and to see that it is kept up to its full value. 



