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CASES IN WHICH LABOUR IS PAID BY A SHARE OF THE PROFITS
In the ling fishing the fisherman may be regarded, if we speak technically, as a vendor to the merchant. Practically he is a partner, for the price of his wet fish is in proportion to the proceeds of the merchant's sales of the cured fish. In the Faroe fishing the fisherman is more distinctly and formally a partner, for the agreement signed by the merchant and the crew entitles him to a share of one-half of the net proceeds of the fishing. The question to be answered is, whether the principle of the Truck Acts extends to these two occupations, so as to justify the State in laying down such rules as shall prevent the fisherman in either case from taking part of his earnings, although they are not wages, otherwise than in current coin; and if that be so, what practical difficulties stand in the way of applying the principle. It is difficult to read the evidence without arriving at the conclusion, that if it is right to protect the skilled artisans of Sheffield and Birmingham, and the highly paid miners of Lanarkshire and South Wales, from receiving their wages in goods, it is also right to require the fish-curer of Shetland to give money instead of goods to his fishermen. By whatever name we may call the earnings of the latter, there is not such a difference in the positions of the two classes as to justify us in applying to them different rules of law. Both are labouring men; for the Shetlander's possession of a small allotment of third-rate land does not elevate above the condition of a peasant.
If we apply to the Shetlander the legal distinctions which occur in the existing law, he differs but little from some of the protected crafts in England. He engages to fish the curer, and to give him the produce of his labour at the current price, just as a collier contracts to put out coal at a certain rate per ton. If the law is to protect from truck the man who agrees to be paid not directly for his labour, but for the result of his labour, the Shetland ling fisher may be held to fall within that principle. There is, indeed, this distinction, that his remuneration depends on the price eventually obtained for the produce of his labour, so that he takes the risk of the market. The amount of his earnings is affected both by his success in catching fish and by the fluctuations of the market. The collier, on the other hand, works for wages fixed at a certain rate, and the only element of uncertainty is the quantity of his out-put. The fisherman certainly works upon the co-operative principle at present; and in considering any legislative change, it may be desirable to avoid interfering with this principle of the present system, and unintentionally leading to the substitution of fixed wages.
ARGUMENTS AGAINST LEGISLATIVE INTERFERENCE TO ENFORCE SHORT PAYMENTS
It is maintained on various grounds that the provisions suggested for the prevention of truck in other trades cannot be advantageously applied to fishing. Most of the merchants are averse to short pays, and I cannot say that the fishermen themselves are in general desirous to have them introduced. I endeavoured to ascertain from the witnesses examined whether there is any insuperable obstacle to the introduction of ready-money payments for fish.
The objections may be reduced, to two classes:-
SHORT PAYMENTS 'IMPRACTICABLE'.
1. That payment of the fish on delivery would be 'impracticable;' which is explained to mean, (1) that it would necessitate the employment of more highly paid factors at the stations, and the conveyance of considerable sums of money for distances of many miles, there being no banks in Shetland except at Lerwick; and (2) that the settlement with the men would take up a long time and detain them from the prosecution of the fishing, which, during the summer months, requires incessant activity.
On the other hand, it may be said that every cargo of fish is now received at the station by a factor employed by the curer, who weighs the fish and enters the weight of each kind in his fish-book. If the price of the fish were fixed, there could be no difficulty in ascertaining the money share of each man in a particular haul, or in the catch of a week or a fortnight, as is done in Fife and in some of the Wick fisheries; and the factor might either pay it in cash or give an order, which the fisherman or one of his family could cash at the merchant's counting-house. If the price were left to be fixed at the end of the season, the law might require payment of a proportion of the estimated price, as it does now in the case of the Northern whale fishery.
The argument, that the settlement would take up an intolerable time, and prevent crews from getting to sea in favourable weather, is sometimes fortified by the assertion that the people of Shetland are singularly defective in arithmetic. Even if we assume this statement to be correct, there is so little intricacy in a calculation of the price of 18 cwt. of fish at 6s. 6d. per cwt., and dividing the sum among five or six men, that a very low arithmetical faculty would not be severely taxed in checking it. There is little doubt that in stating this objection, which scarcely deserves refutation, the simple settlement at landing a cargo of fish, or at paying cash for a week's fishing, is confounded with the very different kind of settlement to which the witnesses are accustomed at present, and in which all the transactions of a year in fish, cattle, meal, tea, clothing, soap, fishing lines, and a hundred other things, have to be gone over in detail, and checked generally, on one side at least, from memory.
SHORT PAYS 'NOT ADVANTAGEOUS TO FISHERMEN'
2. It is maintained that a system of short payments in cash would not be advantageous to the fishermen, because, in the first place, their improvident habits would lead them to spend their receipts at once, so that at the end of the year they would have nothing left with which to pay their rents, and no means of living in the spring, when the meal from their crofts is exhausted; and, in the second place, because it is inconsistent with their being paid according to the price actually realized for the fish, which is commonly higher than the 'beach price' during the season, or the market price at the time when agreements for the summer fishing are made.
The first of these reasons is felt and stated by some of the fishermen themselves. But are Shetland fishermen more improvident than other people similarly situated would be? Under the present system of credit transactions, indeed, it would be strange if a part of them were not careless and extravagant, and it would not be strange if a great majority were hopelessly improvident and insolvent. No man is more likely to waste his means than he who never knows how much he has to spend; and this general truth is not likely to fail in its application to men following a precarious calling in which there are great runs of luck, and who have been brought up from their earliest years to expect their employers to supply their pressing wants in times of adversity. But the objectors themselves assert, and there is no reason to doubt, that a very considerable proportion of the people have saved money in spite of the influences under which they live, and have, for their rank in life, large deposits in the banks. If many of them are careless and improvident, that is a reason, not for continuing, but for altering a system which is admirably conceived for promoting extravagance and recklessness about money. If some Shetlanders are improvident, it is the system which has made them so; and if it be a fact that so many have saved money, it proves that under a better system the people of Shetland would compare favourably with those of any other district in frugality and foresight. If the fisherman had his money in his hand, it is not likely that he would forget rent day and the time of short supplies which he has often to pass through in spring.
[R. Halcrow, 4700; R. Malcolmson, 4781; P.M. Sandison, 5227; G. Gilbertson, 9578; J. Hay, 5375; P. Blanch, 8565; C. Young, 5815, 5918.]
It is said that in bad years, when the crops or the fishing, or both, have failed, the population would starve in winter and spring if the merchants were not to make advances of meal and provisions; and that they could not do this, but for the security afforded by having the men engaged to fish to them for a price to be settled only at a distant day. Even if supplies of food are not required, men may be unable to go to the fishing for want of boats, lines, and hooks, which they have to get from the curer, and which, it is contended, may properly form a first charge against the proceeds of the enterprise. Fishing is always most productive when the men are paid by shares, not by wages; and it is not desirable to introduce any change which would necessitate the payment of the men by wages.
[W. Irvine, 3896; T. Gifford, 8150; H. Hughson, 9599; W. Irvine, 3834; A. Sandison, 10,007; L.F.U. Garriock, 12,605.]
It may be replied, that however true this may be, it just presents one of those cases in which the weaker party is likely to be led into a disadvantageous bargain, and in which, upon recognised principles, the law may interfere for his protection, by regulating the bargain so made, or by teaching him how to escape from the position of disadvantage. The transition to a new state of things might in bad seasons be attended with some difficulties and hardships, especially to those who are now indebted. Thus Mr. A. Sandison, in recommending a system of monthly payments, says, 'I think it would pauperize a number of the fishermen, because there are a great number of them in debt, and in the transition from the one system to the other they would require to pay up their debts, so far as their means would go' (Q. 10,015).* One cannot avoid observing that this class of objectors to cash payments exaggerate both the inability of the people to provide against the evil future, and the value of the 'merchants' as a source of credit in bad times. It is impossible to judge of the energy that would be exerted under the stimulus of necessity by a population which has always had landlords, tacksmen, and merchants to depend on in adversity. Those who urge that the men could not live, or at least could not go to fish, unless the merchants were there to supply their wants, forget that, while the existing system presents one ready source of credit to fishermen, it closes up all others. The fish-merchants, by getting delivery of their debtors' fish, have such a security for their accounts, that other shopkeepers do not now venture to furnish any but the smallest quantity of goods to the average fisherman on credit. But if there was some certainty that the fish-merchant had not a contra account against the fisherman, at least equal to the price of his fish, other merchants would not have the same reason, in cases of necessity, for refusing to give some credit to deserving men. This is shown by the fact-certainly an exceptional one-that a most successful business has been established in Dunrossness by Mr. Gavin Henderson, in a district where the tenants are strictly bound, and that he has been in the habit of giving credit to considerable amounts to fishermen bound to other merchants. And other cases of credit sales by others than the fish-merchant are recorded. The extension of credit dealings with smaller shopkeepers is, however, strongly deprecated by Mr. Spence and Mr. Sandison, partners of the firm of Spence & Co. It is enough to remark, that such credits would be subject to the ordinary rules of the law; and that if they were found to be injurious, it would for the Legislature to consider whether the rule of the Arrestment of Wages (Scotland) Act 1871, or a short prescription, should not be extended to them.
