I.
CONDITIONS OF SET of all LANDS forming parts of the ESTATE
of QUENDALE, in the Parishes of DUNROSSNESS, AITHSTING AND
SANDSTING, TINGWALL, WHITENESS AND WEISDALE, and
LERWICK, in SHETLAND.
1. The proprietor reserves—(1.) All mines and minerals, limestone and stone quarries, marl and clay, in his lands, with full power to work the same. (2.) All shell-fish, and especially mussels and mussel scawps, and all shell-sand on the shores of his lands, with sole and exclusive power to take and use the same. (3.) All game and rabbits on his lands, and sole right to take and kill the same, with full power to enter on and use his lands for that purpose. (4.) All lochs and burns, with power to drain the lochs, and divert the course of the burns, the proprietor making compensation for damage by any of his said operations; and the tenant being entitled to take and use, for his own purposes only, the limestone, stone quarries, marl and clay in the lands occupied by him, and the shell-fish, mussels, and shell-sand on the shores thereof, subject always to such rules and restrictions as the proprietor may establish or prescribe in regard to any or all of these matters.
2. The proprietor reserves the heritors' share of all ca'ing whales killed or stranded on the shores of his lands; and every tenant, on behalf of himself, and all in family with him, acknowledges the proprietor's right to one-third of such whales.
3. The landlord reserves to himself all tang and other sea-weed, growing and drift, with power to enter upon all his lands, and use the same for the purpose of manufacturing the same, without making any compensation to the tenants therefor; but the tenants shall be entitled to take such tang and sea-weed as they may require for manure.
4. The proprietor reserves full power — (l.) To redivide his enclosed lands, to the effect of placing the lands of each tenant in one or more portions, and in a different place or places from where they may have previously lain. (2.) To regulate and control the use of the town mails, grass, and arable lands, by placing restrictions on the tenants in the keeping of swine, geese, or otherwise. (3.) To enclose or otherwise withdraw from the scattalds such portions, not exceeding one-fourth of each scattald, to be judged of as at the date of each tack, as he may deem proper. (4.) To regulate the amount of sheep and horse stock to be kept by each tenant on the scattald, so that each tenant shall have an amount of pasturage proportionate to his rent. (5.) To limit the number of swine and geese to be kept by each tenant on the scattald, and, if he sees fit, to prohibit the tenants from turning loose or keeping swine or geese on the scattalds altogether, and, where allowing of such stocks, to place the keeping of them under such regulations as he deems proper.
5. The proprietor reserves all trout fish in the lochs and burns on his lands, and sole right to fish therefor; and every tenant shall be held specially to consent, and shall be expressly bound and obliged, alike as regards himself and all in family with him, to abstain from fishing for trout (fresh-water or sea-trout alike) in all fresh-water lochs, waters, and burns, and also in all burn-mouths into which the sea-water may flow, and in all voes, inlets, or bays, though consisting wholly or partially of salt or sea-water, into which any fresh-water lochs or burns flow, and bounded wholly or partially by lands belonging to the Busta estate; and shall in no way take, or attempt to take (by rod, net, cruive, or hoovie, or in any other way), any trout fish therein, unless with the express leave of the proprietor; and when such leave extends to fishing by net, then with a net of the size of mesh, used in the manner, and at the time, and to the extent, expressly allowed and prescribed by him.
6. All tenants shall be bound, if required, to pay, over and above their stipulated rents, their proportion of all public and parochial burdens which the law has laid, or may lay, directly upon tenants, any custom to the contrary notwithstanding.
7. No office house must, hereafter, be erected on the side or end of a dwelling-house, without the written permission of the proprietor; and no tenant shall be entitled to remove from out the dwelling-house or offices possessed by him at the expiry of his lease, any roof, window, door, loft, stair, or other plenishing of a like fixed nature, even though furnished and put in by himself, unless his tack specially confers upon him such power; but the incoming tenant shall be bound to pay the outgoing tenant the value of the roofs, windows, and doors of the office-houses, if such roofs, doors, and windows were paid for by him at entry, or furnished by him during his lease.
8. Every tenant shall be bound, throughout the whole currency of his tack, to maintain good and sufficient dykes of every sort, including yard dykes, and to maintain sufficient and convenient grinds in his dykes at all places usual and needful, and to have all dykes in thorough and sufficient repair, and all grinds sufficient and properly hung, at the latest on or before the first day of April, and to keep up said dykes and grinds until the first day of November in each year.
9. That in the event of any tenant not keeping dykes and grinds in sufficient order, the proprietor shall be entitled to enter upon the lands, and to repair the same, and to charge the tenant 10 per cent. on the sums expended by him in said repairs; and the amount shall be held as conclusively ascertained and fixed by a certificate thereof, under the hands of the factor on the estate of Quendale for the time.