Second Shetland Truck System Report
Chapter 200 : 8101. Is it not the case that some difficulty was put in the way of Harrison opening h

8101. Is it not the case that some difficulty was put in the way of Harrison opening his shop?-I believe something was said about it, but there was no reality in it.

8102. There was an objection made to it at first, was there not?- Yes; I believe there was some objection made, but there is nothing in the lease that could prevent it in any way.

8103. Nothing in what lease?-Nothing in Mr. Anderson's lease binding us to refuse, and nothing in any lease on the Busta property.

8104. Is there not an obligation in some of the leases of the tenants that no shops are to be opened on their holdings?-They are not allowed to open shops unless they ask permission. That is only to be done with the consent of the trustees.

8105. You say that Harrison was refused permission at first, but that shortly afterwards he was granted permission to open his shop?-I did not refuse him permission at first. Some other parties objected to him getting it, and said that no shops could be opened within a certain distance of Hillswick.

8106. Was it Mr. Anderson who objected?-Yes, I believe he did object.

8107. Was that by letter, or personally?-I don't think he objected to me by letter. He may have mentioned it to the trustees, or their agent, but his lease had been got some considerable time before Harrison thought of opening the shop, so that he knew he could not stop it.

8108. But he did object notwithstanding?-Yes; I think he objected at first when he was taking his lease. I think he wished it to be put in that way.

8109. The hesitation which existed about giving Harrison the lease, or the delay in agreeing to give him his lease, was due, I suppose, to Mr. Anderson's objection?-Harrison has got a lease.

8110. He has got it now, but it was refused, or at least delayed, when he first applied for it, was it not?-No; Harrison was only permitted to sell lately, but he had his lease before.

8111. But was not the permission to sell refused at first in consequence of Mr. Anderson objecting to it?-There was something said about it, but it was not practically refused.

8112. Had you had any communication with Mr. Adie before finally giving Harrison permission to sell?-None whatever.

8113. Neither verbally nor by letter?-Neither verbally nor by letter.

8114. Did you understand that Harrison was going to cure fish for Mr. Adie?-Yes; I understood he was going to cure fish for Mr. Adie, or any other body he could get them to cure for.

8115. And he informed you that he had made a contract with Mr. Adie for curing fish at the time when you granted the permission?-I think he went from Busta to Lerwick, and spoke to Mr. Harrison and some other fish-curers, and I believe he expected to get some from Mr. Harrison, and some from Mr.

Adie; but so far as I am aware, he has only got them from Mr.

Adie. But he was quite open to take them from any party he could make the best bargain with.

8116. Had you any letter from Mr. Anderson objecting to Harrison opening a shop?-No, so far as I am aware.

8117. You think he only wrote to some of the other trustees?-I am not aware that he has written a letter about it since he got his lease. I think he objected to it about the time he took his lease.

8118. But not at the time when Harrison was wanting to sell?- No; I think at the time when Mr. Anderson took his lease he wished it mentioned that no other party should be allowed to sell within four miles of him, but that was not entered in the lease.

8119. Then do you mean that no objection was made by Mr.

Anderson to Harrison being allowed to sell goods at the time when he (Harrison) was applying for that permission?-There is no doubt Mr. Anderson may have objected to him, or to any other party, doing so, but he could not do it in any way so as to affect Harrison.

8120. Was that because the power of granting or refusing permission lay entirely with you?-I suppose so.

8121. But, in point of fact, did Mr. Anderson make no objection to you or to any of the Busta trustees, so far as you know, to Harrison being allowed to sell?-I am not aware whether he made any application to the trustees, or their agent. I know that he mentioned the matter more than once but that is all I know.

8122. He said that he thought Harrison should not get permission?-Yes; that is all he did. I am not aware that he wrote to the trustees on the subject after he got his lease.

8123. But he mentioned it to you when you met him personally?- Yes; he mentioned it more than once.

8124. And that was about the time when Harrison was applying for leave to open his shop?-Yes.

8125. I presume there is no understanding between the Busta trustees and any of the merchants whose establishments are upon the estate that these merchants are responsible for the rents of the men?-There is no understanding of the kind. 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.