*'10,016. Do you think the fishermen under that new system would not be able to get credit to a certain extent?-I don't see how some of them could. For instance, take the year 1869. In 1868 the fishings were almost a failure. Our total catch in Unst and Yell amounted to 1607, which could not average much over 4, 10s. to each fisherman. That year we imported meal and flour to the amount of 1824, cost price per invoice; we paid in cash for rents to Major Cameron, Mr. Edmonstone, Lord Zetland, and others, 1600; and we expended on fishing-boats and fish-curing materials 780,-being a gross amount of outlay of 4223 against the fishing, the return for which, as said, was only 1607.'
[R. Henderson, 12,855; M. Laurenson, 7342; D. Edmonstone, 10,658; J. Thomson, 11,711; L. Moncrieff, 11,518; G. Georgeson, 12,032, 12,118; J. Twatt, 12,186; J. Spence, 10,559; A. Sandison, p. 248, f.n. 10, 494.]
It may be contended that a law which would restrict the freedom of fishermen to contract for payment in proportion to the profits realized on their fish, would be inexpedient; but it is not impossible to frame an enactment which, leaving them this power, should require payment, weekly or monthly, of such a proportion of their earnings as would obviate the necessity of living on credit.
OPINION OF MR SANDISON IN FAVOUR OF SHORT PAYMENTS
It is satisfactory to find one of the most enterprising and intelligent merchants in Shetland stating a strong opinion in favour of a system of monthly payments for fish. Mr. Sandison's evidence on this subject, with which the other members of his firm agree is as follows:-
'10,006. Do you think it would be possible to introduce any system by which the settlement should not be made at such long intervals?-I have considered the matter seriously since the Truck Commission was first spoken about, and I have come to the settled conviction that it would be very much better for the curer to pay monthly in cash.' '10,007. Would that payment be according to the quantity of fish delivered, or by way of wages, or partially both?-There are two reasons why I think wages would not do. In the first place, the fishermen would not like to take wages, because if they make a good fishing they would not get so much as they do now; and, in the second place, I am sorry to say that with the greater part of them, if they got wages they would not fish half so much.' '10,008. Then what system would you suggest?-I think the right system is just to fix a price at the beginning of the year of so much per cwt. for green fish, and pay it monthly or fortnightly in cash as may be agreed upon.' '10,009. Do you think it likely from your experience that the fishermen would agree to that?-Two years ago in North Yell, when I settled with the fishermen there, I urged the men to take cash payments, because we had no store there, and it was an inconvenience for us to send goods. We had to employ a man and pay him, which cost us something. But I found that they all declined my proposal. In the same year, 1870, I tried to engage our fishermen in the south of Unst and in Yell at a fixed price, and I did so. Every fisherman who went out in the south end of Unst and Yell that year was engaged at 7s. per cwt. I made that bargain in December in writing; but when settling time came we could afford to pay them 7s. 3d., and I did so, according to the previous practice. I might have pocketed 30 by that transaction; but if I had done so, the fishermen would have thought I had treated them dishonestly.' '10,010. Were they going to grumble?-I have no doubt some of them would have grumbled if they had not got the additional price. I would not say that all of them would have grumbled, because there are some of our fishermen who are very intelligent and very reasonable men, and who would have understood the thing, and said that a bargain was a bargain.'
GENERAL INQUIRIES AS TO FISHERIES IN OTHER PLACES
I have thus endeavoured to state some of the general considerations on both sides of the question as to the possibility and expediency of introducing, by direct or indirect legislative action, a system of cash payments into the Shetland fisheries. In such an investigation it is natural to ask how fishing undertakings are conducted elsewhere, and whether indebtedness and truck are necessary elements in the condition of all fishermen. In the hope of obtaining an answer to this question, which might either suggest a remedy for the case of Shetland, or might show how far local and exceptional legislation is admissible, I made some very general inquiry as to the state of fishermen elsewhere in regard to the mode of paying their earnings. For this purpose some personal and informal inquiries were made in Orkney and Wick; and at Edinburgh two of the employees of Mr. Methuen, the most extensive fish-curer in Scotland, who has stations on almost all parts of the coast, were examined. The prima facie conclusion derived from such inquiries is, that where fishermen are not within easy reach of a fresh market, they are apt to be largely in debt to the fish-curers. In Orkney, the social state of which formerly closely resembled Shetland as it now is, a great change has been effected by the improvement of agriculture. The tenants have to a large extent abandoned fishing, finding sufficient employment and adequate support in cultivating their farms. In Orkney the fish-curers have in general no shops. I was not able to ascertain whether there is any practice of guarantees, such as is said to exist at Wick and Stornoway.
[G.S. Sutherland, 16,661 sqq.; D. Davidson, 16,920 sqq.]
COMBINATION OF FISHING AND FARMING
Orkney is referred to as showing the beneficial effect of separating the occupation of fishing from that of farming. It is not, however, certain that the immediate separation of fishing and farming in Shetland is either possible or desirable. It is held by some of the chief opponents of truck in Shetland that the land will be most profitably managed under a system of sheep farming, and that the fisheries also will be most productive if the fishermen are not dependent for a material part of their subsistence upon their crofts, but are stimulated by necessity to go to sea during the greater part of the year. The 'improvements' which have been begun with the view of effecting this separation on the Garth and Annsbrae estates, have given rise to much of the indignation which the introduction the of sheep farming and depopulation has been wont to excite in similar cases. Nothing but actual experiment, however, will prove whether cod and ling fishery can be prosecuted successfully from the coasts of Shetland in winter. The fishermen here do not, like those of Wick, described in the paper of Mr. M'Lennan, fish all the year round in modes adapted to the varying seasons. Almost their only profitable fishing is in the summer months; and it seems to be certain that the haaf fishing could not be successfully prosecuted in winter with the present open boats. These, buoyant and wonderfully safe and handy as they are, afford no shelter, and cannot in stormy winter weather keep the sea for any length of time. When a storm comes on the Shetland fisherman makes for land, although it is in approaching it that he meets with the dangerous tideways in which the shipwrecks of his comrades have usually taken place. In winter and spring these storms are so frequent and so sudden, that it is impossible for open boats to pursue the haaf fishing successfully. It is disputed whether larger vessels, such as the smacks employed in the Faroe fishing, or those of the Grimsby and Yarmouth men, could carry on the long-line fishing in the deep water and rocky bottom of the Shetland haul, and the best authorities say that they could not, because on that fishing ground the lines cannot be taken in by the boats while sailing. It does not, however, appear whether recent attempts have been made on a sufficiently large scale to justify a decision in the negative; and it is satisfactory to know that a company has been formed for the express purpose of extending the season of the ling fishing, and carrying it on without the ordinary connection with a shop.
[Appx. p. 61; C. Williamson, 10,841; L.F.U. Garriock, 12,478, etc.; C. Williamson, 10,839, 10,794; J. Walker, 15,941, 15,952.]
INQUIRIES AT WICK
At Wick many of the resident fishermen are nothing but fishermen; but some who fish from Wick in summer have small farms along the coast, and many of the hired men who are required for the herring fishing come from Highland districts, where they combine agricultural and seafaring occupations during the rest of the year. The paper by Mr. M'Lennan of Wick affords interesting information with regard to the Wick fisheries. It shows, by the experience of the haddock fishing and the winter cod fishing, that payment to crews fishing on shares, or 'on deal' as it is there called, may easily be made each Saturday night; by that of the winter herring fishing that payment may be made at landing the fish, and by that of the Lewis herring fishery, how a settlement in a very extensive fishing with complicated arrangements is made immediately at the close of the fishing season.
[Mr M'Lennan, Appendix II; D. Davidson, G.S. Sutherland, 16,806, 16,750.]
