IP02: INVERNIEL PAPERS, 1803, 1810, 1815-16
SETS OF DANNA, ULVA, TAYNISH
Regulations of Tillage, Entry and Removal of Tenants
and conditions of leases upon the estates of Danna, Ulva and Taynish
(Pages 11 - 16)
(ROTATION OF CROPS ON THE FARM)
The Tenants of all the Farms upon the Estates of Danna, Ulva and Taynish are bound to leave one-fourth of the Infield and one-third of the Outfield of each Farm, Lie or unplowed yearly, and to take no more than three successive crops of either the Outfield or Infield ground.
(ON THE REMOVAL AND ENTRY OF TENANTS: THE RULES)
The Entry and Removal of Tenants is the Term of Whitsunday, or the Twenty-Sixth day of May.
The TENANT IN POSSESSION has the sowing of the Arable ground; the year of his Removal under the above limitation of a fourth of the Infield and a third of the Outfield ground being left Lie or unplowed and under the Exception that the Garden and a Certain portion of the plowed land in the Infield with manure adquate for the ENTRANT TENANT in Spring to plant Green in the Garden and Potatoes in the portion of Infield, or to sow the latter of Oats.
This portion of the Infield is Termed: “ARIGAULT” and regulated by the Extent of the Farm. The planting of a Barrell of Potatoes or the sowing of Six pecks of Corn may be taken as AVERAGE ARIGAULT of a Quarterland of an Ordinary Farm.
Sometimes the Arigault may be allowed in the plowed land of the Outfield when the same is near the Farm house. But where a tenant enters only to a Quarter of a Farm, the three Tenants in possession are not Entitled to break up or plow, either in the Infield or Outfield ground that ought to Lie for that year, equal to the Arigault of the ENTRANT TENANT, nor above the Established Rotation of Tillage above mentioned, because of the injury that will thereby accrue to the Farm in General.
The REMOVING TENANT delivers possession on the Whitsunday Term to the ENTRANT TENANT of the whole Farm, free and clear of Cattle and other Effects, together with all the houses on the Farm, excepting the Barns, which the REMOVING TENANT is entitled to retain until Candlemass Term, or the second day of February following.
The deficiencies of the houses, kiln, barns, march and corn dykes, ditches and other Inclosures are to be ascertained immediately after REMOVAL from them, by two of the ordinary Birlymen, or Appreciators, appointed by the proprietor on the Estates, one to be chosen by each party, and the deficiency to be paid by the REMOVING TENANT to the TENANT IN POSSESSION.
THE REMOVING TENANT is not Entitled to move or carry away any fixed work on the farm or in the houses, such as doors, windows, joists, lofts, cor or horse stalls or gates from the Marches of Fences of the Farm. But if the doors, windows, joists, lofts, cow and horse stalls and Gates have not been furnished by the proprietor or from his woods, the REMOVING TENANT is entitled to receive payment therefore from the ENTRANT TENANT as the same shall be ascertained by two the the ordinary Birlymen to be chosen as aforesaid,
WITH THIS EXCEPTION ALWAYS:
That the REMOVING TENANT is bound to leave doors to the dwelling houses and Barns equal each in value to half a Crown at least, or to pay that value for each to the ENTRANT TENANT; and if the doors exceed that value, the ENTRANT TENANT is to pay the REMOVING TENANT whatever value each door is ascertained to be worth by two of the Birlymen as aforesaid more than the half Crown; Duplicates of all which Comprisements are to be regularly delivered to the Proprietor or his Baron Bailie.
The TENANT IN POSSESSION upon receiving the dykes and Enclosures in Sufficient Condition or payment of the Comprised deficiency of the same, is bound to preserve the growing Crops of the REMOVED TENANT upon the farm by Damage by Cattle.
(REAPING AND STOOKING AND STORING THE CROP)
THE TENANT REMOVED has liberty to reap and stook at his own Expense his whole Cropts growing on the farm the year of his removal. But the TENANT IN POSSESSION is entitled to the half of the straw of the Oats and Bear the year of his Entry from the TENANT REMOVED. Accordingly, when the Crops are fit to be housed, the TENANT IN POSSESSION and the TENANT REMOVED supply an equal number of horses properly harnessed to lead the Cropt to the Barns and Stockyard. These horses the TENANT REMOVED is entitled to work by himself and servants as he does his own in leading the Crop to the Barns and the Stockyard, but the TENANT IN POSSESSION is not obliged by himself or his servants in assist in leading, housing, or thatching the crop. The horse or horses so employed belonging to the TENANT REMOVED is privileged to pasture in the day time on the Stubble ground of the farm, only secured by a Stake in the Ground and halter from it of Five fathoms length, but is not to remain on the farm overnight.
If the TENANT IN POSSESSION prefers to furnish the horses himself suitably harnessed for leading the Crop, the TENANT REMOVED has in that event NOT RIGHT TO BRING ANY HORSE UPON THE FARM FOR THAT PURPOSE.
