Mr. David Edmonstone, once a fish-merchant and tacksman, now a farmer and factor on the Buness estate in Unst, states that the want of cash payments is the reason why this arrangement with the curer is desired by the proprietor.
'10,640. Is it usual for the proprietor to enter into any arrangement with the fish-curer for the payment of his rents?-We do that on the Buness estate, and I should like to explain the reason of it. The tenants have all been told that they are at perfect liberty to fish to whom they like; but after they have engaged to fish to a certain curer, we wish them to bring a guarantee from their curer or curers for the rent of the year on which they have entered, and during which they are to fish. Our reason for that-in fact the only reason-is, that the men do not get money payments, and therefore a great number of them will be [Page 13 rpt.] induced to run a heavy account at the shop, and when we collect the rents at Martinmas we would have nothing to get. If the men were paid in money, daily or weekly or fortnightly, then we would make no such arrangement, but would collect the rents directly from the men.' '10,641. Then, in fact, that arrangement is made in order to limit the credit which the fish-merchant gives to his men?-Yes; and to secure that we are to get part of that money.' '10,642. But it has the effect of limiting their credit?-Yes.'
SPENCE & CO.'S LEASE
Since November 1868 Mr. Sandison's present firm of Spence & Co. have been responsible as tacksmen for the rents of the fishermen tenants of Major Cameron's estate in Unst. At that time they obtained a tack of the estate for twelve years, which was formerly described by Mr. Walker*, and is in some respects peculiar. Spence & Co., as lessees of the greater part of the estate, which includes nearly half of the island, pay a fixed sum of rent (£1100), and are bound to expend, or to get the sub-tenants to expend, a certain annual sum on improvements at the sight of the proprietor. Regulations for the cultivation of the small farms are annexed to the lease, and are to form conditions of the sub-leases to be granted by Spence & Co. The effect of these regulations and of the lease is thus explained by Mr. Sandison: [Comp. J. Walker, 15,977.]
* Truck Commission Evidence, qu. 44,450 sq. <See> Appx.
'10,159. Any tenants not complying with these regulations may be removed by you?-Yes; they will get their leases unless they comply with them, and we can remove them at any time ….' '10,161. How many of the tenants have adopted these regulations?-I should say that, to a greater or less extent, they have all made a fair commencement in the improvements and rotation of cropping.' '10,162. But you have absolute power to remove them if they do not comply with that?-We have. The property is absolutely let to us, and we can absolutely turn them out if they do not comply with the regulations. The lease is clear enough upon that point.' '10,163. Have you had occasion to exercise that power?-Not in any case.' '10,164. Have you threatened to do so?-Not so far as is known to me.' '10,165. There is no obligation on the tenants, under this lease, either to fish for you or to sell the produce of their farms to your firm?-No; it is long since I read the lease, but I don't think there is anything of that sort in it.' '10,166. In point of fact, is there any understanding on the part of the tenants that they are bound to do so?- No.' '10,167. You have told them that they are under no such obligation?-Yes.' '10,168. But, in point of fact, most of them do sell their fish to you?-They do.' '10,169. And, in point of fact, most of them do sell their eggs and butter to you?-I think the great bulk of them do, but I cannot tell so well about the butter and eggs. We buy fully as much now at Uyea Sound we did in any season before the company commenced.' '10,170. And a number of the tenants also run accounts for shop goods with your shops?-Yes; I think most of them do so ….' '10,174. But although this lease does not contain an express condition that the tenants are to fish for you, it gives you a power of ejecting them?-Of course it does.' '10,175. And the tenants are aware of that?-Yes.' '10,176. And of course they may feel a little more unwilling to deal with another party or to fish for him in consequence? -That may be. I don't know what their private feelings may be, but the lease gives us a stronger power than that: it reserves the peats, and what could they do without peats? We have absolute power in that respect, if we choose to put it in force, but I hope never to see that done. We can refuse them peats altogether and scattald altogether, and we can shut them up altogether, but I hope I will never live to see that day.' '10,177. In short, you can do anything you please with the tenants, except deprive any one of his holding who complies with these rules and regulations?-Yes.' '10,178. The only security he has is to comply with them?-Yes.' '10,179. As to the peats and scattalds, he has no security at all?- None.'
The rental annexed to the leases contains a list of 170 tenants, paying £834, 19s. 4d., exclusive of certain farms which do not fall under the lease until the expiry of current tacks. The surplus rent paid by Spence & Co. is understood to be for the scattalds.
Mr. Spence, the senior partner of the firm of Spence & Co., speaks of this liability of the curer for rent as a serious obstacle to the introduction of a system of cash payments, which he and his partners desire; but it is obvious that if payments were made in cash, no such guarantees could reasonably be asked from the curers. [J. Spence, 10,580 f.n.]
The evidence of Mr. Sandison above quoted, the belief which the men themselves entertain, and the statements of Mr. Walker, the factor on the estate, show that the tenants on this property can hardly decline to fish for Spence & Co., even if there were other large merchants in Unst who could furnish them with materials and supplies, and purchase their fish. If they are not bound to sell their fish to Spence & Co., they have no opportunity and no liberty to sell them to any one else. [J. Harper, 10,404; J. Walker, 15,999.]