At Wick the herring fishing alone is directly affected by the indebtedness of the fishermen, and in it alone is the settlement delayed for two months after the close of the season. The amount of indebtedness existing among the fishermen, and its effects upon the bargains which they make, is remarkable. In Shetland, as has been seen, one-third, and in some districts a much less proportion, of the fishermen is indebted to the curers. There, 20 or 30 is a very large debt for a fisherman to owe, and such debts make no disadvantageous distinction between the debtors and other fishermen in regard to the price paid for the fish. At Wick, on the contrary, the expense of boats and nets is so great, that debts of 200 and upwards are not uncommon; and all who owe above a certain amount are obliged to fish for 20 per cent., or according to another witness 1s. per cran, less than free men get. These statements agree with the information I received personally from a large fish-curer at Wick. Mr. M'Lennan says that 'there is no such thing as truck; and payment, when payment is owing, is made in cash.' But it appears both from his paper and from the evidence of Mr. Sutherland, that at Wick, and in the Hebrides and West Highlands, the men cannot prosecute the fishing without supplies being advanced to them. Except, however, as regards boats and fishing materials, these advances are not made directly by the curers, who do not keep provision shops but by the local shopkeepers upon 'lines' or guarantees by the curers. 'It is tolerable certain,' says Mr. M'Lennan, 'that the curer receives an abatement or discount from the merchants' prices of meal, goods, ropes, nets, or other things which the fishermen procure on his guarantee.' Nothing, indeed, can be more probable; but no inquiry being made into transactions between curers and fishermen out of Shetland, except for the purposes of suggestion and comparison, I am not able to say whether such a system of disguised truck does in fact prevail.
[G.S. Sutherland, 16,805.]
It seems to be fairly deducible from this evidence, that cash payments for fish are not impracticable and inexpedient, as some witnesses have said. The condition of fishermen in Wick and the West Highlands shows further that Shetland is not, as has sometimes been thought, a peculiar and exceptional country. Elsewhere also fishermen have crofts, are poor, and in debt; require advances for boats, fishing implements, and provisions; and obtain them from or through the curers to whom they sell their fish. The evidence given before the Select Committee on the Irish Sea Fisheries Bill of 1867 shows that the condition of many fishermen on the Irish coast is worse in regard to indebtedness than that of any in Shetland.
The question may then be asked, whether a partial and local remedy should be applied to Shetland, while nothing is done for the fishermen of other districts; and whether it is expedient to pass an Act of Parliament for the protection of a particular trade in a single county, unless it be fully ascertained that its circumstances are materially different from those of the same trade in the rest of the empire. It is for Her Majesty's Government to decide whether it can introduce a measure for the repression of truck, and the regulation of agreements between fishermen and their employers, without having information as to the nature of the present relations between these parties throughout the empire.
There is a good deal to lead to the conclusion, if any general conclusion may be formed from a local and partial investigation, that fishermen and fish-curers may fairly be subjected to regulations analogous to those which the Merchant Shipping Act lays down for the engagement of seamen. It is also a point worthy of consideration, whether the prohibition of set-off should not be extended to all dealings between fishermen and fish-merchants, with this exception, that the curer or merchant should be at liberty to retain one third of each week's or month's earnings for payment of any boats or lines supplied to the fishermen by him or on his guarantee. The carelessness or incompetence of fishermen in regard to pass-books and accounts, suggests also the propriety of a limitation of action upon such accounts to three months, with a provision that no acknowledgments shall bar prescription unless holograph, or signed before witnesses.
LAND QUESTION.
I have not thought myself at liberty to enter upon the land question in Shetland as substantive part of the inquiry; but it is plain that the prevalence of truck is due in no small degree to the habit of dependence, or submission, which the faulty relations between landlords and tenants have fostered. Here, too, however, it may perhaps be said that legislation ought not to be of a local and exceptional character. I may at least be permitted to hope that, in any reform of the land tenancy laws of Scotland, the case of Shetland will not be forgotten.
The introduction of a class of peasant proprietors seems impossible, except by some measure resembling the 44th clause of the Irish Land Act, 1870; while the sudden expulsion of the present population, and the substitution of sheep, would probably be destructive to the fishing industries as they now subsist. But the present insecurity of tenure is not consistent either with the permanent interests of the land (in which the country still more than the landlord is concerned), or with the formation or maintenance of a race of independent and intelligent citizens. Probably a law of landlord and tenant, passed with no arrire pensee as to maintaining the authority of the landlord, but with the honest intention of reconciling the rights and interests with the independence of both parties to the contract, would not permit the landlord to evict without cause upon forty days' warning. It may even be maintained that in the present state of agricultural science, no tenure for so short a period as one year ought to be permitted. Farmers of the larger class, however, are or ought to be able to protect themselves in their bargains with landlords; and as this Report has nothing to do with such tenant farmers, they may be left out of the question. But in the case of small fishermen farmers, it is worthy of consideration whether a warning of at least one year, excepting cases of insolvency or specified kinds of misconduct, ought not to be required before eviction from any agricultural holding below a certain rental; and whether in such holdings tenants should not have some summary means of recovering from the landlord or succeeding tenant any extraordinary expenditure they make upon their land or houses.
. (Signed) W. GUTHRIE. EDINBURGH, 15, 1872
APPENDIX to COMMISSION ON THE TRUCK SYSTEM (SHETLAND).
I. LEASES AND RULES FOR TENANTS.
I. CONDITIONS OF SET of all LANDS forming parts of the ESTATE of QUENDALE, in the Parishes of DUNROSSNESS, AITHSTING AND SANDSTING, TINGWALL, WHITENESS AND WEISDALE, and LERWICK, in SHETLAND.
1. The proprietor reserves—(1.) All mines and minerals, limestone and stone quarries, marl and clay, in his lands, with full power to work the same. (2.) All shell-fish, and especially mussels and mussel scawps, and all shell-sand on the shores of his lands, with sole and exclusive power to take and use the same. (3.) All game and rabbits on his lands, and sole right to take and kill the same, with full power to enter on and use his lands for that purpose. (4.) All lochs and burns, with power to drain the lochs, and divert the course of the burns, the proprietor making compensation for damage by any of his said operations; and the tenant being entitled to take and use, for his own purposes only, the limestone, stone quarries, marl and clay in the lands occupied by him, and the shell-fish, mussels, and shell-sand on the shores thereof, subject always to such rules and restrictions as the proprietor may establish or prescribe in regard to any or all of these matters.
2. The proprietor reserves the heritors' share of all ca'ing whales killed or stranded on the shores of his lands; and every tenant, on behalf of himself, and all in family with him, acknowledges the proprietor's right to one-third of such whales.
3. The landlord reserves to himself all tang and other sea-weed, growing and drift, with power to enter upon all his lands, and use the same for the purpose of manufacturing the same, without making any compensation to the tenants therefor; but the tenants shall be entitled to take such tang and sea-weed as they may require for manure.
4. The proprietor reserves full power — (l.) To redivide his enclosed lands, to the effect of placing the lands of each tenant in one or more portions, and in a different place or places from where they may have previously lain. (2.) To regulate and control the use of the town mails, grass, and arable lands, by placing restrictions on the tenants in the keeping of swine, geese, or otherwise. (3.) To enclose or otherwise withdraw from the scattalds such portions, not exceeding one-fourth of each scattald, to be judged of as at the date of each tack, as he may deem proper. (4.) To regulate the amount of sheep and horse stock to be kept by each tenant on the scattald, so that each tenant shall have an amount of pasturage proportionate to his rent. (5.) To limit the number of swine and geese to be kept by each tenant on the scattald, and, if he sees fit, to prohibit the tenants from turning loose or keeping swine or geese on the scattalds altogether, and, where allowing of such stocks, to place the keeping of them under such regulations as he deems proper.
5. The proprietor reserves all trout fish in the lochs and burns on his lands, and sole right to fish therefor; and every tenant shall be held specially to consent, and shall be expressly bound and obliged, alike as regards himself and all in family with him, to abstain from fishing for trout (fresh-water or sea-trout alike) in all fresh-water lochs, waters, and burns, and also in all burn-mouths into which the sea-water may flow, and in all voes, inlets, or bays, though consisting wholly or partially of salt or sea-water, into which any fresh-water lochs or burns flow, and bounded wholly or partially by lands belonging to the Busta estate; and shall in no way take, or attempt to take (by rod, net, cruive, or hoovie, or in any other way), any trout fish therein, unless with the express leave of the proprietor; and when such leave extends to fishing by net, then with a net of the size of mesh, used in the manner, and at the time, and to the extent, expressly allowed and prescribed by him.
6. All tenants shall be bound, if required, to pay, over and above their stipulated rents, their proportion of all public and parochial burdens which the law has laid, or may lay, directly upon tenants, any custom to the contrary notwithstanding.
7. No office house must, hereafter, be erected on the side or end of a dwelling-house, without the written permission of the proprietor; and no tenant shall be entitled to remove from out the dwelling-house or offices possessed by him at the expiry of his lease, any roof, window, door, loft, stair, or other plenishing of a like fixed nature, even though furnished and put in by himself, unless his tack specially confers upon him such power; but the incoming tenant shall be bound to pay the outgoing tenant the value of the roofs, windows, and doors of the office-houses, if such roofs, doors, and windows were paid for by him at entry, or furnished by him during his lease.
