Second Shetland Truck System Report

by William Guthrie

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.: <First>, 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 <ipso facto> become null and void. ………………………………………… <Fourth>: 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.

<Fifth>. 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.

<Sixth>. 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.

<Seventh>. 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.

<Twelfth>, 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.