PAYMENT OF RENTS THROUGH MERCHANTS.
Although the custom of delivering fish to the landlord or his lessee, as merchant and curer, has become less common, that custom has left its traces in the arrangement by which it has been superseded. [W. Irvine, 3962.] The merchants who receive fish from the tenants have still no small concern with their rent; and it may be said that even now the final cause of the existing system of settlements and agreements with fishermen is to give security to the landlord for his rent. Mr. Gifford, factor on the largest estate in Shetland (Busta), says that there is now no understanding with the merchants who have establishments on that property that they shall be responsible for the rents of the men.
'There is not a single tenant on the Busta estate, out of the whole 480 on it, or out of the 530 with whom I have to do, that any of the merchants is liable for, even as a cautioner. That used to be the case some time before, but it has not been so for a long time.'
It does not follow, however, that the merchant has nothing to do with the payment of the rent. Everywhere, without any exception, rents are paid only once a year, at on about Martinmas. It was a frequent practice, when the rent day arrived before the tenants had received their money for fish, that they should get 'lines' from the curer, the stated sums in which were placed to their credit by the landlord. The sum-total of these lines was sent with a list to the curer, who returned a cheque for the amount. A witness, [J.S. Houston, 9657.] who speaks of the practice as it existed when he collected Major Cameron's rents in Yell, says that there was an understanding between Major Cameron and Sandison Brothers, then the chief curers there, that -
'Any of Major Cameron's tenants who were what might be called reckless or careless, should not be allowed to overdraw their earnings, but that something should be left for their rent.'
[Page 12 rpt.]
'9661. Was Mr. Sandison a tenant of Major Cameron's in his fish-curing premises?-Yes.' '9662. Were these lines always in the same form?-Generally they were the same. I have plenty of them at home.' '9663. Are you aware of a similar practice having existed on any other estate?-I believe it has existed; but I cannot speak so positively about it on other estates. I may say that similar lines have also been given to Major Cameron and myself from another curer in North Yell, Mr. William Pole, jun., before he became a partner of the Mossbank firm.' '9664. Had he premises from Major Cameron also?-No; he had his father's premises. With regard to these lines, I may state that, although there was no understanding on the subject, Major Cameron made it a practice not to come to his tenants asking for their rents until he was pretty sure that everything was nearly cut-and-dry for him.' '9665. Do you think it is a general practice in Shetland for the landlord to fix his rent day so as to be convenient for the fishermen?-I think it is. They fix it after settlement. Mr. Walker, the first year he was factor for Major Cameron, came nearly close to his time, 11th November, but since then he has not done so.' '9666. You are not aware whether that practice of giving lines exists in Yell now?-It does exist. I myself have paid rents by orders for cattle bought from Major Cameron's tenants.'
In these and similar cases the curers are not formally tacksmen, nor indeed do they formally guarantee to the proprietors the rents of the tenants who deliver their fish to them; but it may be said that there is a custom having almost the force of a legal obligation, which makes it unusual for a merchant to refuse an advance for payment of rent even to a man who is indebted to him. An extreme example of this custom as it prevailed in Unst is thus described by a very intelligent merchant, Mr. Sandison:-
'I have here a letter which I wrote in 1860, and which represents my views on that subject, and I may as well read an extract from it:-"If we don't give unlimited advances, we are told the fishermen will be taken from us. I have now been nearly twelve months in this place (that was after I came first to Uyea), and have closely watched the system pursued by proprietors and others, and certainly agree with you that it is a bad one; but I know I have no right to make any remarks or trouble you with my views on that subject, further than to state that I cannot see any good that will result from burdening the tenants with debt to the fish-curers. It has been my desire, ever since I knew anything about Shetland tenantry, to see them raised in the social scale, and made thoroughly independent both of proprietors, fish-curers, and others, and I have felt deeply interested in the — properties, no doubt from being more in contact with them; but when the poor among them are in terror of the proprietors alike, and bound by forced advances to different fish-curers, alas for liberty! and more offered to any fish-curer who will advance more on them. This is not calculated to raise any tenant in self-respect." '10,025. You speak in that letter of "forced advances:" what were these?-What I meant by that was this: the proprietor's ground officer or agent in the island, for the time being, told the tenant that he might fish for me this year. I found that he had only £2 or £3 to get; and the ground officer told that tenant that if he did not go to me and get an advance for his rent, he would take him from me and give him to any other man who would advance the rent. That looked very like forced advances.' '10,026. That, however, was in 1860?-Yes.' '10,027. Was that a common practice in those times?-I believe that thirteen years ago truck existed ten times as much as it does now.' '10,028. But in 1860 was it a common thing for a proprietor's ground officer to threaten to remove a tenant unless he could get his rent from the fish-curer?-Yes; to threaten to remove him from the ground unless he could pay his rent, or to move him from a fish-curer who would not give him an advance for that purpose, to some other fish-curer who would do so.' '10,029. Have you known instances of fishermen who were treated in that way?-Yes. I was referring to cases of that kind when I was writing that letter. It was my own experience at the time when I was at Uyeasound as a fish-curer, trying to engage any men who came to me. Many came to me and fell into debt, because I found that many of them required more from the shop than their fishing amounted to; and then I advanced rent after rent, until I saw that I was advancing to my own ruin.' '10,030. After advancing rent in that way, have you been informed that they were to be transferred to another fish-curer unless their rent was still advanced by you?-Yes; in more cases than one.' '10,031. Were you so informed by the landlord or by his factor?- It was generally by the tenant himself, when he came seeking the money.' '10,032. Were you ever informed of it by the landlord, or any one representing him?-No.' '10,033. Had you any reason to believe the story which the fishermen told you?-Yes. I believed them, because I knew of the men being taken away sometimes.' '10,034. Was that after they had made such statements to you, and although they were in your debt?-Yes.' '10,035. Were you able in these cases to make any arrangement with the new employer to pay up their debt?-In some cases we did that, but in other cases we did not; oftener we made no arrangement ….' '10,039. Have you, within the last twelve years, met with cases of that sort, in which the proprietor endeavoured to coerce you to pay his rent?-Yes. I have had cases where the tenants came asking me for money, and I told them I could not advance them any further. They would then go away, and come back and tell me that the proprietor's agent or ground-officer had informed them that they must get their rent, and that I must pay it; and that if I did not do that, they would not be allowed to fish for me.' '10,040. Did that system continue until 1868?-No; it prevailed principally under the ground-officership of Mr. Sinclair, who acted for Mrs. Mouat, in Unst.'
[C. Nicholson, 11,912-11,933; T. Tulloch, 13,008; J. Smith,
13,047-13,055; W. Robertson, 13,689; John Laurenson, 9849; M.
Henderson, 9925; J. Walker, 15,984; Andrew Tulloch, 488; L.
Williamson, 9065; A. Sandison, 10,024.]