And Mr. Irvine says in his examination, 'The object of the fine was to compel the sons to assist the fathers.' The written obligation itself has not been recovered, and neither Mr. Irvine, of Hay & Co., nor other witnesses, have a very clear recollection of its contents. I am inclined to believe, however, although Mr. Irvine appears to have a different impression, that the obligation it sought to impose was wide enough in its terms to include the Faroe fishing, in which Messrs. Hay & Co. are engaged very extensively. There is some evidence that constraint or compulsion, or rather influence, such as a landlord can exercise over his tenants, has been used in Burra and elsewhere, in order to get [Page 8 rpt.] Faroe fishing-smacks well manned. But so far as Burra is concerned, that influence seems not to have been applied in late years, and it is not general elsewhere.
[W. Irvine, 3623, 3754 sqq.; Peter Smith, 1041; C. Sinclair, 1135, 1143; W. Irvine, 3920, W. Williamson, 923; Peter Smith, 1012, 1057; C. Sinclair, 1118; J.L. Pole, 9370.]
GOSSABURGH.
The tenants on the estate of Gossaburgh, in South Yell and Northmaven, about 120 in number, are also bound to deliver their fish, both in summer and winter, to Messrs. Hay & Co., as tacksmen of the property, if they engage in the ling fishing. In the Northmaven portion of the estate (North Roe), thirty-three out of fifty-six tenants actually fished for the tacksmen last year; three fished by sufferance to other curers, two were at Faroe, and two or three were sailing south; others were employed by the lessees as curers and tradesmen, and probably a few were unfit for fishing. The average rent paid by the tenants on this part of the estate is £3, 3s. It seems that the profit of Messrs. Hay & Co. on their tack consists, as it does in the case of Burra, almost entirely in the power it gives them over the fishermen tenants.
[J. Pottinger, 13,540; W. Robertson, 13, 628; W. Irvine, 3818; D. Greig, 7116-7131; W. Irvine, 3623, 3624, 3811; Andrew Ratter, 7404 sqq.]
BURRAVOE.
The tenants on the estate of Burravoe, in the south of Yell, belonging to Mr. Henderson, are bound to fish to their landlord. Both Mr. Henderson and his son were unable to attend the sitting at Mid Yell, in consequence of the state of their health; but I saw Mr. George Henderson at his place of business, examined his books, and obtained a full return from him. Mr. Henderson had thirty men fishing for him last year, but these were not all tenants of his own. On this estate, as on some others, it appears to be the rule, subject perhaps to exceptions, that a tenant who cannot or does not fish must quit his farm, or pay a higher rent.
[R. Smith, 9121, 9123 sqq.; D. More, 9639.]
SKERRIES
The tenants on the Out Skerries, north-east of Whalsay, forming six boats' crews, are obliged to fish to Mr. Adie, who holds a tack of the islands from Mr. Bruce of Simbister. Mr. Adie says:-