8. Every tenant shall be bound, throughout the whole currency of his tack, to maintain good and sufficient dykes of every sort, including yard dykes, and to maintain sufficient and convenient grinds in his dykes at all places usual and needful, and to have all dykes in thorough and sufficient repair, and all grinds sufficient and properly hung, at the latest on or before the first day of April, and to keep up said dykes and grinds until the first day of November in each year.
9. That in the event of any tenant not keeping dykes and grinds in sufficient order, the proprietor shall be entitled to enter upon the lands, and to repair the same, and to charge the tenant 10 per cent. on the sums expended by him in said repairs; and the amount shall be held as conclusively ascertained and fixed by a certificate thereof, under the hands of the factor on the estate of Quendale for the time.
10. Every tenant shall be bound to cultivate his lands in a proper and husbandlike manner, with reference to the best practice of husbandry in the district, and to consume upon his lands the whole straw, hay, and fodder grown thereon, and not to sell or remove any thereof, or any manure made upon the said lands from off the same, even during the last year of his lease; the incoming tenant being, however, bound to pay the outgoing tenant the value of the straw, hay, fodder, or manure left by him on the lands.
11. In all cases, where arable lands are situated on a slope or declivity, and are laboured by spade, the tenant shall, when labouring, delve the riggs lengthwise, or along the side of the rigg, each feal or fur extending from the top to the bottom of the rigg, and the delving to begin one season at the right side, and the next season at the left side of the rigg; and, in situations where it is necessary to delve down hill, the tenant shall remove the first or lower feal or fur at the bottom of each rigg, and along the whole breadth thereof, and shall, when the rigg is completely delved, carry the said removed feel or fur to the top, and deposit it in the last fur or hollow at the top formed by the turning down of the topmost feel or fur, so as much as possible to prevent the removal, to the foot of the rigg, of earth from the higher ground.
12. No tenant shall be entitled to bring upon the lands possessed by him (enclosed or scattald), or to allow to remain thereon, any stock that does not belong to himself, or any halvers stock, or stock that belongs wholly or partially to others, even though such owners or co-owners be members of his own family, without the express leave in writing of the proprietor; but tenants shall be entitled to take for hire cattle to feed on their enclosed lands during summer, or any tenants of parks or islands to take for hire cattle to feed during the year round.
13. No tenant shall, on any pretext, keep or allow to be kept on his enclosed lands or scattald, any swine, unless the same shall be properly ringed; and it shall be the duty of all persons finding unringed swine on lands belonging to the estate, immediately to inform the factor or ground officers, or, the persons so finding unringed swine, may lay hold of them, forthwith informing the factor or ground officers of the circumstance; and no tenant shall be entitled to cut truck or take earth, whether for the purpose of manure, or any other purpose whatever, or to cut peats, feal, or divot, or to cast pones, or ryve flaws, or ryve or strike, or cut thack or heather, or to cut, pull, or to take floss, or rushes, at any places or times, or in any way or manner, except at the places, and at the times, and in the way and manner, that shall be allowed by the proprietor; and, until special places, times, ways, and manners shall be pointed out and prescribed, tenants shall only do these acts at the places and times proper and usual, and in the way and manner least calculated to exhaust the supply and injure the pasture or other subject; and especially in cutting truck and taking earth, no tenant shall be entitled to do it where the soil is thin and the ground high or sloping, nor to scrape mould on such ground, but only to cut truck and take earth from places where the soil is deep, or where, from being in a hollow, it will speedily again accumulate and sward over; and, in cutting peats, tenants shall on all occasions open the banks in a straight line, and in the line of the watercourse, and make proper drains from the lower end of the banks, in order to prevent the accumulation of stagnant water, and shall carefully preserve the surface feal, and as soon as the peats are cut, smooth the surface of the bottom of the banks, and replace properly the surface feals with the grass side uppermost.
14. No tenant shall be entitled to keep more than two dogs, and which dogs shall be harmless, and properly trained not to follow sheep, except when sent after them by their masters; and every tenant shall be responsible for all damage done by any vicious dogs kept by him, and shall be bound to part with any dogs judged by the proprietor to be vicious, on a requisition by him to that effect.
15. No tenant shall be entitled to sell or retail, or allow to be sold or retailed on his lands, any spirituous or malt liquor, tobacco, snuff, or tea, nor to carry on, nor allow to be carried on upon his lands, any fish-curing business of any kind, without the consent of the proprietor; with power, however, to the tenant, if a fisherman, to cure the fish caught by himself; and that either separately or in conjunction with other fishermen.
16. No tenant shall receive into his house nor allow to harbour on his lands, any useless or disabled persons, not members of his own family, or any idle or disorderly or disreputable person or persons whatever, or any married persons (except himself), though relations, without the leave of the proprietor; and every tenant shall be bound to maintain all members of his family, who, from infirmity, age, or otherwise, may be incapable of supporting themselves, so as to prevent their becoming a burden on the Parochial Board.
17. Every tenant shall be bound to maintain good neighbourhood; to abstain from all encroachments on his neighbours, either by allowing his cattle improperly to stray on their grounds or otherwise, and to that end to keep his cattle properly tethered within the limits of his own grass, ley, or stubble ground, from the 1st day of April to the 1st day of November in each year; and to maintain in all respects a character and conduct becoming an industrious and Christian man, and to enforce such a line of conduct on all living in family with him.
18. Every tenant shall be bound to bring up and educate his children properly, according to his means and opportunities, by using every endeavour to allow of their attendance at schools where sound religious and secular knowledge may be acquired; and, by precept and example, otherwise training them up to be pious, industrious, and good members of society.
19. It is expressly declared, that all powers conferred on the proprietor by these conditions shall be capable of being effectually exercised and carried into effect by, and at the instance of, the duly appointed factor on the estate of Quendale, and by the sub-factors and ground officers under them.
II. RULES FOR THE BETTER MANAGEMENT OF THE SUMBURGH ESTATE.
Any tenant on the estate can apply for a copy of these regulations; and on his obtaining said copy, duly dated and signed by himself and the landlord, these rules shall form a binding agreement between himself and the landlord, and shall have all the force of a lease.
Each holding shall be valued by the landlord, and the nature of the holding and value declared on the back of the copy of these rules, handed to the tenant thereof; and the rent shall not afterwards be raised to that tenant for the term of fifty years, except as herein provided.
As, in time past, money has gradually but surely decreased in value, and land has gradually increased in value in the same or a greater proportion, it shall be in the option of the landlord, at the end of ten years from the signing of this agreement, to make such addition to the rent paid by the tenant as he shall see fit and reasonable, according to the times; but said addition shall, under no circumstances, exceed twenty per cent., or one-fifth of the rent formerly paid, and so on, at the end of every ten years.
The tenant shall be at liberty to make such improvements on the property in his occupation as shall be sanctioned by the landlord; and such improvements, when executed, shall be inspected by the landlord, and shall be described in a minute appended to this agreement; and said minute shall declare the value of said improvements, and the number of years it is considered the tenant ought to occupy said holding, in order to obtain repayment for said improvements; and should the tenant leave his holding before the expiry of said number of years, he shall be entitled to receive from the landlord compensation for the unexhausted part of his improvements, as under:— Dividing the declared value of the improvement by the number of years of occupancy required to repay the outlay, the tenant shall receive one part for every such unexpired year; thus: suppose the improvement cost twenty pounds, and the number of years required to repay the outlay were twenty years,— if the tenant left after five years, he would be entitled to fifteen pounds; if after ten years, to ten pounds; if after fifteen years, to five pounds; and so on.
No tenant shall have a right to claim compensation for improvements which have not been approved of by the landlord, by a signed minute, appended to this agreement.
Should any tenant fail to execute such improvements as the landlord shall consider necessary, then the landlord shall be entitled to enter on said holding, and execute said improvements himself; and shall charge the tenant, in addition to his rent, such interest on said improvements as he shall see fit,—said interest not to exceed ten per cent., or two shillings in the pound, on the total cost.
Should any tenant desire improvements which he is unable to execute without assistance, he may apply to the landlord, and obtain from him such assistance as he may require; the landlord charging interest on such outlay made by him, as above provided, and the tenant being entitled to compensation, as above provided, on his part of the outlay.
All houses, buildings, fences, and drains, as well as any improvement made, as above, must be kept up by the tenant during his occupancy, and in good tenantable repair; and the fact of any tenant allowing such improved property to deteriorate, shall debar him from claiming compensation for it.
After any farm shall have been enclosed, the tenant shall be bound to adhere to a rotation of crops, or course of cropping,— the ordinary five-course shift of or <potatoes, corn, grass>, or other rotation, to be approved of by the landlord.
