Second Shetland Truck System Report

by William Guthrie

SALE OR BARTER OF LINES

It is natural to suppose that documents of this kind should come to be used as a sort of currency, in a district where money is so scarce as Shetland. This custom is not so wide-spread as might have been expected; but that lines are frequently transferred by the original holder, is clearly enough proved. The merchants who issue them are chary of admitting that such transfers are made, and some even seem to think it necessary to take precautions against such a proceeding. That the practice exists appears from the evidence of Mr. Sinclair's chief shopman, who admits that he has heard a 'vague report' that the lines have been exchanged; and when asked to explain the entry 'To lines' occurring in accounts in the journal or work-book, says:

'… Sometimes the party that the account belongs to will have to pay another party so much, and she gives us instructions to mark a line for a certain amount in the book, and then give her that line to give to the other party, who comes back with it and gets the amount in goods.' '3383. Then the line is granted to your knitters for the purpose of paying their debt to another?-Yes.' '3384. Is that frequently done?-Not very often. It has happened occasionally.'

[J.J. Bruce, 3355; R. Sinclair, 2581, 2591, 3617.]

The evidence of the knitters themselves proves that the practice of selling or exchanging these lines is quite usual and well-known among the more necessitous of them, <i.e.> those who have no means of living but knitting. One respectable merchant in Lerwick gave up the practice of issuing lines, on account of the trouble and annoyance occasioned by this practice.

[E. Robertson, 248; M. Hutchison, 1592; E. Moodie, 1879; W.
Johnstone, 2880; J. Henderson, 11,637, 2897; W. Johnston, 2875.]

WORK-BOOKS FOR KNITTERS EMPLOYED BY MERCHANTS

The accounts of women who knit with the merchant's wool are kept in a 'work-book.' Settlements are made from time to time, more frequently than in the case of fishermen's accounts; and the women, though they seldom have a balance in their favour, are seldom allowed to take a larger amount in goods than is owing to them for work. I examined a number of work-books, and among others that of R. Sinclair & Co., which may be taken as a specimen. Each knitter has an account current with the firm, the debit side of which contains the amount of the goods and worsted furnished, the credit side the amount of articles of hosiery returned, and the sum allowed for each. The book seems to be well enough kept, and each account bears to be balanced from time to time. No signature is attached to the balance. The entries of tea are numerous, frequently more than one parcel being given in one day. Those of cash paid are very rare; in many accounts there are none. To Catharine M'Courtenay, who has numerous dealings, amounting to above £5 in eleven months, there are three payments of cash, of 31/2d. and 3d. each, on December 1st, 9th, and 19th, 1871. Mr. Sinclair pointed out the case of Marion Sinclair and sisters (who are tenants of his own at a rent of 17s. 6d. a quarter, which is entered on the debit side of the account), as one in which cash had been paid. The amount of the account from January 16, 1871, when there is a balance against her of £1, 5s. 41/2d. is nearly £10 and the amount of cash paid is 9s. 9d., of which 1s. 3d. is entered 'Cash for dressing. On the other hand, looking through the book, I found one payment of 10s. in cash to Mrs. Irvine, Scalloway, and of 5s. to another, while one woman from Troswick is credited with a payment of 5s. in cash. Other payments in cash, on one side or the other, occur, but they are rare and of small amount.

[A. Laurenson, 2216; R. Sinclair, 2378, 2462; R. Anderson, 3069.]

PASS-BOOKS

Sometimes, but not in the majority of cases, knitters have pass-books. The neglect to have them is no doubt due to the same reluctance to undertake unnecessary trouble on the one side, and carelessness or trustfulness on the other side, which make pass-books so rare among fishermen.

[R. Sinclair, 2383, 2455; B. Johnston, 385; Janet Exter, 4099; E. Robertson, 232; see above p. 24. (fishermen).; Mrs. Nicholson, 3504; M. Jamieson, 14,045.]

The tone in which the knitters themselves speak of the custom of the trade varies considerably. In general, they declare their decided preference for payment in cash; and many came forward voluntarily to complain of the present custom. Some have felt it for years back to be a grievance, and have been in the habit of complaining of it to those from whom they could look for sympathy or assistance; while all try to sell their productions for money rather than goods, if they can get as high a nominal price. They manage to sell many articles to strangers who visit the country in summer, to ladies who have made a practice of getting them sold to friends from charitable motives, and to women in Lerwick who act as agents for merchants in the south.

