152 Report on some features of Scottish Agriculture. 
pair of cottages built in 186S, at Genocli, VVigtonshire, by the 
proprietor, Mr. A. M'Neel-Caird. It is to be hoped that his 
much-wanted example will soon be extensively followed by 
his neighbours in the south-western counties. 
1 must now briefly describe the prevailing tenure of land in 
Scotland, as in some respects it has a direct bearing on the 
course of management pursued on Scotch farms, which are 
generally let on a 19 or 21 years' lease. As an abstract pro- 
position nothing can be more satisfactory to the farmer, because 
there is pro tanto security of tenure. But, unfortunately, the 
Scotch system of leases labours under the disadvantage of being 
hampered by two important drawbacks. One of these is known 
as the " Law of Hypothec," analogous to our law of distraint ; 
and the other is the custom of inviting tenders for farms, the 
leases of which are drawing to a close. 
In Scotland, as a broad general rule, when a farm is to be let, 
the highest bidder becomes the occupier, unless anything serious 
is known against him. The landlord is sure of his rent, owing 
to the operation of the law of hypothec, and, therefore, he is. 
often more careless in his enquiries as to the capital and repu- 
tation of the tenant than English landlords are under our system 
of yearly tenancy. Two results follow : Firstly, a large pro- 
portion of farms are over-rented ; and, secondly, a comparatively 
small proportion of tenants " sit out " their leases. Readers of 
this Journal will doubtless ask, as I did. How does the system 
survive under these circumstances ? Common report states that, 
in a large number of cases, the landlord is obliged to reduce 
the rent of an over-rented farm after a few years of the lease 
have expired. Be this as it may, 1 can only say that nothing in 
Scotland impressed me so much as a drive through a portion of 
East Lothian in company with Mr. Hope, of Fenton Barns — a 
vigorous advocate for the lease system — who showed me, with 
admirable honesty and impartiality, how small a proportion of 
farmers in his district did contrive to " sit out " their leases. 
Although Mr. Hope, and a few other farmers of the highest 
reputation, would doubtless not hold a farm without a lease, 
many very good farmers, who have not that public reputation 
which would induce their landlords to keep them as tenants, 
except under the condition of offering the highest rent in an 
open competition, assured me that they would much prefer a 
tenant-right agreement. One great reason for this opinion is that 
the termination of a lease often means a large increase of rent ; ii 
also means a sense of insecurity for a number of years, and a 
probability that the home must be broken up unless more is- 
offered for the farm than it is actually worth at the time when, 
the tenders are invited. 
