V.

EXCERPTS from LEASE between Major T.M. CAMERON of

Annsbrae and Messrs. SPENCE & CO.

The subjects set are all and whole the town and farms

of Norwick, Balliasta, and others, together with the outsets thereon, as

more particularly specified in the rental annexed,

and subscribed by the contracting parties as relative hereto,

together also with the scattalds, dwelling-houses, piers, booths,

beaches, and all parts, pertinents, and privileges of the said lands

not hereby expressly reserved, and not inconsistent with the

working of the lands under the rules of good management, all

lying in the parish and island of Unst and county of Shetland, with

entry to the said lands and others (excepting as to the following

farms and subjects held on lease by the respective tenants, viz.:

Crossbister, held by Edward Ramsay; Balliasta, held by Charles

Gray and James Manson; the grass parks of Gardie, held by

Alexander Sandison; house and one merk in Himron, held by

Alexander Harper; the mill Westing, now vacant; Saredale, held by

John Nisbit; Muness, held by James Thomson; Collaster, held by

James Smith; and Uyeasound, held by Donald Johnson) at the term

of Martinmas, in the year eighteen hundred and sixty-eight, and

from thenceforth to be peaceably occupied and possessed by the

said lessees for the space of twelve years, say until the term of

Martinmas in the year eighteen hundred and eighty; and with

respect to the said subjects already let by the proprietor, with

entry at the termination of the respective tacks thereof, and from

thenceforth the whole of said subjects to be peaceably possessed

by the said lessees till the said term of Martinmas, eighteen

hundred and eighty; but declaring that, notwithstanding the term

of entry to these subjects is postponed on account of their being

already let, it is provided and declared that the lessees under this

tack shall draw the rents payable in respect thereof from and after

the term of Martinmas, eighteen hundred and sixty-eight; together

also with the right to the said lessees of manufacturing kelp from

seaweed grown upon or gathered from the shores of the said lands,

together also with the right of collecting drift-weed be used as

manure, and the right of cutting turf or 'pones,' but that only for

the purpose of keeping in repair the roofs of the houses hereby

let, and only in parts of the subjects where the same would be

least injurious to the lands; and in the event of any difference of

opinion arising as to this, the same to be determined by the

arbiter hereinafter appointed; together also with the right of

cutting peats in the manner after mentioned in the rules for

subtenants; reserving to the proprietor all mines and minerals,

with liberty to search for, etc.

And in respect the lessees are taken bound, as after-mentioned,

to expend yearly for five years certain sums on the improvement of

the property hereby let, the one half of which is to be repaid to

them by the proprietors in the manner afterwards stated: And

whereas they contemplate getting their half of these improvements

executed by their sub-tenants under certain stipulations in the

sub-leases after mentioned, the condition of which sub-leases

are new in Shetland, and a number of the tenants may decline to

enter into them, thus leaving vacant farms, and entailing on the

lessees themselves the half of the expense of carrying out the

improvements upon these farms; it is hereby provided and

declared, and the said Thomas Mouat Cameron, for himself and

his foresaids, their heirs and successors, binds and obliges him

and them, that should such a number of the said farms remain

vacant as to entail of annual outlay an annual amount altogether

exceeding one hundred pounds sterling, he and they shall be bound

to advance any excess of that sum, making an annual rent-charge

upon the lessees of 10 per cent. on their half of said advance

(as, for example, should improvements to the value of only

six hundred pounds per annum be effected by means of the

sub-tenants, leaving three hundred to be expended by the lessees,

the proprietors would, in such case, advance the agreed-upon four

hundred and fifty pounds at six pounds fourteen shillings per cent.