[C. Winwick, 53; J. Irvine, 82; M. Hutchison, 1564; M. Clunas.]

It is stated that there are two prices for knitted articles, a price in goods and a cash price; but the impression among many of the people is, that it is better to take the high price in goods than the lower price in money This is described by Mr Sinclair:

'2609. Have you ever stated to the knitters, who were coming to sell to you, that they had better take ready money and take less of it?-I have. It would save us a very great deal of bother if they would do so.' '2610. What have they said to that proposal?- They have never entered heartily into it. There was a case I may refer to, not of women employed to knit for us, but of women from whom we bought shawls over the counter, which corroborates what I have already said on that subject. I cannot now recall the names of the parties, but I would know their faces at once.' '2611. Were they women from Dunrossness?-Yes. Three girls came into my shop, each of them having a shawl to sell, worth £1. At that time the noise had come up about cash payments, and I said to them, "Now, what would you take for these in money? I am not saying that I will give you money, but what would you take for them in money?" One of them said, "I ken you will just be going to give us money." I said "Why? Don't you think the goods you get cost us money?" She said, "I ken that fine. I will give my 20s. shawl for 18s. 6d." I said, "I could not give her 18s. 6d. for it, and asked her if she would take 17s." She said, "No," and that it would be most unconscionable to take 3s. off the price of a shawl. I said, "I don't think it, because when I sell the shawl again, I can only get 20s. for it, and then there is a discount of 5 per cent. taken off." '2612. I suppose that bit of trading came to nothing: they did not take money?-No; they did not take money; but another one said, "I would not sell my shawl for 18s. 6d. or 19s. either, for I see a plaid in your shop that I want for my shawl; and what good would it do me to sell you the shawl for 17s., and then take 3s. out of my pocket to pay you in addition, when you are willing to give me the plaid in exchange for the shawl?" That was her answer to me.'

[A. Laurenson, 2168; R. Sinclair, 2397; R. Linklater, 2726; H.
Linklater, 2920 (contra).]

Mr. Morgan Laurenson says:

'7306. In that case, is a lower price given in cash than would have been given in goods?-Yes, because in ordinary transactions I have a profit only on the goods sold. I may state, however, that the women are unwilling to take cash. I remember that on one occasion, when I was changing from one place of business to another, I had no goods, and I offered the knitters cash for their hosiery, at such a price as would give me a reasonable profit, but they objected to take it. For instance, in the case of gentlemen's undershirts, the usual price given may be from 4s. to 4s. 6d. I have offered to give them in the one case 3s. 8d., and in the other 4s. in cash, but they have invariably refused. They would rather leave it, and get such goods as they wanted, than take a lower price in cash; and that has got to be the rule. They are very fond of getting the highest nominal value; and I can show from my books that, as a rule, I give the full price for each article which we charge in selling them, and have only a profit on the goods we give in exchange.'

Some knitters say that the price is low enough, even if it were paid in cash, and conclude, perhaps illogically, that they are therefore better to take the goods.

[Joan Ogilvy, 9752; M. Jamieson, 14,052.]

SALE OF GOODS GOT FOR KNITTING

With many women money is a necessity for payment of rent, purchase of provisions, and other purposes. Cotton goods, tea, and shoes, which are almost the only things they can get for their knitting, are not enough to keep life in them. Those who depend entirely on their own labour have therefore to find some other means of providing themselves with these necessaries; and it is chiefly by them that the complaints of the present system are made. Some work out-of-doors for part of the year, <e.g.> in fish-curing or farm-work. In many cases they have sold the goods obtained at the shop, or bartered them with neighbours, for potatoes or meal. This practice cannot be described as universal, because the greater number of knitters live with parents, or have some supplementary occupation by which they get money. But still the practice is proved to have been so common that the ignorance which many witnesses profess with regard to its existence is surprising. Tea especially is a sort of currency with which knitters obtain supplies of provisions. Even if there were not direct testimony to this effect, it would be a fair inference from the large quantities of tea which the pass-books and merchants' books show that they get. Thus, in one account, more than a half of the total amount consists of 1/4lb. packages of tea.

