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.
10. Every tenant shall be bound to cultivate his lands in a proper
and husbandlike manner, with reference to the best practice of
husbandry in the district, and to consume upon his lands the whole
straw, hay, and fodder grown thereon, and not to sell or remove
any thereof, or any manure made upon the said lands from off the
same, even during the last year of his lease; the incoming tenant
being, however, bound to pay the outgoing tenant the value of the
straw, hay, fodder, or manure left by him on the lands.
11. In all cases, where arable lands are situated on a slope or
declivity, and are laboured by spade, the tenant shall, when
labouring, delve the riggs lengthwise, or along the side of the rigg,
each feal or fur extending from the top to the bottom of the rigg,
and the delving to begin one season at the right side, and the next
season at the left side of the rigg; and, in situations where it is
necessary to delve down hill, the tenant shall remove the first or
lower feal or fur at the bottom of each rigg, and along the whole
breadth thereof, and shall, when the rigg is completely delved,
carry the said removed feel or fur to the top, and deposit it in the
last fur or hollow at the top formed by the turning down of the
topmost feel or fur, so as much as possible to prevent the removal,
to the foot of the rigg, of earth from the higher ground.
12. No tenant shall be entitled to bring upon the lands possessed
by him (enclosed or scattald), or to allow to remain thereon, any
stock that does not belong to himself, or any halvers stock, or
stock that belongs wholly or partially to others, even though such
owners or co-owners be members of his own family, without the
express leave in writing of the proprietor; but tenants shall be
entitled to take for hire cattle to feed on their enclosed lands
during summer, or any tenants of parks or islands to take for hire
cattle to feed during the year round.
13. No tenant shall, on any pretext, keep or allow to be kept on his
enclosed lands or scattald, any swine, unless the same shall be
properly ringed; and it shall be the duty of all persons finding
unringed swine on lands belonging to the estate, immediately to
inform the factor or ground officers, or, the persons so finding
unringed swine, may lay hold of them, forthwith informing the
factor or ground officers of the circumstance; and no tenant shall
be entitled to cut truck or take earth, whether for the purpose of
manure, or any other purpose whatever, or to cut peats, feal, or
divot, or to cast pones, or ryve flaws, or ryve or strike, or cut thack
or heather, or to cut, pull, or to take floss, or rushes, at any places
or times, or in any way or manner, except at the places, and at the
times, and in the way and manner, that shall be allowed by the
proprietor; and, until special places, times, ways, and manners
shall be pointed out and prescribed, tenants shall only do these
acts at the places and times proper and usual, and in the way and
manner least calculated to exhaust the supply and injure the
pasture or other subject; and especially in cutting truck and taking
earth, no tenant shall be entitled to do it where the soil is thin and
the ground high or sloping, nor to scrape mould on such ground,
but only to cut truck and take earth from places where the soil is
deep, or where, from being in a hollow, it will speedily again
accumulate and sward over; and, in cutting peats, tenants shall on
all occasions open the banks in a straight line, and in the line of
the watercourse, and make proper drains from the lower end of the
banks, in order to prevent the accumulation of stagnant water, and
shall carefully preserve the surface feal, and as soon as the peats
are cut, smooth the surface of the bottom of the banks, and replace
properly the surface feals with the grass side uppermost.
14. No tenant shall be entitled to keep more than two dogs, and
which dogs shall be harmless, and properly trained not to follow
sheep, except when sent after them by their masters; and every
tenant shall be responsible for all damage done by any vicious
dogs kept by him, and shall be bound to part with any dogs judged
by the proprietor to be vicious, on a requisition by him to that
effect.
15. No tenant shall be entitled to sell or retail, or allow to be sold
or retailed on his lands, any spirituous or malt liquor, tobacco,
snuff, or tea, nor to carry on, nor allow to be carried on upon his
lands, any fish-curing business of any kind, without the consent of
the proprietor; with power, however, to the tenant, if a fisherman,
to cure the fish caught by himself; and that either separately or in
conjunction with other fishermen.
16. No tenant shall receive into his house nor allow to harbour on
his lands, any useless or disabled persons, not members of his own
family, or any idle or disorderly or disreputable person or persons
whatever, or any married persons (except himself), though
relations, without the leave of the proprietor; and every tenant
shall be bound to maintain all members of his family, who, from
infirmity, age, or otherwise, may be incapable of supporting
themselves, so as to prevent their becoming a burden on the
Parochial Board.
17. Every tenant shall be bound to maintain good neighbourhood;
to abstain from all encroachments on his neighbours, either by
allowing his cattle improperly to stray on their grounds or
otherwise, and to that end to keep his cattle properly tethered
within the limits of his own grass, ley, or stubble ground, from the
1st day of April to the 1st day of November in each year; and to
maintain in all respects a character and conduct becoming an
industrious and Christian man, and to enforce such a line of
conduct on all living in family with him.
18. Every tenant shall be bound to bring up and educate his
children properly, according to his means and opportunities, by
using every endeavour to allow of their attendance at schools
where sound religious and secular knowledge may be acquired;
and, by precept and example, otherwise training them up to be
pious, industrious, and good members of society.
19. It is expressly declared, that all powers conferred on the
proprietor by these conditions shall be capable of being effectually
exercised and carried into effect by, and at the instance of, the duly
appointed factor on the estate of Quendale, and by the sub-factors
and ground officers under them.