No tenant shall cut up the grass lands for truck, feals, or divots, either within the town dykes or in the scattald, except on such spots as may be pointed out by the ground officer.
Peats are only to be cut where pointed out by the ground officer: the banks to be opened in straight lines, the moss cut to the channel, and the feals laid down, carefully, with the grass side up.
No tenant shall allow his swine to go at large.
No tenant shall sublet any part of his holding, or shall take in a second family to live with him or on his farm, without permission from the landlord.
The landlord reserves to himself all minerals, game, shooting, and trout fishing on the estate; and shall be at liberty, at all times, to enter on any holding, to search for and work minerals and quarries, to lay off and make roads, and to alter the marches of any farm in such a manner as he shall see fit. But should such action of his lessen the value of any farm, he will make a proportionate reduction of rent.
The tenant shall be bound to observe all the rules generally in force on the property for the time being.
<Subject to the above rules, the landlord reserves right to take into his own hands any part of his estate, at any time, on giving the tenant legal notice>.
III.
ARTICLES, REGULATIONS, AND CONDITIONS OF LEASE, which are to have the same effect as if engrossed at length in the Leases agreed betwixt the PROPRIETOR of the Estates of GARTH and ANNSBRAE, on the one part, and the Tenants of said Lands, on the other part.
1. <Length of Lease and Rent Term>. — The lease shall be for ten years from Martinmas. The rent shall be due and payable at the term of Martinmas every year.
2. . — Such local or other taxes as shall be levied upon tenants shall be duly paid by them when due, or if advanced by the proprietor, shall be settled for along with the rent.
3. — The tenant is bound not to sublet or assign in whole or in part, directly or indirectly, without the permission in writing of the proprietor or his factor. Without similar permission, only one family shall occupy the subject let. The head of the family is responsible for the conduct of all the members of same. The tack is to go to the lawful heirs-male of the tenant, according to seniority in the first instance, and failing heirs-male, to the heirs-female by the same rules, without division. But the tenant is allowed, notwithstanding, by a written deed or letter under his hand, to select any one of his children in preference to another to succeed him in the lease, who will be recognised and received as tenant, upon due intimation being given in writing, provided that the lease descends to the individual named free and unencumbered.
4. <Repairs to Houses, etc.> — The tenants are bound to maintain, keep, and leave at the end of their lease in good tenantable condition the houses, and all permanent improvements handed over, or that may be added during the lease.
5. <Enclosing and other permanent Improvements.> — In consequence of the land being unenclosed, and in need of draining and other permanent improvements, the tenants are bound to annually expend upon their farms, in such manner as may be pointed out by the proprietor or his factor, improvements equal in value to the amount of the annual rent. During the first five years of the lease the proprietor will allow annually an amount equal to one half of such permanent improvements as may have been executed in a satisfactory manner (said amount in no case to exceed one half of the amount of rent). During the last five years of the lease, the tenants are bound to pay in addition to the annual rent a further rent-charge, at the rate of seven per cent. per annum upon the total sum or sums allowed for improvements during the first five years of the lease.
6. <Rotation of Cropping.>—The practice of continuing to labour without any regular rotation, and to exhaust the soil by over-cropping, being extremely prejudicial both to the interests of the proprietor and tenants, it is stipulated that every tenant shall follow a five-shift rotation of crops in the order after prescribed, viz.:—one-fifth of the farm under summer fallow, or green crop properly cleaned and dunged; two-fifths to be under corn crops, but not immediately following each other in the, same division; and two-fifths in first and second years grass. During the first three years, as it may be impossible to follow the rotation, the tenants are bound to follow such orders of cropping as may be pointed out by the proprietor or his factor.
7. <Selling Straw, Turnips, etc.> — To insure the improving the lands, no tenant shall be at liberty to sell or otherwise dispose of any straw, turnips, hay, or dung produce upon his farm. All that class of produce must be consumed on the farm, unless with the written permission of the proprietor or his factor.
8. — In compensation for the tenants leaving their lands in a more improved condition, and for being prevented from disposing of certain portions of their crops, the tenants are to be paid for the grass seeds sown with the way-going crop, as also for their straw, hay, and turnips left at the end of their lease, and for all dung made during the last six months of said lease, all at the value as appraised by two arbiters mutually chosen.
9. <Keeping second-rate Animals for breeding purposes.> — To insure improvement upon stock, no tenant is allowed to keep any bull, stallion, ram, or boar, except such as has been approved of, and permitted in writing by the proprietor or his factor.
10. — To prevent the destruction of, or annoyance to, the stock upon the scattalds, no tenant will allowed to keep a dog or dogs.
11. <Minerals, Shootings, etc. reserved.> — The proprietor reserves to himself the right of searching for, opening, and working mines and minerals, on paying such surface damage only as may be ascertained and fixed by two arbiters mutually chosen. The proprietor also reserves the shootings, and the salmon and trout fishings.
12. <Peat-moss, Sea-weed, and Shell-sand reserved.> — The proprietor further reserves to himself all the peat-mosses, sea-weed, and shell-sand, with power to regulate and divide them as circumstances may render necessary. All tenants are bound in future to cast such peats as may be allotted, in a regular manner, and to lay down the turf in neat and regular order, without potting, and to the satisfaction of any one duly appointed by the proprietor. The drift, seaweed, and shell-sand to be used as manure, will be divided amongst the tenants, according to the quantity of land held by each. All other sea-weed, rights of foreshore, share of whales, etc., are expressly reserved by the proprietor.
13. noust, — All privileges of grazing upon scattalds, removing ' truck,' etc., is reserved by the proprietor. No tenant is allowed any privilege outside the boundary of his farm, with the single exception of the boats nousts as presently enjoyed.
14. — The tenants are bound to accede to all local regulations which are or may be established for the more orderly management of the property, and the general interests of all concerned.
15. — It is expressly stipulated, that when any act of bankruptcy upon the part of the tenant takes place, that his lease shall terminate and revert back to the proprietor at the first term after such act of bankruptcy; but to remove all grounds to complain of injustice, whatever rise of rent is actually obtained from the farm in a bona fide manner, when let anew, shall be accounted for annually when received during the balance of the lease to the creditor or trustee, or an equivalent paid in one sum for all the years of the lease unexpired.
16. — The proprietor reserves to himself the right to grant feus off any farm, upon allowing such deduction of rent only as may be determined by two valuators mutually chosen.
17. — All tenants are bound to conform to the foregoing articles, regulations, and conditions of lease, under the penalty of forfeiture of all the benefits of their lease, and immediate loss of their farms.
18. —A printed copy of these conditions and regulations, signed by the proprietor or his factor, before witnesses, shall be delivered to each person who is accepted as a tenant, and the tenant's name, designation of farm, amount of rent, etc. entered in a minute-book specially kept for such purpose; and the tenant may at any time afterwards claim a regular lease upon stamped paper, to be extended at his own expense.
19. — Every tenant shall be bound to remove from the houses and lands at the expiry of the lease, without notice of removal or other legal warning, and shall be liable to double the previous year's rent for every year that he or she may remain in possession after the termination of the tack.
IV. CIRCULAR sent to TENANTS on Major CAMERON'S Estate in Unst, by the Tacksmen, Messrs. SPENCE & CO.
As there has been, for some time past, many vague reports throughout the island regarding the change of system in the management of the tenantry, consequent on the withdrawal from them of the scattalds, which of late have been looked upon as more valuable than formerly, with other changes in the mode of farming, etc.,
We therefore deem it right to make it generally known to the tenants on the Garth and Annsbrae estates in Unst, that, knowing the change was certain, and believing it would be severely felt at first, if not gradually and judiciously introduced; we have, hoping to modify to a certain extent coming changes, obtained a lease of these estates; and, with the view at the commencement, and throughout, if possible, of retaining the scattalds in connection with the arable lands and outsets, have taken the scattalds at a fixed and separate rent. The scattalds, on this footing, if viewed as a business speculation, could be enclosed, as has been done here and elsewhere, and let out to strangers, or occupied by ourselves. Such a course, however, we consider would be hard on the present tenants, and therefore, in the meantime, purpose to forego all pecuniary advantage which might, by keeping the scattalds, arise to ourselves, and give such over to the general advantage of tenants, on condition of receiving for all animals pasturing thereon a fixed rate per head, to be determined yearly. With this view, and in order to disturb existing arrangements as little as possible this year, we shall begin with fixing a charge of 1s. 6d. per head on byre cattle, 3s. 6d. per head on all horse stock over one year old, with 9d. per head for sheep, payable at Martinmas 1868. These rates will be doubled for stock to tenants on any other property found pasturing on the scattalds rented by us; and before these neutral tenants will be allowed to pasture stock on our scattalds, they must pay in advance, and obtain a licence for such number as they wish to pasture on the grounds. Thus the benefit of the scattalds will be secured to those who pay for them. Measures will be adopted to protect the tenants and ourselves from all unlawful trespass.
