Memoirs of the Life of Sir Walter Scott, Volume 4 (of 10)Lockhart, J. G. (John Gibson)
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Memoirs of the Life of Sir Walter Scott, Volume 4 (of 10)
Lockhart, J. G. (John Gibson)
Authors, Scottish -- 19th century -- Biography; Scott, Walter, 1771-1832
"I cannot get a distinct account of the nature of the land rights. The
Udal proprietors have ceased to exist, yet proper feudal tenures seem
ill understood. Districts of ground are in many instances understood
to belong to Townships or Communities, possessing what may be arable
by patches, and what is muir as a commonty, _pro indiviso_. But then
individuals of such a Township often take it upon them to grant feus
of particular parts of the property thus possessed _pro indiviso_. The
town of Lerwick is built upon a part of the commonty of Sound, the
proprietors of the houses having feu-rights from different heritors of
that Township, but why from one rather than another, or how even the
whole Township combining (which has not yet been attempted) could
grant such a right upon principle, seems altogether uncertain. In the
mean time the chief stress is laid upon occupance. I should have
supposed, upon principle that Lord Dundas, as superior, possessed the
_dominium eminens_, and ought to be resorted to as the source of land
rights. But it is not so. It has been found that the heritors of each
Township hold directly of the Crown, only paying the _Scat_, or
Norwegian land-tax, and other duties to his lordship, used and wont.
Besides, he has what are called property lands in every Township, or
in most, which he lets to his tenants. Lord Dundas is now trying to
introduce the system of leases and a better kind of agriculture.[64]
Return home and dine at Sinclair's, a decent inn--Captain M'Diarmid
and other gentlemen dine with us.--Sleep at the inn on a straw couch.
Public-domain text, read in full here on John Shaqi.
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