ARTICLES, REGULATIONS, AND CONDITIONS OF LEASE,
which are to have the same effect as if engrossed at length in the
Leases agreed betwixt the PROPRIETOR of the Estates of GARTH
and ANNSBRAE, on the one part, and the Tenants of said Lands, on
the other part.
1. <Length of Lease and Rent Term>. -- The lease shall be for ten
years from Martinmas. The rent shall be due and payable at the
term of Martinmas every year.
2. <Payment of Taxes>. -- Such local or other taxes as shall be
levied upon tenants shall be duly paid by them when due, or if
advanced by the proprietor, shall be settled for along with the rent.
3. <Subletting, etc.> -- The tenant is bound not to sublet or assign in
whole or in part, directly or indirectly, without the permission in
writing of the proprietor or his factor. Without similar permission,
only one family shall occupy the subject let. The head of the
family is responsible for the conduct of all the members of same.
The tack is to go to the lawful heirs-male of the tenant, according
to seniority in the first instance, and failing heirs-male, to the
heirs-female by the same rules, without division. But the tenant
is allowed, notwithstanding, by a written deed or letter under his
hand, to select any one of his children in preference to another to
succeed him in the lease, who will be recognised and received as
tenant, upon due intimation being given in writing, provided
that the lease descends to the individual named free and
unencumbered.
4. <Repairs to Houses, etc.> -- The tenants are bound to maintain,
keep, and leave at the end of their lease in good tenantable
condition the houses, and all permanent improvements handed
over, or that may be added during the lease.
5. <Enclosing and other permanent Improvements.> -- In
consequence of the land being unenclosed, and in need of
draining and other permanent improvements, the tenants are
bound to annually expend upon their farms, in such manner as
may be pointed out by the proprietor or his factor, improvements
equal in value to the amount of the annual rent. During the first
five years of the lease the proprietor will allow annually an amount
equal to one half of such permanent improvements as may have
been executed in a satisfactory manner (said amount in no case to
exceed one half of the amount of rent). During the last five years
of the lease, the tenants are bound to pay in addition to the annual
rent a further rent-charge, at the rate of seven per cent. per annum
upon the total sum or sums allowed for improvements during the
first five years of the lease.
6. <Rotation of Cropping.>--The practice of continuing to labour
without any regular rotation, and to exhaust the soil by
over-cropping, being extremely prejudicial both to the interests
of the proprietor and tenants, it is stipulated that every tenant shall
follow a five-shift rotation of crops in the order after prescribed,
viz.:--one-fifth of the farm under summer fallow, or green crop
properly cleaned and dunged; two-fifths to be under corn crops,
but not immediately following each other in the, same division;
and two-fifths in first and second years grass. During the first
three years, as it may be impossible to follow the rotation, the
tenants are bound to follow such orders of cropping as may be
pointed out by the proprietor or his factor.
7. <Selling Straw, Turnips, etc.> -- To insure the improving the
lands, no tenant shall be at liberty to sell or otherwise dispose of
any straw, turnips, hay, or dung produce upon his farm. All that
class of produce must be consumed on the farm, unless with the
written permission of the proprietor or his factor.
8. <Way-going Crop.> -- In compensation for the tenants leaving
their lands in a more improved condition, and for being prevented
from disposing of certain portions of their crops, the tenants are to
be paid for the grass seeds sown with the way-going crop, as also
for their straw, hay, and turnips left at the end of their lease, and
for all dung made during the last six months of said lease, all at the
value as appraised by two arbiters mutually chosen.
9. <Keeping second-rate Animals for breeding purposes.> -- To
insure improvement upon stock, no tenant is allowed to keep
any bull, stallion, ram, or boar, except such as has been approved
of, and permitted in writing by the proprietor or his factor.
10. <No Dogs allowed.> -- To prevent the destruction of, or
annoyance to, the stock upon the scattalds, no tenant will
allowed to keep a dog or dogs.
11. <Minerals, Shootings, etc. reserved.> -- The proprietor
reserves to himself the right of searching for, opening, and
working mines and minerals, on paying such surface damage only
as may be ascertained and fixed by two arbiters mutually chosen.
The proprietor also reserves the shootings, and the salmon and
trout fishings.
12. <Peat-moss, Sea-weed, and Shell-sand reserved.> -- The
proprietor further reserves to himself all the peat-mosses,
sea-weed, and shell-sand, with power to regulate and divide
them as circumstances may render necessary. All tenants are
bound in future to cast such peats as may be allotted, in a regular
manner, and to lay down the turf in neat and regular order, without
potting, and to the satisfaction of any one duly appointed by the
proprietor. The drift, seaweed, and shell-sand to be used as
manure, will be divided amongst the tenants, according to the
quantity of land held by each. All other sea-weed, rights of
foreshore, share of whales, etc., are expressly reserved by the
proprietor.
13. <Boats> noust,< etc.> -- All privileges of grazing upon
scattalds, removing ' truck,' etc., is reserved by the proprietor. No
tenant is allowed any privilege outside the boundary of his farm,
with the single exception of the boats nousts as presently enjoyed.
