Part 5 (2/2)

'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 fis.h.i.+ng 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 princ.i.p.ally under the ground-officers.h.i.+p 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.]

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 b.u.t.ter to you?-I think the great bulk of them do, but I cannot tell so well about the b.u.t.ter 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.'

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