8126. Do you know, in the course of your dealings with the tenants, whether there is any arrangement between the merchants you have named, or any of them, to the effect that when a man ceases to fish for one and has a debt due to him, the merchant who engages him must undertake that debt?-There is no such arrangement that I am aware of. Some years ago, I believe, that was done by some parties, but I don't think it is done by any of them now. I refer to the practice of a merchant when he engages men taking over the debt or part of the debt which they are due to their old employer.

8127. You don't know about that?-Yes, I know about it. I know that there was such an arrangement some years ago.

8128. I suppose if Mr. Anderson told you it not given up, you would be quite prepared to believe that that arrangement still exists?-I believe it was given up, because in most of the cases when a merchant took over a debt in that way, very little of the old debt was paid. I have known parties take over with debts of 15 and 20 standing against them, and these debts never were reduced.

8129. Had you any concern with that arrangement yourself?- None whatever. I merely heard of it.

8130. I believe most of the merchants or fish-curers are also dealers in cattle?-I believe they are, to some extent.

8131. They purchase them both privately and at the periodical sales which are held for each estate?-Yes.

8132. Would you describe shortly the nature of the sales that are held? They are held twice a-year, are they not?-Yes, twice a-year for the Busta and Ollaberry tenants, and they are sometimes held at North Roe for the Gossaburgh tenants. But there are always sales at Ollaberry and Mavisgrind, generally at the end of October, for the tenants cattle.

8133. What is the reason for having sales for these particular estates?-Merely to give the tenants the advantage of having their cattle sold. I am not aware any other reason than that. At the Busta sale cattle belonging to other parties are taken in, as well as cattle belonging to the tenants, although it is only for the benefit of the tenants on the estate that the sales are held.

8134. At these sales, are many of the cattle purchased [Page 199]

by the merchants?-A good many. With reference to my former statement, that 327 is the rent of the four shops, I wish to explain that that is much short of what it should be. It is nearly 450 for the four; and my explanation of that is, that Mr. Adie has got a large park in connection with his premises, and Mr. Inkster and Mr. Anderson have the same at Brae and Hillswick, and they all require to buy extensively for their parks.

8135. Are you acquainted with the practice in this country of a creditor marking cattle, and holding them as a kind of security for debt?-Yes.

8136. Is that a common thing here?-I don't know if it is common; but I have known several cases where it has been done.

8137. I suppose that where a merchant does that it is not held to interfere with the landlord's hypothec or his rent?-No. The rents are generally paid before the merchants interfere in any way with the cattle.

8138. But when a merchant interferes with cattle in that way, or purchases them in at a sale, he buys them of course subject to the landlord's right?-If he buys them at a sale, he buys them direct off, and pays the money for them; but if he secures the animal privately, it generally remains with the party until it is taken away.

In a transaction of that kind, the animal is priced, and it is removed at a convenient time for both parties. It does not come to a public sale at all.

8139. The animal, in that case, is retained by the tenant?-It is marked and priced and retained by the tenant, and taken over by the purchaser when he wants it.

8140. The cattle are priced the time they are pledged, or marked as it were?-I believe they are.

8141. Is that an arrangement between the merchant and the tenant?-Entirely.

8142. And they arrange the price between themselves, or does the merchant put the price on the cattle?-I think it is a mutual arrangement, because there is much compet.i.tion for cattle, that the merchant must do that.

8143. Do you think there is any understanding between the merchants, that when a marked beast is exposed at any one of these periodical sales, the other merchants shall not bid against the merchant for whom the animal has been marked, but that it shall be knocked down to him?-I believe that very few of the marked animals are ever exposed at the sales, but I have known them exposed in some cases. I have known cattle being marked in that way, or pledged to Mr. Inkster at Brae; and if brought to the sale, they would have been entered in his name or in the name of the party who brought them, and the sellers would have got the full price.

8144. But more commonly, cattle that are so marked are taken over by the merchant himself privately?-Yes. I have known no other cases of parties bringing them to the sale, except Mr. Inkster.

8145. If a merchant does take over a beast in that way privately, I suppose you would still hold him responsible for the rent, if still unpaid, to the extent of the value of that beast, and if the period of your hypothec had not expired?-Certainly.

8146. Do you often have occasion to arrange with merchants in that sort of way?-No, very seldom. The rents are very generally paid up.

8147. Do you think the introduction of a system of short settlements, if it could be effected, would improve the character of the people on the Busta estate?-I believe it would.

8148. You would be in favour of such a system?-Certainly I would.