HC Deb 17 November 1911 vol 31 cc737-9

(1) The Land Court may prescribe such regulations as to the exercise of pasture or grazing rights held or to be held in common under the Landholders Acts as they think expedient.

(2) The Land Court shall cause any proceeding under the immediately preceding Sub-section to be intimated to any person or persons, whether landholders or not, using or claiming to use the pasture or grazing to which the proceeding relates, and shall hear such person or persons on his or their application, and make such inquiry as they may deem necessary, and may make applicable to such person or persons any regulations prescribed under such proceeding: Provided that such regulations may contain provision for the removal by any person prescribed in the regulations of any stock placed on the common pasture or grazing in contravention of the regulations.

(3) Any person committing a breach of any regulations prescribed under this Section or an infringement of any scheme drawn up by the Crofters Commission or the Land Court, as the case may be, under the powers conferred by Section twelve of the Act of 1886, shall be liable on conviction before the sheriff under the Summary Jurisdiction Acts to a penalty not exceeding forty shillings, and in the case of a continuing offence to a further penalty not exceeding five shillings for each day during which such offence shall have been continued after written warning from the committee or from the Land Court, and any such penalty shall be recoverable by imprisonment in terms of the Summary Jurisdiction Acts.

(4) The Land Court may suspend or remove members of a committee under the Act of 1891 as amended, if satisfied that they are not properly carrying out the regulations respecting a common pasture or grazing, and may appoint or provide for the appointment of other persons (whether landholders or not) in their place. Where those interested in a common pasture or grazing decline to act on such a committee, the Land Court may appoint any per son or persons in the neighbourhood, whether landholders or not, with the powers and duties of such a committee. Where the Land Court, are satisfied that in lieu of such a committee a grazings constable should be appointed or elected for any township or group of townships or persons interested, they may make provision accordingly, and any regulations making such provision shall be deemed to be regulations prescribed under this Section, and the grazings constable may enforce such regulations, and shall be paid by assessment upon those using the pasture or grazing in manner provided by the Land Court, but not in excess of sixpence in the pound of rent.

The words "not being less than three or more than five," occurring in Section two of the Act of 1891, are hereby repealed.

(5) The Land Court may, on the application of the landlord, or landlords, or any landholder, and for such period and on such conditions as they consider equitable, apportion a common grazing into separate parts for the exclusive use of the several townships or persons interested, either as arable ground or as pasture, if satisfied that such apportionment is for the good of the estate or estates, and of the holdings or tenancies concerned.

(6) The Land Court may, on the application of the landlord, or landlords, or any landholder, apportion lands held run-rig among the holders thereof in such manner as appears to them in the circumstances of each case to be just and expedient.


I beg to move, in Sub-section (1), to leave out the word "or" ["such regulations as to the exercise of pasture or grazing"], and after the word "grazing" to insert the words "or other."

This Amendment is to provide for the case of turbary or seaweed rights and so on, which exist in various parts of Scotland. It may be pointed out there is a provision giving power to the Commissioners to regulate such rights, but that only applies to rights which are at present in possession of the crofter, whereas this Clause deals with future as well as with existing rights. I hope the Lord Advocate will accept this Amendment.


I accept it.

Question, "That the word proposed to be left out stand part of the Clause," put, and negatived.


I beg to move, in Subsection (4), after the word "satisfied" ["Land Court are satisfied"], to insert the words "after hearing all parties interested." My Constituents are anxious to make sure that everyone concerned shall have an opportunity to be heard, and I therefore hope the Lord Advocate will accept these words.


I beg to second the Amendment.


I am afraid this implies a larger burden on the Land Court. It would be an exceedingly difficult task in a case where there is a great number of crofts, and would involve much expense. I think hon. Members might trust the Land Court.

Question, "That those words be there inserted," put, and negatived.