A limitation of the freedom of the fishermen arises in some districts where they are nominally free, from the beaches and fishing stations being let to particular curers, so that other merchants are excluded from the market; and even it would seem the fishermen are disabled, by the want of a suitable beach for drying their fish, from curing for themselves. There is not much evidence on this matter, which was brought under my notice at a late period of the inquiry by a statement made with regard to the fishermen at Spiggie and Ireland, in Dunrossness. The Act 29 Geo. II. c. 23 gives fishermen ample [Page 14 rpt.] powers to erect all apparatus and booths necessary for curing their fish on waste land within a hundred yards of high-water mark; but perhaps it could not be held as Mr. J. Harrison seems to think, to prevent a proprietor from enclosing and letting any part of his land adjacent to the sea for the purposes of a curing establishment.

[R. Henderson, 12,841; A. Irvine, 13,501; R. Mullay, 15,144; John
Robertson, jun., 15,159; John Harrison, 16,470; T.M. Adie, 5762;
Jas. Robertson, 8466; G. Gaunson, 8863; A. Sandison, <passim>; J.
Spence, <passim>; John Harrison, 16,470.]

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TRUCK SYSTEM-ADVANCES AND SETTLEMENTS.

The existing Truck Act (as well as the Bill now before Parliament) prohibits the payment of wages in goods in the various trades to which it applies. Even, therefore, if fishermen formed one of the classes of workmen falling under the Act, they would not be protected by it, because they do not receive wages, but are paid a price for their fish. One result of this is, that Truck, as it exists in Shetland, is without disguise or concealment. No machinery has been contrived for evading the law; and almost all the masters, and even some of the fishermen, regard the system which prevails, as wholesome, natural, and indeed inevitable.

I have already explained that the price of the fish is ascertained and settled only for once in the year. But fishermen, as Adam Smith remarks, have been poor since the days of Theocritus; and in Shetland the Truck system begins when, his farm produce failing to support the family, the fisherman farmer finds it necessary to obtain from the 'merchant' supplies or advances before the time of settlement, and, it may be, a boat, fishing materials, and provisions, to enable him to prosecute his calling. In Shetland the merchant needs to use no influence or compulsion to bring the fisherman to his shop. He has no black-list, and has to enforce no penalties for 'sloping.' As the laws against Truck do not apply to him, even remotely, he scarcely ever seeks to conceal the fact that the earnings of those whom he employs are paid to a large extent, in goods, and he is even prepared with arguments in vindication of the practice. The man whose farm cannot keep his family until settlement, comes, as a matter of course, to the fish-curer's store; and even the thriving and prosperous man, who has money in the bank, 'almost invariably' has an account at the shop. In the great majority cases there is a mutual understanding, that when a merchant buys your fish, you ought in fairness to get at least a part of your goods at his shop.

[Andrew Tulloch, 509; L. Mail, 568; W. Williamson, 855; P.M.
Sandison, 5146; Rev. D. Miller, 5998; J. Brown, 7986, 7997; T.M.
Adie, 5633; 5735; A. Tulloch, 5472, 5501; John Anderson, 6546;
G. Robertson, 9311; G. Gilbertson, 9557; J. Laurenson, 9837; M.
Henderson, 9830-1; J. Harper, 10,387; C. Nicolson, 11,939; A.
Abernethy, 12,268; L. Garriock, p. 303a etc., 12,347, 12,356,
12,360, 12,388 sq.; T. Hutchison, 12,686; L. Henderson, 12,744;
J. Halcrow, 13,090; R. Simpson, 13,980; John Robertson, jun.,
15169.]

'There is a tacit understanding' says the Rev D. Miller, 'at least that they must do that; but I believe that is induced by the circumstance, that for a large portion of the year their money is in the merchants' hands, and that again affords the kind of facility for running into debt which I have spoken of.' '5999. Do you think that makes them incur larger debts than they otherwise would do?-I think so.' '6000. Can you suggest any remedy for this state of things?-The remedy I would suggest is this: that the payments be as prompt as possible and that they be cash payments. I am quite ready to state how I think the cash payments would operate. At present the fisherman's money is all in the merchant's hands; but he is requiring goods in the meantime and he has money to procure them with, and therefore he goes to the merchant and procures his goods. The merchant is under no constraint,-he can put his own price on the articles which he sells; and of course, where there is a credit system like the present, there are a large number of defaulters. These defaulters do not pay their own debts; but the merchant must live notwithstanding, and therefore the honest men have to pay for the defaulters. The merchant could not carry on his business unless that were done. He must have his losses covered; and a system of that sort tells very heavily upon the public, because the merchant must charge a large margin of profit.'

The existence of such an understanding is sometimes denied, as by Mr. Pole, a merchant; but he evidently means only that there is no expressed bargain or arrangement. He adds, at the same time (speaking of the women employed at so much per ton in collecting kelp, who, like every other class of people in Shetland, have similar accounts), that they take a considerable part of their wages in goods:

'5925. Is there any expectation or understanding, when these women are engaged, that they shall open an account and take their wages, or the greater part of them, in goods at your shop?-No, there is no understanding; but we have every reason to believe that they will come to us, because they cannot manage otherwise.' '5926. Are the goods which they take generally provisions or soft goods?-Chiefly provisions, but some soft goods too.' '5927. In engaging these women, do you give any preference to those who deal at your shop?-No; but they mostly all deal there.' '5928. Has each of them a ledger account in her own name with you?-Yes.'