As regards the 'rules and regulations' in force on the Garth and Annsbrae estates, copies of which have been given to the tenants in Unst, we have obtained such modifications of these, as, we believe, will be found satisfactory, easily wrought, and we fondly hope for the good of all concerned in the end. These modified rules, however, will not come into operation this year; tenants will have time to consider them; and, when introduced, we believe generally, they will see the advantage accruing to themselves. We do not expect that the idle and thriftless will admire them, but it may help them to discover that 'Idleness is the parent of want, while the hand of the diligent maketh rich.'
From these remarks we hope it will be seen that our desire is to help and benefit the tenants, and, as far as we can, raise them, socially and morally. With a strict regard to equity, confining ourselves entirely to this affair and business, on strictly fair and just principles, we shall persevere and hope, under the blessing of Providence, that all will result well to proprietors, tenants, and ourselves.
In carrying this work forward, we ask the tenants' help and assistance; we will study never to present ourselves in a false light, and we shall at all times claim honest and fair dealings on the tenants' part; doubledealing, deceit, and dishonesty will be punished; the idle-inclined and the spendthrift will meet with encouragement only as they abandon those habits. The careful, honest, active man will receive all help and encouragement in our power. Our desire is to benefit all under our care, and we will do so, unless the tenants themselves prevent it.
JOHN SPENCE. WILLIAM G. MOUAT. JOHN THOMSON. 1867. ALEXANDER SANDISON.
V.
EXCERPTS from LEASE between Major T.M. CAMERON of Annsbrae and Messrs. SPENCE & CO.
The subjects set are all and whole the town and farms of Norwick, Balliasta, and others, together with the outsets thereon, as more particularly specified in the rental annexed, and subscribed by the contracting parties as relative hereto, together also with the scattalds, dwelling-houses, piers, booths, beaches, and all parts, pertinents, and privileges of the said lands not hereby expressly reserved, and not inconsistent with the working of the lands under the rules of good management, all lying in the parish and island of Unst and county of Shetland, with entry to the said lands and others (excepting as to the following farms and subjects held on lease by the respective tenants, viz.: Crossbister, held by Edward Ramsay; Balliasta, held by Charles Gray and James Manson; the grass parks of Gardie, held by Alexander Sandison; house and one merk in Himron, held by Alexander Harper; the mill Westing, now vacant; Saredale, held by John Nisbit; Muness, held by James Thomson; Collaster, held by James Smith; and Uyeasound, held by Donald Johnson) at the term of Martinmas, in the year eighteen hundred and sixty-eight, and from thenceforth to be peaceably occupied and possessed by the said lessees for the space of twelve years, say until the term of Martinmas in the year eighteen hundred and eighty; and with respect to the said subjects already let by the proprietor, with entry at the termination of the respective tacks thereof, and from thenceforth the whole of said subjects to be peaceably possessed by the said lessees till the said term of Martinmas, eighteen hundred and eighty; but declaring that, notwithstanding the term of entry to these subjects is postponed on account of their being already let, it is provided and declared that the lessees under this tack shall draw the rents payable in respect thereof from and after the term of Martinmas, eighteen hundred and sixty-eight; together also with the right to the said lessees of manufacturing kelp from seaweed grown upon or gathered from the shores of the said lands, together also with the right of collecting drift-weed be used as manure, and the right of cutting turf or 'pones,' but that only for the purpose of keeping in repair the roofs of the houses hereby let, and only in parts of the subjects where the same would be least injurious to the lands; and in the event of any difference of opinion arising as to this, the same to be determined by the arbiter hereinafter appointed; together also with the right of cutting peats in the manner after mentioned in the rules for subtenants; reserving to the proprietor all mines and minerals, with liberty to search for, etc.
And in respect the lessees are taken bound, as after-mentioned, to expend yearly for five years certain sums on the improvement of the property hereby let, the one half of which is to be repaid to them by the proprietors in the manner afterwards stated: And whereas they contemplate getting their half of these improvements executed by their sub-tenants under certain stipulations in the sub-leases after mentioned, the condition of which sub-leases are new in Shetland, and a number of the tenants may decline to enter into them, thus leaving vacant farms, and entailing on the lessees themselves the half of the expense of carrying out the improvements upon these farms; it is hereby provided and declared, and the said Thomas Mouat Cameron, for himself and his foresaids, their heirs and successors, binds and obliges him and them, that should such a number of the said farms remain vacant as to entail of annual outlay an annual amount altogether exceeding one hundred pounds sterling, he and they shall be bound to advance any excess of that sum, making an annual rent-charge upon the lessees of 10 per cent. on their half of said advance (as, for example, should improvements to the value of only six hundred pounds per annum be effected by means of the sub-tenants, leaving three hundred to be expended by the lessees, the proprietors would, in such case, advance the agreed-upon four hundred and fifty pounds at six pounds fourteen shillings per cent. per annum, and of the one hundred and fifty pounds expended by the lessees, the excess of one hundred pounds — namely, fifty pounds — at a rentcharge of ten per cent. per annum): And where as some of the houses on the property hereby let are not in good repair, the said Thomas Mouat Cameron binds and obliges himself, and his and their foresaids, to put the same in good tenantable order and condition within two years from the commencement of this lease ..... And it is hereby provided and declared that this lease is granted, and the same is hereby accepted, under the restrictions and reservations, and subject to the following conditions, viz.: , That the said lessees and their foresaids shall annually, during the first five years of this lease, and that before the first day of September in each year, expend, either by themselves or by their sub-tenants, under rule 5 of the rules and regulations for sub-leases, afterwards referred to, and annexed hereto, upon permanent improvements upon the subjects hereby let, in such a way as may be pointed out by the proprietors or their factor (the laying off and subdividing the ground to be improved to be at the expense of the proprietor), the sum of nine hundred pounds sterling per annum; it being provided and declared that the first annual expenditure, or as much thereof as the lessees may require, shall be made on fencing, subject always, however, to the aforesaid sanction of the said proprietors or their factor; the one half of said sum, viz. four hundred and fifty pounds sterling per annum, for five years, shall be repaid to the said lessees by the proprietors, through some drainage or land improvement company, at the term of Martinmas yearly, provided always that the said improvements shall have been executed by the said lessees before the previous said first day of September in each year, and shall, previous to said payment, have been inspected and passed by the Government inspector, and shall have in every respect been executed in the way pointed out by the proprietors or their factor; or, in the event of their having failed to point out the improvements required at least ten months before the said first September, then it shall be sufficient if the lessees have executed them in the way they deem best; upon which advances the lessees shall pay halfyearly, at the terms of Whitsunday and Martinmas, during the continuance of this lease, the whole of the rent-charge payable in respect of said advance by such drainage or other company, at such rate as the said company may charge upon a twenty-five years' loan, but not to exceed six pounds fourteen shillings per cent. per annum; and the lessees shall also pay the poor-rates and road-money, if any, exigible from the landlord in respect of said rent-charge; and it is also provided and declared that, in the event of the said lessees failing regularly to pay the said rent-charge and the said annual rent, and allowing the same to remain unpaid for more than ten days after the terms at which the said payments thereof respectively become due in any year, then, and in that event, it shall be in the option of the proprietors, or their foresaids, to put an end to and terminate this lease, and the same shall become null and void. ................................................ : That the lessees 'shall labour, cultivate, and manure such parts of the subjects hereby let as are brought or to be brought under cultivation, according to the rules of good husbandry, and shall follow a six course shift or rotation, and leave the same in that state, but with reference to rule 6 of the rules with sub-tenant annexed hereto.
. That the lessees are bound to offer to the present tenants sub-leases of such portion of the lands hereby let as may be laid off to accompany their houses, and may, during the first six years of the lease, sublet to others any farms so laid off, and which the present tenants may refuse to take and during the remaining six years any sub-tenancy becoming vacant can only be sublet with the consent, in writing, of the proprietors or their agent; but such sub-leases can only be entered into on observing the conditions rules, and regulations for that purpose annexed, and subscribed by the contracting parties as relative hereto, to which special reference is made, and which shall be held to be as binding on both parties as if the same were incorporated herein.
. That the lessees shall be bound to leave upon the subjects hereby let a flock of Cheviot or black-faced ewes average quality, and not less in number than six hundred of equal proportion one, two, three, and four years of age, and shall be bound to hand the same over to the proprietors at the end of this lease, at the valuation of two persons to be mutually and specially chosen for the purpose.
