§ MAJOR MCMICKING (Kirkcudbrightshire)I beg to ask the Secretary for Scotland whether he is aware of the insecurity caused to sheep farming in Scotland by the decision of the Inner House of the Court of Session in the case of Gillespie v. Riddell, on 20th February, 1908, when it was held that the tenant of a sheep farm upon an entailed estate in right of a lease granted by one heir of entail in possession cannot enforce against a succeeding heir of entail in possession, as such, an obligation in the lease on the landlord to take over the sheep stock at the expiry of the tenancy; and what steps he proposes to take in the matter.
MR. DUNDAS WHITE (Dumbartonshire)I also beg to ask the Secretary for Scotland whether his attention has been directed to the decision of the Court of Session in the case of Gillespie v. Riddell (45 Scottish Law Reporter, 514), in which the Inner House, reversing the decision of the Lord Ordinary, held that the tenant of a sheep farm upon an entailed estate in right of a lease granted by one heir of entail in possession cannot enforce against a succeeding heir of entail in possession, as such, an obligation in the lease on the landlord to take over the sheep stock at the expiry of the tenancy; and whether, in view of the effect of that decision on sheep farming in Scotland, he will introduce remedial legislation.
§ MR. SINCLAIRMy attention has been directed to this case, the importance of which I fully realise. I understand, however, that an appeal against the judgment of the Court of Session has been presented to the House of Lords, and it would be premature to consider as to the need for legislation until the 734 result of the proceedings in that tribunal are before me. My hon. friends may rest assured that in the meantime the Government will keep the point under close observation.