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has been superseded.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.]
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.'