14. <Regulations, etc.> -- The tenants are bound to accede to all
local regulations which are or may be established for the more
orderly management of the property, and the general interests of
all concerned.
15. <Bankruptcy.> -- It is expressly stipulated, that when any act
of bankruptcy upon the part of the tenant takes place, that his lease
shall terminate and revert back to the proprietor at the first term
after such act of bankruptcy; but to remove all grounds to
complain of injustice, whatever rise of rent is actually obtained
from the farm in a bona fide manner, when let anew, shall be
accounted for annually when received during the balance of the
lease to the creditor or trustee, or an equivalent paid in one sum
for all the years of the lease unexpired.
16. <Feus reserved.> -- The proprietor reserves to himself the right
to grant feus off any farm, upon allowing such deduction of rent
only as may be determined by two valuators mutually chosen.
17. <Penalties.> -- All tenants are bound to conform to the
foregoing articles, regulations, and conditions of lease, under
the penalty of forfeiture of all the benefits of their lease, and
immediate loss of their farms.
18. <Formal Lease, etc.>--A printed copy of these conditions
and regulations, signed by the proprietor or his factor, before
witnesses, shall be delivered to each person who is accepted as
a tenant, and the tenant's name, designation of farm, amount of
rent, etc. entered in a minute-book specially kept for such purpose;
and the tenant may at any time afterwards claim a regular lease
upon stamped paper, to be extended at his own expense.
19. <Removal.> -- Every tenant shall be bound to remove from the
houses and lands at the expiry of the lease, without notice of
removal or other legal warning, and shall be liable to double the
previous year's rent for every year that he or she may remain in
possession after the termination of the tack.
IV. CIRCULAR sent to TENANTS on Major CAMERON'S Estate in
Unst, by the Tacksmen, Messrs. SPENCE & CO.
As there has been, for some time past, many vague reports
throughout the island regarding the change of system in the
management of the tenantry, consequent on the withdrawal from
them of the scattalds, which of late have been looked upon as
more valuable than formerly, with other changes in the mode of
farming, etc.,
We therefore deem it right to make it generally known to the
tenants on the Garth and Annsbrae estates in Unst, that, knowing
the change was certain, and believing it would be severely felt at
first, if not gradually and judiciously introduced; we have, hoping
to modify to a certain extent coming changes, obtained a lease of
these estates; and, with the view at the commencement, and
throughout, if possible, of retaining the scattalds in connection
with the arable lands and outsets, have taken the scattalds at a
fixed and separate rent. The scattalds, on this footing, if viewed as
a business speculation, could be enclosed, as has been done here
and elsewhere, and let out to strangers, or occupied by ourselves.
Such a course, however, we consider would be hard on the present
tenants, and therefore, in the meantime, purpose to forego all
pecuniary advantage which might, by keeping the scattalds, arise
to ourselves, and give such over to the general advantage of
tenants, on condition of receiving for all animals pasturing thereon
a fixed rate per head, to be determined yearly. With this view, and
in order to disturb existing arrangements as little as possible this
year, we shall begin with fixing a charge of 1s. 6d. per head on
byre cattle, 3s. 6d. per head on all horse stock over one year old,
with 9d. per head for sheep, payable at Martinmas 1868. These
rates will be doubled for stock to tenants on any other property
found pasturing on the scattalds rented by us; and before these
neutral tenants will be allowed to pasture stock on our scattalds,
they must pay in advance, and obtain a licence for such number
as they wish to pasture on the grounds. Thus the benefit of the
scattalds will be secured to those who pay for them. Measures will
be adopted to protect the tenants and ourselves from all unlawful
trespass.
As regards the 'rules and regulations' in force on the Garth and
Annsbrae estates, copies of which have been given to the tenants
in Unst, we have obtained such modifications of these, as, we
believe, will be found satisfactory, easily wrought, and we fondly
hope for the good of all concerned in the end. These modified
rules, however, will not come into operation this year; tenants will
have time to consider them; and, when introduced, we believe
generally, they will see the advantage accruing to themselves. We
do not expect that the idle and thriftless will admire them, but it
may help them to discover that 'Idleness is the parent of want,
while the hand of the diligent maketh rich.'
From these remarks we hope it will be seen that our desire is to
help and benefit the tenants, and, as far as we can, raise them,
socially and morally. With a strict regard to equity, confining
ourselves entirely to this affair and business, on strictly fair and
just principles, we shall persevere and hope, under the blessing of
Providence, that all will result well to proprietors, tenants, and
ourselves.
In carrying this work forward, we ask the tenants' help and
assistance; we will study never to present ourselves in a false
light, and we shall at all times claim honest and fair dealings on
the tenants' part; doubledealing, deceit, and dishonesty will be
punished; the idle-inclined and the spendthrift will meet with
encouragement only as they abandon those habits. The careful,
honest, active man will receive all help and encouragement in our
power. Our desire is to benefit all under our care, and we will do
so, unless the tenants themselves prevent it.
JOHN SPENCE.
WILLIAM G. MOUAT.
JOHN THOMSON.
<December> 1867. ALEXANDER SANDISON.