per annum, and of the one hundred and fifty pounds expended by

the lessees, the excess of one hundred pounds -- namely, fifty

pounds -- at a rentcharge of ten per cent. per annum): And where

as some of the houses on the property hereby let are not in good

repair, the said Thomas Mouat Cameron binds and obliges

himself, and his and their foresaids, to put the same in good

tenantable order and condition within two years from the

commencement of this lease ..... And it is hereby provided

and declared that this lease is granted, and the same is hereby

accepted, under the restrictions and reservations, and subject to

the following conditions, viz.: <First>, That the said lessees and

their foresaids shall annually, during the first five years of this

lease, and that before the first day of September in each year,

expend, either by themselves or by their sub-tenants, under rule 5

of the rules and regulations for sub-leases, afterwards referred to,

and annexed hereto, upon permanent improvements upon the

subjects hereby let, in such a way as may be pointed out by the

proprietors or their factor (the laying off and subdividing the

ground to be improved to be at the expense of the proprietor), the

sum of nine hundred pounds sterling per annum; it being provided

and declared that the first annual expenditure, or as much thereof

as the lessees may require, shall be made on fencing, subject

always, however, to the aforesaid sanction of the said proprietors

or their factor; the one half of said sum, viz. four hundred and fifty

pounds sterling per annum, for five years, shall be repaid to the

said lessees by the proprietors, through some drainage or land

improvement company, at the term of Martinmas yearly, provided

always that the said improvements shall have been executed by the

said lessees before the previous said first day of September in each

year, and shall, previous to said payment, have been inspected and

passed by the Government inspector, and shall have in every

respect been executed in the way pointed out by the proprietors or

their factor; or, in the event of their having failed to point out the

improvements required at least ten months before the said first

September, then it shall be sufficient if the lessees have executed

them in the way they deem best; upon which advances the lessees

shall pay halfyearly, at the terms of Whitsunday and Martinmas,

during the continuance of this lease, the whole of the rent-charge

payable in respect of said advance by such drainage or other

company, at such rate as the said company may charge upon a

twenty-five years' loan, but not to exceed six pounds fourteen

shillings per cent. per annum; and the lessees shall also pay the

poor-rates and road-money, if any, exigible from the landlord in

respect of said rent-charge; and it is also provided and declared

that, in the event of the said lessees failing regularly to pay the said

rent-charge and the said annual rent, and allowing the same to

remain unpaid for more than ten days after the terms at which the

said payments thereof respectively become due in any year, then,

and in that event, it shall be in the option of the proprietors, or

their foresaids, to put an end to and terminate this lease, and the

same shall <ipso facto> become null and void.

................................................

<Fourth>: That the lessees 'shall labour, cultivate, and manure

such parts of the subjects hereby let as are brought or to be brought

under cultivation, according to the rules of good husbandry, and

shall follow a six course shift or rotation, and leave the same in

that state, but with reference to rule 6 of the rules with sub-tenant

annexed hereto.

<Fifth>. That the lessees are bound to offer to the present tenants

sub-leases of such portion of the lands hereby let as may be laid

off to accompany their houses, and may, during the first six years

of the lease, sublet to others any farms so laid off, and which the

present tenants may refuse to take and during the remaining six

years any sub-tenancy becoming vacant can only be sublet with

the consent, in writing, of the proprietors or their agent; but such

sub-leases can only be entered into on observing the conditions

rules, and regulations for that purpose annexed, and subscribed by

the contracting parties as relative hereto, to which special

reference is made, and which shall be held to be as binding on

both parties as if the same were incorporated herein.

<Sixth>. That the lessees shall be bound to leave upon the subjects

hereby let a flock of Cheviot or black-faced ewes average quality,

and not less in number than six hundred of equal proportion one,

two, three, and four years of age, and shall be bound to hand

the same over to the proprietors at the end of this lease, at the

valuation of two persons to be mutually and specially chosen for

the purpose.

<Seventh>. That the lessees shall arrange that only one family

shall be in the occupation of each holding at the expiry of this

lease, and for at least one year prior thereto.

<Twelfth>, It is hereby stipulated and agreed on by the lessors and

lessees that this lease may be added to, altered, or modified, by

simple letters exchanged between or modifications be found

necessary in order to work out its different provisions and the

lease being of a nature new and untried in Shetland, that it shall be

interpreted as favourably as possible for the lessees, consistent

with already expressed intentions of the two parties.

RULES AND REGULATIONS to be entered into between the

LESSEES under the foregoing Lease and their SUB-TENANTS

referred to, and subscribed by the parties with special reference to

said Lease.