. That the lessees shall arrange that only one family shall be in the occupation of each holding at the expiry of this lease, and for at least one year prior thereto.
, It is hereby stipulated and agreed on by the lessors and lessees that this lease may be added to, altered, or modified, by simple letters exchanged between or modifications be found necessary in order to work out its different provisions and the lease being of a nature new and untried in Shetland, that it shall be interpreted as favourably as possible for the lessees, consistent with already expressed intentions of the two parties.
RULES AND REGULATIONS to be entered into between the LESSEES under the foregoing Lease and their SUB-TENANTS referred to, and subscribed by the parties with special reference to said Lease.
1. No sub-lease shall extend beyond the term of Martinmas eighteen hundred and eighty.
2. Such local or other taxes as shall be levied upon tenants shall be duly paid by the sub-tenants according to the amount of their rents, or if advanced by the lessees shall be repaid to them by the sub-tenants.
3. Only one family shall be allowed to occupy each holding. 4. The sub-tenants shall be bound to maintain, keep, and leave at the end of their sub-leases in good tenantable condition, the houses and all permanent improvements handed over or that may be added during the existence of the sub lease.
5. The sub-tenants shall be bound to expend annually upon their respective holdings, in such manner as may be pointed out by the proprietor, or his factor improvements equal in value to the amount of the annual rent. During the first five years of the sub-lease, the lessees will allow annually an amount equal to one half of such permanent improvements as may have been executed in a satisfactory manner (said amount in no case to exceed one half of the amount of rent), and the sub-tenants shall be bound to pay at the rate of seven per cent. per annum on all advances so made during the period of endurance of their sub-leases.
6. Every sub-tenant shall be bound to follow a six-shift rotation of crops, according to the rules of good husbandry. During the first three years, as it may be impossible to follow the rotation, the sub-tenants are bound to follow such orders of cropping as may be pointed out by the proprietors or their factor and the lessees.
7. No sub-tenant shall be at liberty to sell or otherwise dispose of any straw, turnips, hay, or dung produced on his farm except to neighbours, tenants on the property. All that class of produce must be consumed on the farm, unless with the written permission of the proprietors which will be given to any tenant agreeing to expend the full value of any such produce sold upon the purchase of oilcake or special manure to be consumed on the farm during the same season.
8. In compensation for the sub-tenants leaving their lands in a more improved condition, and for being prevented from disposing of certain portions of their crops, the sub-tenants shall be paid by the proprietor of the lands, through the lessees for the grass seeds sown with way-going crop, as also for their corn and straw, hay and turnips, or other produce left at the end of their sub-leases, and for all dung made during the last six months of said sub-lease, all at the value as the same shall be determined by two valuators to be mutually chosen for the purpose.
9. No sub-tenant shall be allowed to keep any bull, stallion, ram, or boar, unless such as permitted by the lessees.
10. The lessees shall reserve from the sub-leases, for behoof of the proprietor, the right of searching for and working mines and minerals, and the right of salmon and trout fishings and shootings.
11. The lessees shall also reserve all the peat-mosses, shell-sand, and sea-weed, and shall regulate and divide them among their sub-tenants as circumstances shall render necessary; the lessees shall also bind the sub-tenants to 'cast', such peats as may be allotted in a regular manner, and to relay the turf in neat and regular order, with the grass side uppermost. The drift sea-weed and shell-sand to be used as manure will be divided by the lessees among their sub-tenants according to the quantity of land held by each.
12. No sub-tenant shall have an right to strike theek, cut turf, except as hereinbefore provided for repairing roofs of houses, or floss, remove earth, or in any way deteriorate or injure the lands hereby let, without the consent of the proprietors or their agent or factor.
13. The sub-tenant shall be bound to accede to all local regulations which may be made by lessees, with consent of the proprietors, for the more orderly management of the property and the general interests of all concerned.
14. When any act of bankruptcy shall take place upon the part of any sub-tenants, it shall be stipulated that this lease shall terminate and revert back to the lessees at the first term after such act of bankruptcy.
15. The lessees shall be bound to reserve from the sub-leases the right to the proprietor to grant feus off any farm, upon his allowing such deduction of rent to the lessees, and through them to the sub-tenant, as may be determined by two valuators mutually chosen for the purpose, and upon his finding security, to the satisfaction of the lessees, that the said feus shall not be used in any form what ever for purposes of business during the existence of their lease.
16. A clause shall be inserted in the sub-leases binding the tenants to remove from the houses and lands at the expiry of their respective sub-leases without notice of removal or other legal warning.
17. Lastly, a clause shall be inserted in the sub-leases binding the sub-tenants to conform to the foregoing regulations and conditions, under the penalty of forfeiture thereof.
II.—THE FISHERIES AND FISHING TRADE OF WICK.
(Communicated by Malcolm M'Lennan, Esq., procurator-Fiscal, Wick.)
White-fishing is but a secondary enterprise at Wick. In the end of September, annually, a number of boats engage in fishing for haddocks, and prosecute this fishing till November. This year fifteen boats engaged in this work, each manned by eight men. The best boats of the herring fishing fleet are employed, and for the use of the boat one-ninth part of the proceeds of the fishing is paid to the boatowner. In local phraseology, the boat is said to be held by the crew 'on deal,' and the consideration paid for it is 'the boat's deal.' The average winnings of these boats for the seven weeks or two months of the haddock-fishing are reckoned at 100, divisible into nine shares, eight for the crew and one for the boat's deal. The men hire the boat, and provide each his own lines and bait.
Before commencing this fishing the fishermen generally agree with a fish-curer, who binds himself to take all the haddocks which they catch at a fixed price. This year the rate was 8s. per cwt. The price is paid in cash each Saturday night of the season.
In the end of November or beginning of December the fishermen enter into engagements for the cod and ling fishing, then about to commence. This fishing is prosecuted from December till March, both months included. This year about 30 boats are engaged in it. The system pursued is much as in the haddock-fishing. Good boats are hired by the crews 'on deal,' and the crews supply their own lines and bait; and having arranged with a fish-curer, deliver their fish to him as they catch them. The contract is, however, varied to some extent. The men bargain for 'a bounty ' which is paid to them in cash at the time of forming the bargain. This year it ranged from 8 to 12, and the bounty is at once divided by the crew. The fish are sold not by weight, but at a fixed price for each fish of a certain standard of length, which this year was fourteen pence for each fish of sixteen inches. All smaller fish are rejected by the curers, and are sold by the fishermen in the local markets. The curers pay cash each Saturday night for fish delivered to them in course of the preceding week.
Simultaneously with the cod and ling fishing what is known as 'the winter herring-fishing' is prosecuted. Indeed, the cod and ling fishing is, in a large measure, dependent on this fishing for herrings — fresh herrings being found to be the best bait for cod and ling. The value of the herrings landed at Wick in course of December, January, and February in some years has touched 5000, but generally is very much less. The herrings are sold to the highest bidder on the arrival of the boats at the harbour, and paid for in cash on the instant, there being no such contract concerning them as in the case of white fish.
By the time the cod and ling fishing ceases in March the fishermen begin preparations for the herring-fishing on the west coast Lewis and the Hebrides which commences about the middle of May. For this fishing much the same up of five or six joint-adventurers, each supplying his share of nets; or, if a less number of partners embark in it they hire one or more fishermen to complete the crew and of course, have each a larger share of the profits. Generally they take with them in their boats their supplies of meal, groceries, and biscuit, etc. In the west-coast fishing, so far as boats from Caithness engage in it, the fishermen engage themselves to deliver all their fish to a curer at an agreed on price per cran, which price is paid in cash at the end of the fishing, about 1st July. In the majority of cases the men get an advance of cash from the curers when fitting out their boats, to the amount of 4 or 5 per man. Such sums, of course, are deducted from the price of the herrings in the final settlement.
The Caithness herring-fishing next follows, commencing about 18th July, and lasting till 6th or 10th September. Hitherto the whole course of the dealings between the fishermen and fish-curers noticed in this statement has been unexceptionable, being simply the delivery of fish by the former at agreed on rates of price, paid by the latter, the curers, in cash at short periods. In the great Caithness herring-fishing a change of system occurs, which appears to be mainly owing to the heavy cost of the boats and material employed, and the heavy sums disbursed by each boat for labour and maintenance in each season.
A new fishing-boat of the best class costs from 120 to 140, including sails and rigging complete. A drift of 35 nets (and the drift often consists of a greater number), at 10s. per net, is value for 120. A boat well kept is reckoned to stand fourteen years. The drift of nets is said to require renewal every eight years.