[J. Irvine, 120; B. Johnston, 401; M. Clunas, 3466; R. Henderson, 1295; M. Jamieson, 14,053; Dr Cowie, 14,709; J. Coutts, 15,336; R. Irvine, 15,748; M. Quin, 16,657; C. Sutherland, 16,660; C. Borthwick, 1627; 1645; Mrs. Nicholson, 3516; Mary Coutts, 11,601, Agnes Tait, 11,758; E. Russell, 11,583; E. Moncrieff, 11,474; Janet Exter, 4112; C. Nicholson, 11,997; M. Tulloch, 1487; Jane Sandison, 4151; A. Johnstone, 4226; R. Sinclair, 2436; J. Anderson, 6696; C. Greig, 11,559; M. Jamieson, 14,058; I. Henderson, 11,656, 11,663.

Cotton and drapery goods are also sold or exchanged by knitters in order to get provisions or wool, and sometimes at a considerable loss. Thus Isabella Henderson says she had to give goods which cost 6s. 6d. for 5s. worth of meal. Women at Scalloway stated that they had frequently hawked the goods given them for knitting through the country for meal and potatoes. Mary Coutts says:

'11,601. How do you get your provisions, such as meal and potatoes?-We give tea to the farmers, and get meal and potatoes for it. We have sometimes to go to the west side, to Walls and Sandness, for that. Our aunt, Elizabeth Coutts, has done that for us. She has not been to Walls and Sandness for the last two years, but she went regularly before. It was only for our own house, not for other people, that she took the tea there and got the meal and potatoes in exchange.' '11,602. During the last two years how have you got your meal and provisions?-We have knitted for Mr. Moncrieff last year.' '11,603. And therefore you did not need to barter your tea?-No.' '11,604. Did you get the full price for your tea from the armers?-I suppose we did sometimes, but I could not say. They did not weigh out the meal and potatoes which they gave in exchange; they merely gave a little for the tea which my aunt gave them. I have known her go as far as Papa Stour, twenty-four miles away, to make these exchanges. That was where most of her friends were.' '11,605. Have you often had to barter your goods for less than they were worth?-Sometimes, if there had been 21/2 yards of cotton lying and a peck of meal came in, we would give it for the meal. The cotton would be worth 6d. a yard, or 15d.; and the meal would be worth 1s. I remember doing that about three years ago; but we frequently sold the goods for less than they had cost us in Lerwick.'

MERCHANT'S PROFIT ON HOSIERY

One of the peculiarities of the hosiery trade, as described in the evidence of the merchants, is that they have no profit on the hosiery and fancy articles, which they invoice to merchants in the south at prices either the same as the prices paid for them in goods, or so little higher as only to cover the risk and loss upon damaged articles and job lots. They say that the only exception to this is in the case of fine fancy work, which is often bought for cash, and in selling which they can readily obtain a sufficient profit. There is a good deal of evidence about this which rather tends to show that although dealers in Shetland invoice their goods to trade purchasers in London, Edinburgh, and elsewhere, at such prices as are, upon the whole of their sales, sufficient to keep them free from loss and allow a profit, yet that profit is very small, being at most a small commission for the trouble of getting the goods disposed of; and that they have a much less, but still considerable, trade with private purchasers, in which they realize considerable profit. The inquiry into traders' profits was not prosecuted in a more searching way, by examining themselves and their knitters at length upon invoices and specimens of goods, because the sufficiently intrusive inquiry which was made, and which stands in various parts of the printed evidence, seemed clearly enough to show that the truth as to this collateral question is as I have stated it.

[A. Laurenson, 2199, 2264; R. Sinclair, 2525, 3246, etc.; R.
Linklater, 2728; J. Tulloch, 2795, etc.; W. Johnston, 2844; T.
Nicholson, 3584; M. Laurenson, 7517.]

MERCHANTS PRICES FOR GOODS

But while the merchants assert that they have no direct profit upon their sales of knitted goods, or at least none but the smallest, they do not deny that, in order to repay themselves for the trouble and risk involved in the two transactions upon which this profit is realized, they charge considerably more for their tea and drapery goods than the ordinary retail price in other districts. In other words, although there is nominally no profit upon the knitted goods, there is a double profit, or a very large profit, on the drapery goods, tea, etc., bartered for it. If, therefore, we calculate what the price of these goods should be at the ordinary retail rate, and deduct the surplus from the nominal price of the knitted articles, we find that the usual percentage of profit is obtained on the latter as well as on the tea and drapery.