1. No sub-lease shall extend beyond the term of Martinmas

eighteen hundred and eighty.

2. Such local or other taxes as shall be levied upon tenants shall

be duly paid by the sub-tenants according to the amount of their

rents, or if advanced by the lessees shall be repaid to them by the

sub-tenants.

3. Only one family shall be allowed to occupy each holding.

4. The sub-tenants shall be bound to maintain, keep, and leave at

the end of their sub-leases in good tenantable condition, the houses

and all permanent improvements handed over or that may be

added during the existence of the sub lease.

5. The sub-tenants shall be bound to expend annually upon their

respective holdings, 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

sub-lease, the lessees 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), and the sub-tenants shall be bound to pay at

the rate of seven per cent. per annum on all advances so made

during the period of endurance of their sub-leases.

6. Every sub-tenant shall be bound to follow a six-shift rotation

of crops, according to the rules of good husbandry. During the first

three years, as it may be impossible to follow the rotation, the

sub-tenants are bound to follow such orders of cropping as may be

pointed out by the proprietors or their factor and the lessees.

7. No sub-tenant shall be at liberty to sell or otherwise dispose of

any straw, turnips, hay, or dung produced on his farm except to

neighbours, tenants on the property. All that class of produce must

be consumed on the farm, unless with the written permission of

the proprietors which will be given to any tenant agreeing to

expend the full value of any such produce sold upon the purchase

of oilcake or special manure to be consumed on the farm during

the same season.

8. In compensation for the sub-tenants leaving their lands in a

more improved condition, and for being prevented from disposing

of certain portions of their crops, the sub-tenants shall be paid by

the proprietor of the lands, through the lessees for the grass seeds

sown with way-going crop, as also for their corn and straw, hay

and turnips, or other produce left at the end of their sub-leases, and

for all dung made during the last six months of said sub-lease, all

at the value as the same shall be determined by two valuators to be

mutually chosen for the purpose.

9. No sub-tenant shall be allowed to keep any bull, stallion, ram,

or boar, unless such as permitted by the lessees.

10. The lessees shall reserve from the sub-leases, for behoof of

the proprietor, the right of searching for and working mines and

minerals, and the right of salmon and trout fishings and shootings.

11. The lessees shall also reserve all the peat-mosses, shell-sand,

and sea-weed, and shall regulate and divide them among their

sub-tenants as circumstances shall render necessary; the lessees

shall also bind the sub-tenants to 'cast', such peats as may be

allotted in a regular manner, and to relay the turf in neat and

regular order, with the grass side uppermost. The drift sea-weed

and shell-sand to be used as manure will be divided by the lessees

among their sub-tenants according to the quantity of land held by

each.

12. No sub-tenant shall have an right to strike theek, cut turf,

except as hereinbefore provided for repairing roofs of houses, or

floss, remove earth, or in any way deteriorate or injure the lands

hereby let, without the consent of the proprietors or their agent or

factor.

13. The sub-tenant shall be bound to accede to all local regulations

which may be made by lessees, with consent of the proprietors, for

the more orderly management of the property and the general

interests of all concerned.

14. When any act of bankruptcy shall take place upon the part of

any sub-tenants, it shall be stipulated that this lease shall terminate

and revert back to the lessees at the first term after such act of

bankruptcy.

15. The lessees shall be bound to reserve from the sub-leases the

right to the proprietor to grant feus off any farm, upon his allowing

such deduction of rent to the lessees, and through them to the

sub-tenant, as may be determined by two valuators mutually

chosen for the purpose, and upon his finding security, to the

satisfaction of the lessees, that the said feus shall not be used in

any form what ever for purposes of business during the existence

of their lease.

16. A clause shall be inserted in the sub-leases binding the tenants

to remove from the houses and lands at the expiry of their

respective sub-leases without notice of removal or other legal

warning.

17. Lastly, a clause shall be inserted in the sub-leases binding

the sub-tenants to conform to the foregoing regulations and

conditions, under the penalty of forfeiture thereof.