The ordinary case is, that one fisherman is either really or nominally owner of the boat and drift with which he engages in this fishing. At least a fisherman actually undertakes the whole enterprise of the season's fishing with the boat of which he has possession with all the liabilities attending it. This is, however, subject to variation, as sometimes two men, and sometimes but less frequently three men, are the real or nominal owners of a boat and take the risks of it . Assuming that a man starts with a new boat and drift free of debt, not only must he have a capital of about 250 invested in these, but he must be prepared to undertake further the following charges of the season:—
1 Wages of four hired men (generally strangers from the Highlands or Islands) and a boy, ...... 30 0 0 2. Their lodgings, ..... 3 0 0 3. Their allowance of meal, .... 4 0 0 4. Cost of barking nets, .... 3 0 0 5. Cartage and drying-green for nets,. . 3 0 0 6. Harbour dues, ..... 1 0 0 44 0 0
But taking into account that accidentally many nets are lost or destroyed in each year, and that the fishing is prosecuted in boats, and with nets more or less worn, and that thus there is need of considerable annual repair and replacement, it will be seen that in the ordinary case the expense of a fishing season is largely greater than in the case of an adventure, with a new boat and drift. Thus the expense, as above, ..... 44 0 0 Replacing 4 nets, ..... 14 0 0 Repairing drift, ..... 2 0 0 Repairing and tarring boat, barking ropes, sails, etc. , ...... 2 0 0 To which falls to be added, to meet the annual deterioration of the boat 10 0 0 72 0 0
It follows that the fisherman can have no advantage from the Caithness herring-fishing unless his boat clears a sum of 72, or thereabout, in which case the surplus over that amount will constitute his profit.
But if the fisherman has borrowed the money invested in the boat and nets, it is apparent that his annual burden is increased by the sum of interest which he must pay for it. And this leads to reference to a local custom of some importance. If the fisherman has borrowed the money to purchase his boat and nets, or if, as is usually the case, he receives them from a fish-curer to whom he thus becomes debtor for their value, he does so on the condition — very natural in the circumstances — that he shall deliver all his fish to the creditor as long as he remains in debt. In such a case the price of the herrings is not fixed by contract, but is 'the general terms' of price conceded by fish-curers to fishermen in their debt; and these terms are generally about 20 per cent. below the price paid by the curers to men free of debt, and able to bargain beforehand concerning it. This is so while interest is charged on the amount of the debt, or while the fisherman is charged with 'boat's deal' as he usually is, when the debt is not wiped off within the second year.
For the years 1860-70, the average annual take of herrings was only 86 crans. The average price is not stated in any tabular form, but it certainly did not amount to 1 per cran under 'the general terms' system. Thus, assuming that that portion of the herring fleet held by fishermen in debt fished its fair average of these eleven years, it will be seen that the total sum realized but barely sufficed to meet the necessary outlays of the season, and to pay interest on the capital involved
This average, however, represents the mean of success and failure. In every year a few boats fish largely in excess of the average, and a still larger number fall more or less short of it. The latter lose money, if they have money to lose. They who have none fall into debt, or into deeper debt. It is said that fully two-thirds of the fishermen are in debt, and pursue this extensive enterprise burdened with all the disadvantages of debt. Their debts range from all kinds of figures up to 300.
Still there is no such thing as truck; and payment, when payment is owing, is made in cash. In the case of men free of debt, the price, being fixed, is at once paid at the close of the fishing, or soon thereafter. In the case of men in debt, circumstances make the settlement more complicated. At the outset of his career the fisherman is desirous of standing as little as possible in debt to his curer. One or two unsuccessful seasons or seasons of but partial success quickly change his view and he becomes eager to lay as much of the burden of the fishing as possible on the fishcurer. Thus, when he wants nets, he calls on the curer to guarantee payment to the seller of nets. He gets tar, and cutch, and ropes in the same way. The curer guarantees payment of the wages, meal, and other supplies of the crew; and of the cartage of the nets, and the rent of their drying ground. All these are, of course, debited in the fisherman's account. Generally the curer pays off all those claims that require instant settlement at the close of the fishing season. If things have gone fairly well, he may make the man a payment in cash at the same time; but the final settlement of the year is postponed till Martinmas, when, if cash is owing, it is paid. If no balance accrues to the fisherman, his account is handed to him; and if he is a crofter, or a reliable man the curer advances to him 12 or 20, to pay his rent and tide him over the hard times in winter. Sometimes the curer assists his fishermen debtors by supplies of meal for their families in winter, the meal being procured by the curer's orders to millers or meal dealers.
It is tolerably certain that the curer receives an abatement or discount from the merchant's prices of the meal, goods, ropes, nets, or other things which the fishermen procure on his guarantee. But sometimes the guarantee is an open one, with which the fisherman goes to any merchant he chooses making the best bargain he can.
Thus the basis of the system in this, the herring-fishing, is also mainly one of cash payments. On the first relation of it, too, it seems a system conducted in very liberal ways, inasmuch as the fish-curers are prompt to supply the capital, or the boat and materials equivalent to the capital, needed by the fisherman, and to pay him promptly the whole profits. But this, a thing unusual in ordinary commercial dealings, lays the system open to suspicion; and it is, in fact, highly objectionable, and replete with hard and injurious consequences to the fishermen. Take an ordinary case. A fisherman has made a lucky fishing with an old boat, and finds himself at the end of the year clear of debt, or near to that fortunate condition. He has for years used the old boat, as he knows, at a serious disadvantage, for the old boat and defective gearing are insufficient to carry the fisherman twenty or more miles from shore nightly, and at such distances the shoals of herrings often are. His curer will give him a boat one year old, and he takes it, agreeing to pay for it what it originally cost the curer. If the old boat is worth anything, the curer will take it in part payment. But thus the fisherman at once becomes debtor in a 100 or thereby, and bound to fish on 'general terms.' He has probably been so bound all his fishing career. In the same way, a fish-curer will readily trust a boat to a smart young fisherman wishing to start on his own account. Of course, the curer takes care that he has power by writing to seize the boat again, if necessary for his security.
It is commonly calculated that few men fish over 100 crans of herrings oftener than in one season out of five and all the chances are that our fisherman will do little to reduce his debt for some years to come. If the price is not paid by a lucky fishing in the first year, but runs unpaid to a second or third, the curer generally charges the man with deal for the boat, 10 or 14 as may be, and this year after year; so that, when at last the price is paid, and the fisherman gets free, the boat has actually cost him 150 or more. This, however, only occurs with fish-curers who are of a lower class than the most respectable. The leading men in the trade generally credit the sums paid as deal in the final settlement of the boat's price.
The probabilities are that the fisherman will increase the debt year after year, for some years. Then the curer takes from him a sale-note of the boat and of his drift. The boat is beached, so as to preserve the curer's right to it. The nets are sent to his store. The generosity of the original transaction disappears. It is, of course, understood that the boat and nets may be redeemed; but in many cases interest is added to the debt year after year, the deal is always charged for the boat, and the fisherman loses about 20 per cent. of his earnings by the 'general terms.' The sense of failure operates injuriously on the man, perhaps makes him negligent. He finds the curer disinclined to increase the debt by an additional advance of money just when money is most necessary to him for subsistence, and things go on from bad to worse. At last his year of luck comes round. He fishes 100 or 120 crans, perhaps 200 crans. His debt is reduced so as to be fairly less than the value of the boat and drift. Then he may go on for another course of the same risk and indebtedness. But not unfrequently the curer at this juncture closes the transaction by retaining and appropriating the boat and drift, and dismissing the man. The appropriation is made not seldom without any valuation of the property, and the man is dismissed without discharge or balancing of the debt.
The disadvantages of this system to the fishermen are apparent, and are really very great. , Responsibility for the whole expenses of the fishing is cast upon them, while really the boats and nets are the fishcurer's. , They are charged with the maintenance of these boats and nets, in effect to keep the curer's capital put into their hands as near to its original value as possible. , They pay interest in some cases, and not seldom an arbitrary profit on part of the capital in form of boat's deal. , They receive 20 per cent. less for their fish than free fishermen do.
The disadvantages of the fishermen are the advantages of the fish-curers. But these advantages are not wholly unmixed. The fish-curer has not only in the majority of cases to find the boats and nets, but to disburse all the charges of the fishing where the proceeds of the catch are insufficient to do it, and 'to keep on' the fishermen by advances for their food and rents. Thus the aggregate of the debts is a continual strain on the curer's capital, and payment is as uncertain as the chances of fishermen individually getting extraordinary hauls of fish. There is still further the risk of the debtor dying, in which event the debt is wholly lost beyond the value of the boat and nets. On the death of a fish-curer recently, his books were found to contain about 16,000 of debts due to him by fishermen, and these for the most part valueless. Still, if the system were not advantageous to the curers, it is plain that they would not conduct their trade in so questionable a method. |
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