TWO PRICES FOR GOODS

In some places, indeed, there are two prices for goods, according as they are paid for with hosiery or with money; and formerly this was the custom in Lerwick. Mr. R. Sinclair says:

'2574. Then I understand you to say that in every bargain with a knitter, and generally with a seller, of a shawl, the understanding is that they are to take the price in goods?-Yes; that has been so time out of mind. I remember a time, about forty years ago, when it was different, and when there were two prices on the goods which they sold.' '2575. There were two prices then-one for cash, and the other for goods?-Yes; perhaps from 20 to 30 per cent. of difference. I remember hearing that question discussed at my father's fire when I was a mere youth. I have been told, although I do not know it myself, because I was not in the trade then, that a woman may have bought a piece of goods for 16d., when a party paying cash for it only paid 1s. The more intelligent of the natives thought that was an iniquitous thing; but then it was always known and done avowedly, and the people yielded to it. They said it was not possible for them to take barter, and sell their goods at the same rate, because there was so much risk and outlay. That reason never appeared satisfactory to me; and it was not until I came behind the scenes, as it were, that I saw the reason for it was that the value given for Shetland goods was far beyond what it really was worth in the market. Its real value in the market was about the same amount less than what was charged as an addition upon the goods. What I mean is, that, supposing a woman came in with a pair of stockings, the real market price of which was 2s., but for which she wished 2s. 6d., the merchant, in order to secure a sale for his goods, would give her goods in exchange of the nominal value of 2s. 6d., but he would put 3d. a yard on the price of the goods which he gave in exchange. That explains how it is that a person knowing the value of the articles, seeing the purchase which the woman might have made, and hearing the price of it, might have said that they were about 25 per cent. too high, whereas in reality they were not so. She had merely been getting value for her goods, although she did not know it; and it would not have made any difference, although it had been as many pounds higher, while the relative proportions were kept up between the value of the two articles.' '2576. Is that done now?-Not that I know of.'

A discount for cash is still given there by some (or all?) of the merchants; but it has not been shown, nor I think alleged, with regard to Lerwick, that the principal merchants now avowedly sell their goods at different prices for cash and for hosiery. There are, however, passages in their evidence which create a strong impression that the custom described by Mr. Sinclair as a thing of the past is not yet entirely obsolete, even in the capital. Thus Mr. Sinclair himself has now two drapery shops in Lerwick, in one of which no hosiery is bought at all, all the dealings being for cash. He admits that in some things, <e.g.> calicoes, there is 'a very small shade of difference' between the prices there and in his other shop, which is his principal one. Mr. Johnstone's reason for ceasing to issue lines was simply that people used to come to his shop and bargain for articles as for cash, and end by presenting one of his 'lines' in payment, which would not have been felt as a grievance if the principle of having only one price were rigidly adhered to. The evidence as to the general prices at the shops which take in knitted articles also leads to the conclusion that, although articles are nominally for sale at one price, a purchaser for cash often succeeds in getting a reduction if she is a shrewd bargainer. The shopkeeper classifies some articles as 'money articles,' which is a convenient reason for not giving them in exchange for hosiery; and the impression seemed to exist in the minds of some keen purchasers examined as witnesses, that goods are sometimes rather rapidly transferred into that category, when it is unexpectedly discovered, after the negotiations have reached a certain point, that the intention is to pay for them otherwise than in cash.

[T. Nicholson, 3586; R. Sinclair, 3229; W. Johnstone, 2280; Mrs.
Nicholson, 3510; L. Leslie, 5093.]

In the rural districts, the custom of selling goods at two prices, according as the payment is in money, or in knitted articles or yarn, still prevails. By Messrs. Pole, Hoseason, & Co., it has been given up quite lately.

[P. Blanch, 8578; G. Scollay, 8639; J. S. Houston, 9715; Rev. J.
Fraser, 8039.]

