LANDLORDISM IN SCOTLAND.

Western Star, Issue 932, 21 March 1885, Page 2 (Supplement)

LANDLORDISM IN SCOTLAND.

More than ordinary interest attaches to a case which was recently debated in Dingwall before Sheriff Hill. The litigants are Mr the wellknown American millionaire sportsman, while the defender is a Kintail cottar named Murdo MacEae. The object of the action is to prevent MacRae from grazing any stock on the lands of Kintail which are let to Mr Winans as a deer-forest. Two years ago Mr "Winans had an action in the Court of Session to compel Mr Mackenzie, the proprietor of Kintail to remove the cottars and crofters, all the lands of Kintail having been let to the pursuer as a forest. In that action, however, he failed, and hence the present action. Murdo MacEae, it appears, had a pet lamb in course of last summer. It was found motherless and in a weakly state on the farm of Lienassie, and on its coming into MacEae’s possession it was fed in the house, receiving a share of whatever food was going. It thrived remarkably well, and in the course of July was wont to wander from the house over the adjoining grounds. This, it is alleged, constituted an act of trespass \ for no sooner did it leave the public road than it was into the forest. Abundant evidence was led to show that it did go into the forest in this way. MacEae, indeed, did not deny that the lamb might have gone into the forest, but he alleged that it was not with his knowledge) and on his receiving the interim interdict, granted on Mr Witians’a petition, he removed the lamb. Proof was lately led at Dingwall over two days, while Mr Winans and Mr Mackenzie of Kintail were examined on commission in London, Mr Winans being there represented by Mr Q-uth-rie, advocate, and the crofter by Mr finlay, Q.O. In course of the examination of Mr Winans he stated that the deer were being disturbed by the people, and if he allowed one pet lamb there he might have a hundred. Then the following dialogue took place t— * Would it do you any good if you got rid of the pet lamb without the cottars ?—»I have explained that if I get one pet lamb I may have a hundred. Without the lamb the cottars will do a certain amount of harm. Will the deer come near inhabited cottages ?—The tendency is to prevent, and it does prevent. I cannot get the full benefit of the forest whilst the cottars are allowed to remain there, The deer will come near cottages when the persons are not outside to disturb them, but while the cottages are there they cannot get the full benefit of the ground in winter. Do you think the cottars or the pet lamb would do the most damage ?■— It depends upon the number of pet lambs. What I desire is to get rid of the cottages and their inhabitants, and I shan’t leave a stone unturned until I get rid of them. Mr Winans has, however, since then offered to abandon the present action if MacEae would bind himself in writing not to put stock on the forest in future.

This Macßae declined to do, and Sheriff Hill made avizandum.