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In looking for the solution of this question, two inquiries at once suggest themselves.
First—Do the proprietors erect the buildings and make other permanent improvements on the crofter holdings? Secondly—Are crofter leases as universal as leases of large farms?
As to the farm buildings, I may state that, with a few exceptions, they are erected by the crofters themselves; and that, in like manner, all other permanent improvements are either entirely neglected or are made by the crofters.
This state of affairs has given rise to a claim for compensation for such improvements precisely similar to the claim for tenant-right founded on the same cause in Ireland. The name by which such claims are generally known is, "comprizements." They are sometimes called "meliorations." On the estates of some of the large proprietors, such as the Duke of Sutherland, there is a good understanding between landlord and tenant, by which the crofters interest is a saleable commodity, but under much greater restrictions than amongst us in Ulster. In Caithness, the extreme northern county of Scotland, the claim for comprizements, as far as the timber used in building is concerned, is completely established as part of the common law, and is recognised in the courts. In the rest of the Highlands, the law respecting the claims of the tenant for compensation for the farm buildings, such as they are, is in the same unsettled and unsatisfactory state as with us.
As to crofter leases, I may state that they hardly exist, and that to this want the bad agriculture, and consequent prevalent distress have been chiefly ascribed by those Scotchmen most competent to form an opinion on the subject.
On this point I shall refer to two authorities.
The Edinburgh section of the Central Relief Board for the Highlands, after one or two years' experience, adopted the plan of employing the people on their own crofts; but the terms which they invariably insisted on from the proprietors, as a condition for this mode of relief being adopted, was a promise to grant crofter leases; and they state, as their reason for doing so, that without such leases they could have no security that the benefit of their improvements, executed in a great part with public charitable funds, would not be taken by the proprietors, instead of going to the proper objects of relief—the crofters. They state, as another reason, that the granting of such leases is essential to prevent the future recurrence of calamities such as they were called on to relieve.
But this point, about the connexion between crofter leases and the condition of the Highlands, is put very clearly and strongly by Captain Elliot, the Inspector-General of the Relief Operations in the Highlands. In reporting to the Edinburgh section of the Central Board, in November, he says:—