There is no doubt that the general prices of tea and drapery goods are higher where hosiery is dealt in. It may be that a cash purchaser gets a reduction occasionally, or always if it is asked for. But there is a general concurrence of testimony to the effect that goods got by knitters at the hosiery shops are dearer than at other shops in Shetland. Various merchants admit that a higher profit is charged, in consequence of the custom of paying in hosiery. Two respectable shopkeepers in the country say that the goods which knitters have bartered at their shops for provisions were said to have been got at higher nominal prices than those charged for the same things by them. And various witnesses state, as the result of their experience, that prices at hosiery shops are higher than at others, and that they would get more goods for cash at the ready-money shops than for the same nominal amount in hosiery, where that is rather bought. Mrs. Nicholson, a very intelligent witness, says:

'3509. Are there drapery shops now in Lerwick that do not deal in hosiery?-Yes.' '3510. And is it the case that you can purchase the same goods at those shops at a lower price than you can at shops where the hosiery business is carried on?-Yes; I know that from experience, because I have the money in my hand, and I can go and purchase them cheaper elsewhere than I can do at some of these shops. I don't say at them all; but I know there are some of the drapery shops in Lerwick where they could be got cheaper. I will give a case of that. Last summer I had to buy a woollen shirt, and I went into a shop and saw a piece that I thought would do. The merchant brought it down and said it was 1s. 8d. a yard. Another merchant had charged me 1s. 6d. for something of the same kind, and I told this merchant that the thing was too dear. He said, "I will give it to you for 1s. 6d. a yard;" and I said, "Well, I will give you 4s. 6d. for 31/4 yards of it;" and he gave it me. A day or two afterwards a woman came into my house and saw the goods, and said, "That is the same as I have bought; what did you pay for that?" I said I had paid money,-because it is an understanding that some shops can give it for less with money than with hosiery. I told her I paid 4s. 6d. for 31/4 yards; and she then told me that she had paid 2s. of hosiery for a yard of it-6s. for 3, or 6s. 6d. for 31/4 yards-just the quantity required.' '3511. Have you any objection to give me the name of the woman and the names of the shops?-I could give the names, but I would prefer to do so privately. The stuff I bought is still in existence, and also what she bought, and they could be compared, to show that they are of the same quality. I did not do that with any intention of finding out the difference in prices; it just occurred accidentally, and I only give it as an instance, to prove that if we could get money for our hosiery goods it would be far better for us."

[A. Laurenson, 2206, 2245; W. Johnston, 2869; Contra-R.
Sinclair, 2523 sq.; C. Nicholson, 12,004; R. Henderson, 12,916;
A. Johnstone, 4215; J. Halcrow, 4174 sqq.]

The evidence of Mr. Morgan Laurenson, quoted above, may be referred to. Mr. Laurenson says he gets no profit on hosiery, except the profit on the goods he gets in exchange. What the amount of that profit is, has been shown in dealing of prices.

[above p. 35]

SHETLAND YARN

The trade in the raw material of the knitting trade presents some features of interest. Some women stated that they could not get worsted from the merchants in exchange for their work-wool and worsted being called by them 'money articles.' Further inquiry showed that this was uniformly true only with regard to the true Shetland yarn, which the shopkeepers can with great difficulty get in sufficient quantity for their own purposes and for which, even if they could keep it for sale, the people would give only the price for which they can get it from their neighbours, <i.e.> the same price at which the shopkeepers have bought it. Even when sold for money, it is given as a favour, or, at least, the transaction is out of the usual course. But even the Yorkshire or Scotch yarn cannot always be got from the shops in exchange for knitted work. Of course, both kinds are given out to knitters working on the employment of the merchant. Shetland yarn and wool may be bought occasionally in small quantities at the shops of grocers and provision-dealers, who have got it from country people in exchange for meal and goods.

[J. Irvine, 115; C. Williamson, 152; C. Petrie, 1423, 1430; B.
Johnston, 449; A. Laurenson, 2288; R. Sinclair, 2465; R.
Anderson, 3179; W. Johnston, 2897; J. Tulloch, 2781; R.
Linklater, 2752, 2765; A. Laurenson, 2304; Mrs Nicholson, 3530.]

The merchants, who give out both kinds of worsted to be knitted for them, generally purchase only articles made of real Shetland wool.

[C. Greig, 11,551.]

SPINNING.

In the country, the knitters or the older women in their families commonly spin their own wool; or if, as in Lerwick and Scalloway is generally the case, they have not sheep, they spin wool bought from neighbours or at the shops just mentioned, and knit the yarn so manufactured. For instance, a witness says that she barters tea or a parcel of goods for a small quantity of wool, which she spins herself, having no money to buy worsted-money article-or to put the wool to the spinner because that would require money too; or at times she may get a little wool in exchange for a days work, 'but it is not often we can get that.'