(THRESHING THE CROP & FEEDING THE CATTLE OVER THE WINTER)When the Cropts are secured upon the Farm, the TENANT REMOVED in the first place threshes out as much of it at his own expense as may be nedessary to afford sufficiency of straw to thatch the Barns, Kiln and Stacks upon the Farm.
In the next place, about the term of Martinmass or at the time of housing the Cattle of the farm, the TENANT REMOVED and the TENANT IN POSSESSION begin with an equal number of hands to thresh out the Cropt and to divide the Straw equally each day the Crop is threshen which is generally two days in the Week, Thuesday and Friday, while any of the remains. The obvious reason for threshing the Crop piecemeal in this manner is that the TENANT IN POSSESSION may have a just and equal half of the straw fresh for feeding his cattle and the farm in Winter and Spring, without which they would inevitably perish.
The TENANT IN POSSESSION upon receiving delivery of the Barns on the Second of February generally allows the TENANT REMOVED room in them for what is called a COTT OF CORN, untill it is convenient for him to carry it away; but this being a matter of favour, the TENANT IN POSSESSION is not responsible for any damage that may arise by Ermin or otherwise to the Corn so secured.
RESERVED TO THE PROPRIETOR:
(MINERALS, COAL, WOOD, KELP)
THE PROPRIETOR RESERVES TO HIM and his heirs all Mines, Metals, Minerals and Coal, planting and natural wood, being and growing in and upon the farm and lands of the several Estates and all the Sea War upon the shores thereof fit for KELP, with full power to search for work and manufacture the same and otherwise dispose thereof
AND FOR THAT EFFECT, TO EJECT such buildings, exercise and use such liberties upon the grounds, shores and harbours of the same as they may judge necessary for that purpose UPON PAYMENT OF ANY MATERIAL DAMAGE THEREBY SUSTAINED BY THE TENANTS, as the same shall be ascertained by two skilful disinterested men, one to be chosen by each party, and that proportinally and (?Effeiring?) To the Tack duty payable for the whole of the farm
AS ALSO HE RESERVES to himself and his foresaids ALL THE OYSTERS SCAPS AND OYSTERS being and growing upon the shores of the farms of the aforesaid Estates
(REARRANGING FARM LANDS)
AND ALSO Power and liberty of streighting Marches between the adjoining and contiguous farms and of exchanging land where necessary for the purpose; the Value of the land so exchanged, whether annexed to or disjoined from either farm being always ascertained by two skilful disinterested persons upon Oath, one to be chose by each party, and that in proportion to the Rent of the farm from which the same is disjoined and a suitable abatement of Rent annually to be given to the tenants of the farm from which it is disjoined and the like suitable Rent annually to be paid in addition by the tenants of the farm to which the same is annexed.
(BUILDING OF DYKES AND DITCHES)
With Power and Liberty to the Proprietor and his forsaids to Erect and Execute sufficient March Dykes and Ditches upon such new lines of March between the Farms and if necessary subdivisions on the Farms themselves for the amount of the Expence of which the Tenants of the Contiguous farms as well as those benefiting by the subdivisions shall pay among them SEVEN AND A HALF PERCENT ON THE EXPENDITURES in addition annually to their Rent, and be LIABLE TO MAINTAIN SUCH dykes and ditches in good condition during their possession, and to leave them in sufficient order at their REMOVAL under comprisement as aforesaid
(MOSS AND CUTTING OF PEAT)
AND THE TENANTS of such farms as have DIVISIONS OF MOSS IN THE COMMON MOSS OF DUNANCALDINE AND DUNANNAHEILDE by their Setts, shall be bound to cut and win their peats in their said Divisions of Moss in a proper and regular manner and maintain it in good order with a free run of water therefrom without pits or poaching. Cutting the same in a straight and regular manner, laying the Grass side of the turf upper most, AND ON NO ACCOUNT to scalp any pasture or arable land of their Farm or possession, nor to deteriorate the subjects Sett to them in many of way without forfeiture of the penalty specified in their Sett.
(CATTLE, SHEEP, LAMBS AND A STONED HORSE)
THAT THEY do not keep more than the ESTABLISHED SOUMING OF CATTLE on their possessions. THAT Three two-year olds of the Black Cattle are to be considered equal to two Soums; AND two, tw-year olds equal to a Soum & hald a ?farm?. AND when a Tenant is deficient of his full souming, he is not at Liberty to take in Cattle or grazing from any other person, but to have allowance for the deficiency agreeable to the above rates from the other tenants of the farm having their full sums according to the average ?Grassmail of Cattle in the Parish;
AND NO SHEEP OR LAMB are to be permitted to pasture on any Farm South of Tayvallich without leave asked and obtained from the Proprietor
The possessors of each plowland upon the Estates are liable to pay annually to the proprietor or his order a ?? Of Clean Corn in due season for the support of a Stoned horse kept for the service of their mares; No other Consideration being Exacted on that Account....