[C. Greig, 11,532, 11,547; E. Russell, 11,572; M. Coutts, 11,617;
Joan Fordyce, 16,049; P.M. Sandison, 5192; M. Jamieson, 14,053;
G.C. Petrie, 1425.]

Exceedingly high prices are sometimes given for the finest qualities of Shetland worsted. It is sold by the cut, which is nominally 100 threads. The weight of the worsted is of course less in proportion to the fineness of its quality, and 7d. per cut being where the price of the finest quality, which is rare, the price per lb. reaches £4, or even £7. Ordinary yarn for fancy work is 3d. to 4d. per cut, or 24s. to 40s. per lb.

[A. Sandison, 10,186.]

GENERAL OBSERVATIONS.

As I have not had the advantage of considering, in conjunction with a colleague, the questions suggested by the facts now detailed, I do not make definite and detailed recommendations. These are indeed questions of policy, which it is for a Government rather than a Commissioner to decide. But the duty committed to me will not be discharged without an attempt to show what is the general result of the inquiry, what are the questions presenting themselves, and how these questions are viewed by some of the witnesses who have intimate personal concern with them.

MODES IN WHICH WAGES ARE PAID

The system of barter which has been described does not extend to any trades or handicrafts in which wages are paid to the workmen or workwomen, with three exceptions, viz.: (1) the knitters who knit the merchants' yarn; (2) the persons employed in curing fish, boatbuilding, and some miscellaneous employments connected for the most part with fishing; and (3) the kelp-gatherers. The days' wages also of fishermen occasionally employed by proprietors or merchants in agricultural work are sometimes carried into their accounts. If it be assumed that legislation for the prevention of truck is expedient, there can be little difficulty in applying to these three classes any Act of Parliament that may be passed for that end. And on the same assumption, there is as much reason for protecting the persons engaged in these trades from being compelled, by their own misfortune, weakness, or improvidence, to take payment of their wages, or part of them, in goods, as for giving such protection to workmen in other parts of the empire.

APPLICATION OF STATUTES

It has already been mentioned that one branch of the knitting of Shetland goods probably falls under the existing Truck Act, 1 and 2 Will. iv. c. 37. It rather seems, however, that such knitting will not be one of the trades to which the bill now before Parliament applies. It seems also doubtful whether the application clause of the bill will extend, as it now stands, to all the branches of fish-curing, or to the manufacture of kelp. See 33 and 34 Vict. c. 62, sch. 2; 34 and 35 Vict. c. 4.

BARTER OF EGGS ETC.

It will hardly be contended that in the system of bartering eggs or butter for goods, which prevails in Shetland, delivery being made on both sides at the time when the bargain is made, and the transaction being thus finished at once,-there are evils similar to those which legislation against truck is intended to remedy, or at least that the law ought to prevent buyers and sellers in such cases from making any contracts they please. This custom, which was or is not uncommon in other remote rural districts, will probably disappear of itself as the islands are brought into more frequent and intimate relations with the rest of the world.

BARTER OF KNITTED ARTICLES

The same might be said with regard to the barter of knitted articles for tea and drapery, where the knitter is in no sense employed or engaged to manufacture the raw material provided by the merchant. Here, however, the element of credit or accounting is often introduced; and it is a question whether, so far as it is so, this handicraft ought not to be ruled by the same considerations as the fishing trade. The evils arising from long accounts in this trade and in fishing seem to point to the necessity of extending to these cases the prohibition of set-off contained in §5 of the existing Act and in §10 of the Bill now before Parliament. Another uggestion is, that a short prescription for such accounts should be introduced-say a prescription of three months, running from the date of the earliest item in the account, and accompanied by a provision that no acknowledgment shall bar prescription unless it be contained in a holograph or probative writing.

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 arrière 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, <June> 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 <corn, turnips> 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. <Payment of Taxes>. — 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. <Subletting, etc.> — 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. <Way-going Crop.> — 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. <No Dogs allowed.> — 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. <Boats> noust,< etc.> — 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. <Regulations, etc.> — 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. <Bankruptcy.> — 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. <Feus reserved.> — 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. <Penalties.> — 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. <Formal Lease, etc.>—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. <Removal.> — 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.
<December> 1867. ALEXANDER SANDISON.